CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, April 17, 2023
4:00 PM – Special Meeting/Closed Session
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
DoubleTree Hotel - Lobby
St. Louis Forest Park
4550 Forest Park Ave
St. Louis, MO 63108
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Instructions to Make Public Comment
Submitting Public Comment via Email
Members of the public who wish to provide public comment via email will need to submit written comments to [email protected] no later than 2:00 p.m. on Monday, April 17, 2023. Written comments received no later than 2:00 p.m. will be distributed to the Council, filed in the record, and will not be read aloud. All comments submitted later than 2:00 p.m. will be distributed to the Council.
Listening to a Zoom Meeting by Zoom Video Conference
To make a public comment using the Zoom platform, please use the “raise hand” feature at the
Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, April 17, 2023
bottom center of the screen. Please make sure to enable audio controls once access has been given by the City Clerk’s office to speak. Please wait to be called upon by the City Clerk.
Listening to a Zoom Meeting by Phone Only
You can join a Zoom meeting via teleconferencing/audio conferencing using a cell phone or traditional landline phone. To request to make a public comment by phone press *9 to raise your hand. Please wait to be called upon by the City Clerk.
All public comments will be limited to three minutes.
If you have questions related to the City Council Meeting or the use of Zoom, please contact the City Clerk’s Office at (916) 851-8720 before Monday, April 17, 2023, at 2:00 p.m.
AGENDA
1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Council Member Garrett Gatewood, Siri Pulipati, David Sander, Donald Terry, and Mayor Linda Budge
2. PUBLIC COMMENT
At a special meeting, citizens wishing to address the Council for any matter on the agenda may do so at the time the matter is discussed. Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking action on any item not on the agenda.
3. ADJOURN TO CLOSED SESSION
Mayor Budge will adjourn the meeting to closed session.
4. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Council Members Garrett Gatewood, Siri Pulipati, David Sander, Donald Terry, and Mayor Linda Budge
5. CLOSED SESSION
Council will meet in closed session to discuss the following item:
5.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) (Four cases, one relating to “Notice and Alleged Default Under Development Agreement and 60-Day Period to Cure; Logisticenter Project” at Corner of N. Mather Blvd. and Bear Hollow Drive from Arthur Coon, January 25, 2023; a second relating to a “Notice of City of Rancho Cordova’s Breach of and Default Under Development Agreement and 60-Day Period to Cure; Stone Creek Industrial Center” at Corner of Zinfandel Blvd. and Baroque Drive from Arthur Coon, March 13, 2023; a third relating to an oral threat of litigation from representatives of Elliott Homes relating to its Stone Creek properties APN 072-2360-028, APN 072-2360-029, APN 072-2360-030, APN 072-2860-024, APN 072-2860-015, APN 072-2860-016, APN 072-2860-017, APN 072-2860- 018 and an April 12, 2023 “Request to Process Application and 60-Day Notice of Default”; and a fourth relating to the written threat by Gloria Smith on behalf of Stone Creek Residents for
Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, April 17, 2023
Smart Growth, March 30, 2023.
6. OPEN SESSION - REPORT FROM CLOSED SESSION
The City Attorney will report on action taken in closed session.
7. ADJOURN TO REGULAR MEETING
Mayor Budge will adjourn closed session to the Regular meeting.
8. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Council Members Garrett Gatewood, Siri Pulipati, David Sander, Donald Terry, and Mayor Linda Budge
9. METRO CABLE TV TELEVISION ANNOUNCEMENT
The Clerk will announce the meetings video recording and playback schedules.
10. PLEDGE OF ALLEGIANCE
The Mayor will call on someone in attendance to lead the Pledge.
11. INVOCATION
Mark Shelter with River City Christian will give the invocation.
12. PRESENTATIONS
12.1. New Employee Introductions: Lydia Thung, Economic Development Analyst II by Amanda Norton, Economic Development Manager.
13. PUBLIC COMMENT
Citizens wishing to address the Council for any matter not on the agenda may do so at this time via teleconference or by completing and submitting a Speaker Card to the City Clerk.
If you want to make a public comment via teleconference, please use the “raise hand” feature at the bottom center of the screen. If you are participating by telephone and you want to make a public comment, please press *9 to raise your hand. For those participating by Zoom or telephone, please wait to be called upon by the City Clerk.
For items on the agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or less and to state name and community of residence.
Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking immediate action on any item not on the agenda unless it can be demonstrated to be of an emergency nature or the need to take immediate action arose after the posting of the agenda.
14. COUNCIL REPORTS
15. CITY MANAGER'S REPORT
16. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, April 17, 2023
16.1. Subject: Meeting Minutes from the Special Meeting of March 30, 2023, the Special and Regular City Council Meeting of April 3, 2023.
Recommendation: Adopt the Minutes.
16.2. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 58- 2019-2 with Coastline Water Resources, Inc. to Extend the Contract Term from June 30, 2023, to June 30, 2024, which Results in an Increase to the Contract Amount from $1,835,000 to an Amount not to Exceed $2,335,000 for Citywide Storm Drain Maintenance Services.
Recommendation: Adopt the Resolution.
16.3. Subject: A Resolution Authorizing the City Manager to Execute Space Rent Stabilization Memorandums of Understanding with the Eight Mobile Home Parks within the City of Rancho Cordova.
Recommendation: Adopt the Resolution.
16.4. Subject: A Resolution Approving the Final Map of Grantline 220 Unit 5, Subdivision No. FM2021-004-05, and Authorizing the City Manager to Execute Subdivision Improvement Agreement Contract No. 2023-39 with Lennar Homes of California, LLC, and Finding the Action Exempt Under CEQA Guideline 15268(b)(3).
Recommendation: Adopt the Resolution.
16.5. Subject: A Resolution Approving the Final Map of Grantline 220 Unit 6, Subdivision No. FM2021-004-06, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement Contract No. 2023-40 with Lennar Homes of California, LLC and Finding the Action Exempt Under CEQA Guideline 15268(b)(3).
Recommendation: Adopt the Resolution.
16.6. Subject: A Resolution Declaring the City's Intention to Impose an Annual Stormwater Utility Fee for the Maintenance of Storm Drainage and Flood Protection Systems for the North Point Project.
Recommendation: Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for the North Point project.
16.7. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment 2022- 207-1 with Bio-One to Increase the Contract Amount from $100,000.00 to an Amount not to Exceed $225,000.00 for Biohazard and Non-Biohazard Clean-up Throughout the City.
Recommendation: Adopt the Resolution.
17. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
17.1. Subject: A Resolution Vacating a No Ingress or Egress Rights Line Pursuant to the Provisions of Chapter 3, Part 3 of Public Streets, Highways, and Service Easements Vacation Law Commencing at Section 8320 of the California Streets and Highways Code (3115 Gold Valley Drive).
Recommendation: Adopt the Resolution.
18. PUBLIC HEARING ITEMS
18.1. Subject: Logisticenter at Rancho Cordova Major Design Review - Project No. PLND-1021- 0015.
Recommendation: There is no Staff recommendation at this time. On April 3, 2023 City Council made a motion and directed Staff to bring back the Logisticenter project for
Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, April 17, 2023
reconsideration of their March 6, 2023 motion directing staff to prepare a Resolution with findings for denial. Staff will be seeking additional direction from Council regarding the reconsideration, including a decision on the requested motion to reconsider. If the motion to reconsider is approved by the City Council, additional direction on the Project could be made, including possible direction to Staff prepare a Resolution with findings of approval for consideration at the May 15, 2023 Council meeting. Staff also requests direction on a March 20, 2023 demand to cure or correct under government Code 54960.1. Staff requests that the Council receive additional testimony, potentially close the public hearing, ask any questions, deliberate, and provide staff sufficiently detailed direction to prepare documents for final action at the May 15, 2023 Council Meeting based upon Council’s direction.
18.2. Subject: Stonecreek Industrial Center Major Design Review Amendment; Project No. PLND1121-0020.
Recommendation: There is no staff recommendation at this time. Staff will be seeking additional direction from Council for this project. Staff requests that the Council receive testimony, continue the public hearing to May 15, 2023, potentially appoint an ad hoc City Council subcommittee (two members), ask any questions, deliberate, and provide staff sufficiently detailed direction to return with final hearing documents and plan revisions at the May 15, 2023 City Council meeting.
19. REGULAR CALENDAR ITEMS
19.1. Subject: A Resolution of the City Council of the City of Rancho Cordova Approving a Purchase and Sale Agreement by and Between the City of Rancho Cordova and Elliott Homes for the Purchase of Properties within the Stone Creek Specific Plan Area (Assessor’s parcel numbers 072-2360-028, 029 and 030, and 072-2860-024, 015, 016, 017 and 018), Pursuant to CEQA Guideline 15061(b)(3).
Recommendation: Adopt the Resolution.
20. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
21. ADJOURNMENT
ADDITIONAL INFORMATION
Special Meetings listed below are subject to change/cancellation without further notice.
Unless the Council adopts a motion to extend the meeting, any item that is not initiated before 11:00 p.m. will be continued to the next day at 5:30 p.m. or scheduled on the next regular meeting agenda of the Council.
Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Rancho Cordova City Hall.
The agenda items are accessible on the City’s website at www.cityofranchocordova.org on Thursdays or Fridays prior to the Regular City Council Meeting.
UPCOMING MEETINGS
Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, April 17, 2023
May 1, 2023 4:00 PM Special Meeting/Regular Meeting
May 15, 2023 5:30 PM Regular Meeting
May 23, 2023 5:30 PM Special Meeting/Work Session
June 5, 2023 4:00 PM Special Meeting/Regular Meeting
June 19, 2023 5:30 PM Regular Meeting
June 27, 2023 5:30 PM Special Meeting/Work Session
July 3, 2023 4:00 PM Special Meeting/Regular Meeting
July 25, 2023 5:30 PM Special Meeting/Work Session
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.
The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast, Consolidated Communications and AT&T U-Verse Systems. Closed Captioning will be available on the playback cablecast. A DVD copy is available from the City Clerk’s Department and a webcast of this meeting will be available for viewing via video streaming from the City’s website within 48 hours of adjournment of this meeting.
In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (916) 851-8720 at least 48 hours prior to the meeting.
CERTIFICATION OF POSTING OF AGENDA
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the April 17, 2023 Regular Meeting of the Rancho Cordova City Council was posted and available for review on April 14, 2023 at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at www.cityofranchocordova.org.
Signed April 14, 2023 at Rancho Cordova, California.
Stacy Leitner, CMC
City Clerk
ITEM 16.1.
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Thursday, March 30, 2023
5:30 PM – Special Meeting/Closed Session
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
The Padre Hotel - Lobby
1702 18th Street
Bakersfield, CA 93301
DRAFT MINUTES
1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Mayor Budge called the Special meeting to order in the David B. Roberts Council Chambers at 5:39 p.m.
Council Members Present: Garrett Gatewood, David Sander, Donald Terry, and Mayor Linda Budge
Council Members Absent: Siri Pulipati
Staff Members Present: Haley Arata, Stacy Leitner, Adam Lindgren, Persephonie Riley. and Micah Runner
2. PUBLIC COMMENT
Mayor Budge opened the public comment period. The following individuals addressed the Council:
1. Pilar Magana
2. Cherrie Wheeler
3. Heeyoun Cho
4. Jenica Williams
5. Donald Weidman
6. Rose Ferrer
7. Kim Herlache
ITEM 16.1.
Rancho Cordova City Council – DRAFT MINUTES
Meeting of Thursday, March 30, 2023
8. John Dyte
9. Lisa Burns
10. David Burns
11. Vera Ferguson
12. Jonathan Lacoss
13. Nancy Lacoss
14. Valerie Knippschild
15. Troy Fennel
16. Katherine Whitcome
17. Pete Philips
18. Skip Bradlee
19. Pio Enriquez
20. Michelle Nelson
21. Steve Elliott
22. Gene and Daneece Adair
23. William Workman
24. Pamela and Darrell Fuller
25. Cyndi Sills
26. Yuriy Chernioglo
27. Holles Sommers Ahlstrom
28. Galina Gavrilov
29. Andrey Gavrilov
30. Maria Gavrilov
31. Jennifer Garcia
32. Schott Ahlstrom Sr.
33. Timothy Johnson
34. Elaine Rice
35. Paul Carroll
36. Andrey Shivdchenko
37. Alan Vosper
38. Marilyn Metzger
39. Gloria Smith
40. Eileen and Stan Sedilko
41. Mary and Phil Miller
42. Katie Uyeyama
43. Ben and Rowena Ramirez
44. Amir Mohammadiadl
45. Mehrnoosh Ansari
46. Shahnaz Mohammadiald
47. Paridokht Aghajoni
48. Ehson Rostami
49. Mary Kinyua
50. Stanley Nderi
51. Jim Rohwer
52. Pat Becker
53. Jon Decoteau
54. Alina Skye
55. Barbara Korpacek
56. Stanley Sedilko
57. Lynn Keay
58. Janet Tegtmeyer
59. Michael Phalen
60. Dilip Nayak
ITEM 16.1.
Rancho Cordova City Council – DRAFT MINUTES
Meeting of Thursday, March 30, 2023
61. MJ Tournay
62. John Mclaughlin
63. Minh Hoang
64. Jeanette and John Cluff
65. Nancy and Dennis Scovill
66. Nikki Sowunmi
67. Mark Berry
68. Elaina Natividad
69. Elisha Abbott
70. David and Barbara Williams
71. Sara Malone
72. James Garcia
73. Valeria Knippschild
74. Eric Winegar
Mayor Budge closed the public comment period.
3. ADJOURN TO CLOSED SESSION
Mayor Budge adjourned the meeting to closed session at 5:25 p.m.
4. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Budge called closed session to order at 5:25 p.m.
Council Members Present: Garrett Gatewood, David Sander,Donald Terry, and Maor Linda Budge
Council Members Absent: Siri Pulipati
Staff Members Present: Adam Lindgren and Micah Runner
5. CLOSED SESSION
Council met in closed session to discuss the following items:
5.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Pursuant to Government Code Section 54956.9(d)(4) (one case): Potential Litigation Related to National Opioid Cases and Settlement. (IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION, U.S.D.C., Eastern District of California, Case No. 2:18-cv-01135 and U.S.D.C., Northern District of Ohio, MDL No. 2804, Case No. 17-MD-2804.)
5.2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) (Three cases, one relating to “Notice and Alleged Default Under Development Agreement and 60-Day Period to Cure; Logisticenter Project” at Corner of N. Mather Blvd. and Bear Hollow Drive from Arthur Coon, January 25, 2023; a second relating to a Notice of City of Rancho Cordova’s Breach of and Default Under Development Agreement and 60-Day Period to Cure; Stone Creek Industrial Center” at Corner of Zinfandel Blvd. and Baroque Drive from Arthur Coon, March 13, 2023; and a third relating to an oral threat of litigation from representatives of Elliott Homes that the potential City action on the Logisticenter Project will result in litigation by Elliott Homes against the City relating to certain of its Stone Creek properties).
6. OPEN SESSION - REPORT FROM CLOSED SESSION
ITEM 16.1.
Rancho Cordova City Council – DRAFT MINUTES
Meeting of Thursday, March 30, 2023
The City Attorney will report on action taken in closed session.
Adam Lindgren, City Attorney:
“Thank you, Mayor, Council, and members of the community.
This evening the City Council met in closed session on one item of anticipated litigation, the national prescription opioid litigation. The City Council gave direction to the City Manager and the City Attorney to take the necessary steps to participate in the next round of the national prescription opioid litigation settlements that will allow additional funds to come to the City in exchange for participating in that matter.
The second item of business in closed session, the Council took up a conference with legal counsel on anticipated litigation on three identified cases relating to warehouses proposed in the City and the City Attorney provided information and received additional direction from the Council.”
7. ADJOURNMENT
Mayor Budge adjourned the meeting in memory of Steve Miller at 7:02 p.m. _______________________
Stacy Leitner, CMC
City Clerk
ITEM 16.1.
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, April 3, 2023
5:00 PM – Special Meeting/Closed Session
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
DRAFT MINUTES
1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Mayor Budge called the Special meeting to order in the David B. Roberts Council Chambers at 5:14 p.m.
Council Members Present: David Sander, Donald Terry, and Mayor Linda Budge Council Members Absent: Garrett Gatewood and Siri Pulipati Staff Members Present: Haley Arata, Stacy Leitner, Adam Lindgren, Persephonie Riley, and Micah Runner
2. PUBLIC COMMENT
Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Ken Cooley
2. Diann Rogers
3.Carrie Ann Griffin
Mayor Budge closed the public comment period.
3. ADJOURN TO CLOSED SESSION
Mayor Budge adjourned the meeting to closed session at 5:25 p.m.
4. CLOSED SESSION
Council met in closed session to discuss the following item:
ITEM 16.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, April 3, 2023
4.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) (Four cases, one relating to “Notice and Alleged Default Under Development Agreement and 60-Day Period to Cure; Logisticenter Project” at Corner of N. Mather Blvd. and Bear Hollow Drive from Arthur Coon, January 25, 2023; a second relating to a Notice of City of Rancho Cordova’s Breach of and Default Under Development Agreement and 60-Day Period to Cure; Stone Creek Industrial Center” at Corner of Zinfandel Blvd. and Baroque Drive from Arthur Coon, March 13, 2023; a third relating to an oral threat of litigation from representatives of Elliott Homes that the potential City action on the Logisticenter Project will result in litigation by Elliott Homes against the City relating to its Stone Creek properties APN 072-2360-028, APN 072-2360-029, APN 072-2360-030, APN 072-2860- 024, APN 072-2860-015, APN 072-2860-016, APN 072-2860-017, APN 072-2860-018; and a fourth relating to the written threat by Gloria Smith on behalf of Stone Creek Residents for Smart Growth, March 30, 2023.
5. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Budge called closed session to order at 5:25 p.m.
Council Members Present: David Sander, Donald Terry, and Mayor Linda Budge Council Members Absent: Garrett Gatewood and Siri Pulipati Staff Members Present: Adam Lindgren and Micah Runner
6. OPEN SESSION - REPORT FROM CLOSED SESSION
City Attorney Adam Lindgren gave the following report:
Tonight we can report that the City has been working with Elliott Homes on a framework for potential resolution of their claims relating to ware houses proposed on property they own in Stone Creek. The settlement and release will include a proposed purchase by the City of property owned by Elliott and proposed for approximately 600,000 square feet of ware house development immediately across the street from the Dermody Logisticenter Project and parcels on the north side of North Mather. The City Manager will have additional comments on this matter under his report this evening.
7. ADJOURNMENT
Mayor Budge adjourned to the Regular Meeting at 5:50 p.m. ____________________
Stacy Leitner, CMC
City Clerk
ITEM 16.1.
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, April 3, 2023
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
DRAFT MINUTES
1. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Mayor Budge called the Regular meeting to order in the David B. Roberts Council Chambers at 5:50 p.m.
Council Members Present: David Sander, Donald Terry, and Mayor Linda Budge Council Members Absent: Garrett Gatewood and Siri Pulipati Staff Members Present: Haley Arata, Stacy Leitner, Adam Lindgren, Persephonie Riley, and Micah Runner
2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The City Clerk read the meetings recordings and playback schedule.
3. PLEDGE OF ALLEGIANCE
Tera Kolvenbach led the pledge.
4. INVOCATION
There was a moment of silence in lieu of the invocation.
5. PRESENTATIONS
5.1. Presentation by the Rancho Cordova Food Locker.
5.2. Mayor Linda Budge's Birthday on April 10, 2023.
6. PUBLIC COMMENT
Mayor Budge opened the public comment period. The following individuals addressed
ITEM 16.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, April 3, 2023
the Council or submitted public comment via email:
1. Greg Muilenberg
2. Helen Whelan-Bashaw
3. Marilyn Metzger
4. Paul Carroll
5. Eric Winegar
6. Katherine Fuentes
7. Marilyn Metzger
8. Brenda Gustin
9. Valerie Knippschild
Mayor Budge closed the public comment period.
7. COUNCIL REPORTS
Council reported on events since the last meeting.
8. CITY MANAGER'S REPORT
City Manager Micah Runner gave his report.
9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
Mayor Budge opened the public comment period. Seeing no speakers, Mayor Budge closed the public comment period.
ACTION: Motion to approve items 9.1 through 9.5 by Sander second by Terry; Motion passed with a 3:0 vote.
AYES: Sander, Terry, and Budge
NOES: None
ABSENT: Gatewood and Pulipati
ABSTAIN: None
9.1. Subject: Meeting Minutes from the Regular City Council Meeting of March 20, 2023.
Recommendation: Adopt the Minutes.
9.2. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2023-47 with Anvil Builders Inc. in an Amount not to Exceed $3,647,999 for the Stormwater Pump Stations Improvement Project and Finding the Project Exempt from Further California Environmental Quality Act (CEQA) Analysis as it is Consistent with the Initial Study with Mitigated Negative Declaration Prepared for Routine Maintenance of the City's Stream Channels and Drainage Facilities.
Recommendation: Adopt the Resolution.
9.3. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 61-2017-3 with Davey Resource Group Inc. to Extend the Contract Term from June 30, 2023, to June 30, 2025, which would Result in an Increase to the Contract Amount from $460,000 to $732,500 for On-Call Arborist Consulting Services.
Recommendation: Adopt the Resolution.
9.4. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 179-2018-03 to Increase the Contract Amount by $13,856.00 to an Amount not to Exceed $213,856.00 with Psomas, Inc. for On-Call Construction Management Services for the White Rock Road - Sunrise Boulevard to Fitzgerald Road Project and Finding the Project Exempt from Further California Environmental Quality Act Analysis as an Initial
ITEM 16.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, April 3, 2023
Study with Mitigated Negative Declaration/Environmental Assessment with Finding of No Significant Impact and Section 4(f) Evaluation Has Previously Been Prepared.
Recommendation: Adopt the Resolution.
9.5. Subject: A Resolution to Approve the Execution of a Memorandum of Understanding with the Sacramento Area Council of Governments to Receive Green Means Go Grant Funds in the Amount of $486,000.00 for the Mills Crossing Civic Center Project.
Recommendation: Adopt the Resolution.
10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
Mayor Budge opened the public comment period. Seeing no speakers. Mayor Budge closed the public comment period.
ACTION: Motion to approve item 10.1 and 10.2 by Sander second by Terry; Motion passed with a 3:0 vote
AYES: Sander, Terry, and Budge
NOES: None
ABSENT: Gatewood and Pulipati
ABSTAIN: None
10.1. Subject: Amendment to the Community Development Block Grant Program 2020 Annual Action Plan and 2020-2024 Consolidated Plan.
Recommendation: Adopt the Resolution.
10.2. Subject: Second Reading of an Ordinance Amending Title 4 Business Regulation, Chapter 4.07 Tobacco Retailer License and Chapter 4.50 Other Businesses; Title 8 Animals, Chapter 8.03 General Provisions and Chapter 8.09 Procedures; Title 16 Buildings and Construction, Chapter 16.05 Historical Building Code, Chapter 16.10 Existing Building Code, Chapter 16.20 Housing Code and Chapter 16.26 Energy Code; Title 22 Land Development, Chapter 22.40 Park and Recreation Dedication and Fees and Chapter 22.170 Local Parks and Recreational Facilities; Title 23 Zoning Code, Chapter 23.310 Residential Zoning Districts and the Folsom Boulevard Specific Plan Table 2-2 Use Table for Mixed Use Classifications and Finding the Adoption of this Ordinance as Exempt Under California Environmental Quality Act (CEQA) Section 15061(b)(3), 15301 and 15324.
Recommendation: Waive the second reading and adopt the Ordinances.
11. PUBLIC HEARING ITEMS
None.
12. REGULAR CALENDAR ITEMS
12.1. Subject: Update on Fiscal Year 2023/24 Community Enhancement & Investment Fund Applications Received for Council Consideration.
Recommendation: Staff to introduce and provide an update on the Fiscal Year 2023/24 Community Enhancement & Investment Fund grant applications received for Council consideration.
Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Derald Langwell
2. Andy Berchielli
ITEM 16.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, April 3, 2023
3. Tom Nance
4. Anil Reddy
5. Dr. Kevin Cameron
Mayor Budge closed the public comment period.
ACTION: Input was received regarding Fiscal Year 20023/24 Community Enhancement & Investment Fund Applications Received for Council Considerations.
13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
ACTION: Motion to Place the Logisticenter Item on the April 17, 2023 Council Meeting Agenda for Reconsideration by Sander second by Budge;
Motion passed with a 3:0 vote.
AYES: Sander, Terry, and Budge
NOES: None
ABSENT: Gatewood and Pulipati
ABSTAIN: None
14. ADJOURN TO CLOSED SESSION
Mayor Budge adjourned the meeting to closed session at 7:00 p.m.
15. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Budge called closed session to order at 7:01 p.m.
Council Members Present: David Sander, Donald Terry, and Mayor Linda Budge Council Members Absent: Garrett Gatewood and Siri Pulipati Staff Members Present: Adam Lindgren and Micah Runner
16. CLOSED SESSION
Public Comment for this item was taken during the general public comment section of the agenda. The following public comments were submitted via email:
1. Diann H. Rogers
2. Paul Carroll
Council met in closed session to discuss the following items:
16.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) (Four cases, one relating to “Notice and Alleged Default Under Development Agreement and 60-Day Period to Cure; Logisticenter Project” at Corner of N. Mather Blvd. and Bear Hollow Drive from Arthur Coon, January 25, 2023; a second relating to a Notice of City of Rancho Cordova’s Breach of and Default Under Development Agreement and 60-Day Period to Cure; Stone Creek Industrial Center” at Corner of Zinfandel Blvd. and Baroque Drive from Arthur Coon, March 13, 2023; a third relating to an oral threat of litigation from representatives of Elliott Homes that the potential City action on the Logisticenter Project will result in litigation by Elliott Homes against the City relating to its Stone Creek properties APN 072-2360-028, APN 072-2360-029, APN 072-2360-030, APN 072-2860- 024, APN 072-2860-015, APN 072-2860-016, APN 072-2860-017, APN 072-2860-018; and a fourth relating to the written threat by Gloria Smith on behalf of Stone Creek Residents for Smart Growth, March 30, 2023.
ITEM 16.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, April 3, 2023
17. OPEN SESSION - REPORT FROM CLOSED SESSION
City Attorney Adam Lindgren reported that staff was given direction and no reportable action was taken in closed session.
18. ADJOURNMENT
Mayor Budge adjourned the meeting at 8:08 p.m.
______________________
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.2.
DATE: April 17, 2023
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 58-2019-2 WITH COASTLINE WATER
RESOURCES, INC. TO EXTEND THE CONTRACT TERM FROM JUNE
30, 2023, TO JUNE 30, 2024, WHICH RESULTS IN AN INCREASE TO THE CONTRACT AMOUNT FROM $1,835,000 TO AN AMOUNT NOT
TO EXCEED $2,335,000 FOR CITYWIDE STORM DRAIN
MAINTENANCE SERVICES
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 58-2019-2 to extend the contract term from June 30, 2023, to June 30, 2024, which results in an increase to the contract amount from $1,835,000 to an amount not to exceed $2,335,000 for the provision of storm drain maintenance services by Coastline Water Resources, Inc. to promote the safety and livability in the City.
BACKGROUND
The City of Rancho Cordova’s storm drain system includes more than 250 miles of underground pipes, six pump stations, six regional flood control basins, and more than 70 acres of creek channels or tributaries to the American River. Water flows to the river through the channels without additional treatment or filtration, so effective maintenance of the system is essential for preventing trash, debris, or pollutants from eventually reaching the American River.
The work conducted under this contract includes furnishing all labor, materials, tools, and equipment to perform services comprised of routine cleaning of structures and pipes, closedcircuit television inspection, miscellaneous repairs, and emergency response within Citymaintained stormwater facilities, including but not limited to pipes, inlets, culverts, bridges, and manholes as well as other items as designated by the City engineer.
On October 7, 2019, City Council approved Contract No. 58-2019 in an amount not to exceed $1,285,710 with Coastline Water Resources, Inc for storm drain maintenance services over a three-year contract term. Coastline Water Resources, Inc has provided an excellent
City Council Staff Report - Page 2 of 2
performance record and an effective understanding of the City’s desired level of service. The City is seeking to execute Contract Amendment No. 58-2019-2 with Coastline Water Resources, Inc. to extend the contract term from June 30, 2023, to June 30, 2024, which results in an increase to the contract amount from $1,835,000 to an amount not to exceed $2,335,000.
The time extension and cost increase are necessary to provide ongoing storm drain maintenance services.
FISCAL IMPACT AND FUNDING SOURCE
Funding for the contract will be from the City’s Stormwater Utility Fund. There is no impact to the City’s general fund.
ATTACHMENT(S)
1. Resolution
2. Contract Amendment No. 58-2019-2
ITEM 16.2. ATTACHMENT 1
Resolution No. XX-2023 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 58-2019-2 WITH COASTLINE WATER RESOURCES, INC. TO EXTEND THE CONTRACT TERM FROM JUNE 30, 2023, TO JUNE 30, 2024, WHICH RESULTS IN AN INCREASE TO THE CONTRACT AMOUNT FROM $1,835,000 TO AN AMOUNT NOT TO EXCEED $2,335,000 FOR CITYWIDE STORM DRAIN MAINTENANCE SERVICES WHEREAS, the City entered into Contract No. 58-2019 with Coastline Water Resources, Inc. on October 7, 2019, in the amount of $1,285,710 to provide citywide storm drain maintenance services; and
WHEREAS, the scope of work includes all labor, materials, tools, and equipment to perform services consisting of routine cleaning of structures and pipes, closed-circuit television inspection, miscellaneous repairs, and emergency response within city-maintained stormwater facilities; and
WHEREAS, Coastline Water Resources, Inc. has provided an excellent performance record and an effective understanding of the city’s desired level of services; and WHEREAS, Amendment No. 1 increased the contract amount from $1,285,710 to $1,835,000 and extended the contract term to June 30, 2023; and WHEREAS, Amendment No. 2 will increase the contract amount from $1,835,000 to an amount not to exceed $2,335,000 and extend the contract term from June 30, 2023 to June 30, 2024; and
WHEREAS, the amount exceeds the maximum amount that the City Manager has authorization to approve; and
WHEREAS, the contract will be funded through the City’s Stormwater Utility Fund and there are sufficient funds budgeted to cover the cost of the contract amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract Amendment No. 58-2019-2 with Coastline Water Resources, Inc. in a form approved by the City Attorney to extend the contract term from June 30, 2023, to June 30, 2024, which results in an increase to the contract amount from $1,835,000 to an amount not to exceed $2,335,000 for storm drain maintenance services.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of April 2023 by the following vote:
AYES:
NOES:
ITEM 16.2. ATTACHMENT 1
Resolution No. XX-2023 Page 2 of 2
ABSENT:
ABSTAIN:
ATTEST:
Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
ITEM 16.2. ATTACHMENT 2
Contract No. 58-2019-2
Second Amendment to General Services Agreement between
City of Rancho Cordova and Coastline Water Resources, Inc. Page 1 of 2
SECOND AMENDMENT TO THE GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF RANCHO CORDOVA AND COASTLINE WATER RESOURCES, INC.
FOR STORM DRAIN MAINTENANCE SERVICES
This Second Amendment to the General Services Agreement (“Amendment”) is made by and between the City of Rancho Cordova (“City”) and Coastline Water Resources, Inc. (“Contractor”) as of . City and Contractor are hereinafter collectively referred to as the "Parties."
RECITALS
WHEREAS, the Parties entered into a General Services Agreement (“GSA”) No. 58-2019 dated October 7, 2019 to provide storm drainage system maintenance services; and WHEREAS, the scope of work includes routine cleaning of structures and pipe, closed-circuit television inspection, miscellaneous repairs, and emergency response within the City-maintained storm drainage system; and
WHEREAS, Coastline Water Resources, Inc. has provided an excellent performance record and an effective understanding of the city’s desired level of services; and WHEREAS, Amendment No.1 increased the contract amount from $1,285,710 to $1,835,000 and extended the contract term to June 30, 2023; and
WHEREAS, the City wishes to extend the contract term from June 30, 2023 to June 30, 2024; and
WHEREAS, the City wishes to increase the maximum compensation amount from $1,835,000 to an amount not to exceed $2,335,000; and
WHEREAS, the Parties agree that changes to the term and services provided for in the GSA are necessary in order for the City to continue receiving services by Contractor.
NOW, THEREFORE, the Parties hereto agree as follows:
AGREEMENT
1. The Parties agree to modify the end date of the GSA from June 30, 2023, to June 30, 2024. The first sentence of Section 2 of the GSA, “Term,” is amended to read as follows:
"The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2024, unless the term of the Agreement is otherwise terminated at provided for in Section 10.”
2. Section 4 of the GSA, “Compensation of Contractor,” provides for the City to pay Contractor One Million Eight Hundred Thirty-Five Thousand Dollars ($1,835,000). The Parties agree to amend
ITEM 16.2. ATTACHMENT 2
Contract No. 58-2019-2
Second Amendment to General Services Agreement between
City of Rancho Cordova and Coastline Water Resources, Inc. Page 2 of 2 Section 2 of the GSA in order to increase the compensation amount to pay Contractor for additional services. The first sentence of Section 4 of the GSA is amended to read as follows:
"The Contractor shall be paid Two Million, Three Hundred Thirty-Five Thousand Dollars ($2,335,000) for performance of the Services pursuant to this Agreement.”
3. All other terms and conditions in the GSA shall remain in full force and effect to the extent they are not in conflict with this Amendment.
4. The signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.
IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.
CITY OF RANCHO CORDOVA CONTRACTOR
____________________________ ______________________________ Micah Runner, City Manager Jeremy Jaeger, President
Date:__________________ Date:__________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
____________________________
Adam U. Lindgren, City Attorney
Date:__________________
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.3.
DATE: April 17, 2023
TO: Honorable Mayor and Council Members
FROM: Stefan Heisler, Housing Manager
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
SPACE RENT STABILIZATION MEMORANDUMS OF
UNDERSTANDING WITH THE EIGHT MOBILE HOME PARKS WITHIN
THE CITY OF RANCHO CORDOVA
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would allow the City Manager to proceed with the execution of Memorandums of Understanding (MOUs) with the eight (8) mobile home parks within the City of Rancho Cordova to avoid excessive space rent increases, provide park owners an opportunity to receive a reasonable return on their investment, and increase communication between park owners, residents, and the city.
BACKGROUND
In 2021 the City Council directed staff to research space rent and other mobile home park issues within Rancho Cordova. In 2022 the City Council created an Ad Hoc Committee to continue negotiations between park residents, park owners, and the city. The Ad Hoc Committee recommended moving forward with a 10-year memorandum of understanding (MOU) to address space rent issues rather than adopting a new city ordinance. A draft MOU was presented to the City Council on March 20, 2023 and the City Council directed staff to finalize the MOU for execution.
Staff has finalized the MOU; it will continue for a period of 10 years, and is primarily intended to (1) operate as an alternative to a rent stabilization ordinance; (2) avoid excessive rent increases for the spaces in the mobile home parks; (3) provide the park owners with the opportunity to receive a reasonable return on their investment in the parks; (4) increase communication between park owners, residents, and the city. In finalizing the draft MOU only minor clerical edits have been made, no substantive changes. The Resolution would provide authorization to proceed with execution of the final draft MOU with each of the eight mobile home parks within the City of Rancho Cordova for a term of ten (10) years.
For reference, there are eight (8) manufactured home parks in the City of Rancho Cordova
City Council Staff Report - Page 2 of 2
comprising 1,345 spaces. One park, Mobil Country Club, is restricted to people ages 55 and above. The terms manufactured home and mobile home are used interchangeably.
FISCAL IMPACT AND FUNDING SOURCE
Adoption of the MOU would have a modest fiscal impact in additional staff and consultant time to monitor adherence to the MOU terms and receive and review annual reports. Fiscal impacts will largely depend on the volume of disputes to be resolved.
ATTACHMENT(S)
1. Resolution
2. Space Rent Stabilization Memorandum of Understanding
ITEM 16.3. ATTACHMENT 1
Resolution No. XX-2023 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE SPACE RENT
STABILIZATION MEMORANDUMS OF UNDERSTANDING WITH THE EIGHT MOBILE
HOME PARKS WITHIN THE CITY OF RANCHO CORDOVA
WHEREAS, the City Council is concerned with the rapid increase in mobile home space rents in Rancho Cordova impacting lower-income and fixed-income mobile home owners; and WHEREAS, in 2021 the City Council directed staff to research space rent and other mobile home park issues within Rancho Cordova; and
WHEREAS, in 2022 the City Council created an Ad Hoc Committee to continue negotiations between park residents, park owners, and the city; and WHEREAS, the Ad Hoc Committee recommended moving forward with a 10-year memorandum of understanding (MOU) to address space rent issues rather than adopting a new city ordinance; and
WHEREAS, a draft MOU was presented to the City Council on March 20, 2023 and the City Council directed staff to finalize the MOU for execution; and WHEREAS, staff has finalized the MOU; it will continue for a period of 10 years, and is primarily intended to (1) operate as an alternative to a rent stabilization ordinance; (2) avoid excessive rent increases for the spaces in the mobile home parks; (3) provide the park owners with the opportunity to receive a reasonable return on their investment in the parks; (4) increase communication between park owners, residents, and the city; and WHEREAS, the owners of all eight mobile home parks within the City of Rancho Cordova are willing to enter into the MOU; and
WHEREAS, the execution of these memorandums of understanding is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) – the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15060(c)(3) – the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes the City Manager and/or his designee to execute a MOU with each of the eight mobile home parks within the City of Rancho Cordova, the MOU shall be in a form approved by the City Attorney, and to execute such other documents and to take such other actions as necessary to consummate the agreements contemplated by this Resolution.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of April 2023 by the following vote:
ITEM 16.3. ATTACHMENT 1
Resolution No. XX-2023 Page 2 of 2
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
RANCHO CORDOVA MOU April 17, 2023 P.1
[RECORDERS SPACE]
MOBILE HOME PARK MEMORANDUM OF UNDERSTANDING
THIS MOBILE HOME PARK MEMORANDUM OF UNDERSTANDING (the "MOU ") is entered into as of , 2023 ("Effective Date") by and among the CITY OF RANCHO CORDOVA (the "City"), a California municipal corporation, and the owners ("Owners") of the mobile home parks ("Parks") identified on Exhibit A. Each individual Owner of a park will execute a substantively identical version of the MOU. This copy of the MOU is executed by the Owner of that Park commonly known as: ("Park")
RECITALS
This Agreement will be between the City and each park within the City of Rancho Cordova and shall contain substantively identical terms for each park.
This Agreement shall only be effective if all park owners within the City of Rancho Cordova enter into an agreement with the City; the Effective Date of this Agreement shall be when the last park owner in the City signs an Agreement with the City.
In order to avoid the negative consequences of a rent stabilization ordinance, including potential costly litigation and to maintain cordial relationships with their tenants, the Owners have agreed to attempt to negotiate a memorandum of understanding with the City that will (1) apply the provisions of this MOU to all existing tenants including good faith efforts to offer to amend the CPI formula rent increase provisions in any existing long term lease to conform to the terms of this MOU; and (2) waive during the term of this MOU any right an Owner would have had under a rent stabilization ordinance to apply for a Vega adjustment or an individual rent increase to maintain a fair return. In the event the Park becomes subject to a rent stabilization law or ordinance at some point after the Effective Date of this MOU, nothing in this MOU shall prevent Owner from applying for any rent increase Owner may be entitled to, including a Vega adjustment and/or a fair return adjustment.
This MOU: (1) is intended to operate as an alternative to a rent stabilization ordinance; (2) avoid excessive rent increases for the spaces in the Parks; (3) is intended by the City to provide the Owners with the opportunity to receive a reasonable return on their investment in the parks; and (4) to increase communication between Park Owners, residents, and the City.
The City and Owners intend that this MOU will govern the Parks and the rights of the Owners and Homeowners in those Parks (who are third party beneficiaries) during the Term and provide protections and benefits to the Owners and Homeowners of those Parks. The real property comprising the above-named Park is set forth in Exhibit A and this MOU shall be recorded against that real property until such time as this Agreement expires or terminates.
ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.2
The Owner or Owners and the City acknowledge that the parties may discuss potential amendments to this MOU at any time during the term of this MOU, provided such amendments will be subject to approval by the City Council and the applicable Owner or Owners.
AGREEMENT
NOW, THEREFORE, for the consideration of the mutual benefits, promises, and other valuable consideration identified herein, the receipt of which is hereby acknowledged, City and Owner agree as follows:
1. DEFINITIONS
A. "Anniversary Date" means the calendar date of the last Base Rent increase for a Space at the Park prior to the Effective Date of this MOU. For example, if the Base Rent for a Space at the Park was last increased on December 1, 2022, the Anniversary Date for that Space during the term of this MOU will be December 1.
B. “Base Rent” shall be the monthly rent for each Space in the Park occupied by a Homeowner pursuant to any lease or rental agreement between the Homeowner and the Owner as of the Effective Date of this MOU, as adjusted by any Annual Base Rent Increase and/or any Rent Increase When Existing Homeowners Vacate the Premises allowed under this MOU during the term of this MOU.
Base rent does not include any rent credits or other reductions in rent provided by Owner to Homeowner on or after the Effective Date of this MOU. For example, in the event a Homeowner with a Base a Rent of $1,000 per month receives a $50 Annual Base Rent Increase, but also qualifies for a $50 per month rent credit under the Rent Subsidy Program For Low Income Tenants, the Homeowner’s Base Rent would be $1,050, even though the qualifying Homeowner would pay only $1,000.
Base Rent shall not include utilities, fees, or incidental reasonable charges for services actually rendered that are specifically allowed by law, including the MRL.
C. “Capital Improvement” means the installation of new improvements and facilities that do not currently exist at the Park, but does not include ordinary maintenance or repairs or Capital Replacement Costs. Capital Improvements are required to be amortized over the useful life of the improvements pursuant to the provisions of this Chapter and the United States Internal Revenue Code.
D. “Capital Replacement” means an improvement required to maintain the common facilities and areas of the Park in a decent, safe and sanitary condition or to maintain the existing level of park amenities and services. If the expenditure qualifies for treatment as a capital expenditure which must be depreciated under the Internal Revenue Code, it is a Capital Replacement. If it can be fully deducted in one year as a business expense, it does not qualify as a Capital Replacement.
ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.3
E. “Capital Replacement Costs” means all costs reasonably and necessarily related to the planning, engineering and construction of a Capital Replacement and shall include reasonable debt service costs, if any, incurred as a direct result of the Capital Replacement.
F. “Consumer Price Index” or “CPI” means the annual percentage change in the prices paid by urban consumers for a representative basket of goods and services. For purposes of this Ordinance, the consumer price index is defined as follows: All Urban Consumers, West Region, All Items, as published by the United States Bureau of Labor Statistics of the United States Department of Labor as measured. Should the All Urban Consumers, West Region Consumer Price Index be discontinued, the parties will use the most comparable Consumer Price Index that includes the City of Rancho Cordova, Sacramento County, or the State of California, in that order.
G. “Government Fees and Assessments" refers to all monetary cost a park owner is required to pay, imposed by any government or quasi-governmental entities, including all fees, bonds, districts, assessments, licenses, curbs and gutters, permits, exactions, costs, and charges, however invoiced, charged, demanded, imposed or levied.
H. "Homeowner" shall have the meaning set forth in Civil Code Section 798.9.
I. “Mobile Home Residency Law” or “MRL” means the California Mobile Home Residency Law codified in California Civil Code Section 798 et seq. as now enacted and hereafter amended.
J. “Mobile Home” means a vehicle designed or used for human habitation, including those vehicles within the meaning of Mobile Home as set forth in Civil Code Section 798.3, when used as the principal place of habitation for the occupants thereof.
K. “Mobile Home Park” or “Park” means any area of land within the City of Rancho Cordova where two (2) or more mobile home spaces are rented, or held out for rent, for periods of thirty (30) days or longer to accommodate mobile homes used for human habitation.
L. “Mobile Home Space” or “Space” is the site within a Mobile Home Park intended, designed or used for the location or accommodation of a Mobile Home and any accessory structures or appurtenances attached thereto or used in conjunction therewith.
M. “Mobile Home Park Owner” or “Park Owner” or “Owner” means the owner or operator of a Mobile Home Park, or its agent, representative, or designee.
N. “Party” means any Affected Homeowner and/or Park Owner involved in proceedings under this Chapter.
O. “Prospective Mobile Home Owner and/or Prospective Homeowner” means a person who is in the process of applying for a Space tenancy in a Mobile Home Park, but has not yet been approved for tenancy and/or entered into a rental agreement with Owner as required by Civil Code Section 798.75.
ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.4
P. “Rent” means any consideration, whether monetary or non-monetary, including the fairmarket value of labor performed or services rendered and specifically agreed to by Owner and Homeowner for, or in connection with, the use or occupancy of a Mobile Home Space. For example, if the Base Rent is $1,000 per month, Owner and Homeowner may agree that the Base Rent may be paid with $700 in monetary consideration and $300 per month in non-monetary consideration, if Homeowner cleans the clubhouse once each week.
Rent shall not include:
1. Utility charges, including but not limited to sub-metered charges for gas, electricity and water.
2. Charges for water, refuse disposal, sewer service, cable television, telephone, internet and/or other services, which are either provided and charged to Homeowners solely on a cost pass-through basis and/or are regulated by state or local law.
3. Any amount paid for the use and occupancy of a Mobile Home unit (as opposed to amounts paid for the use and occupancy of a Mobile Home Space).
4. Charges for laundry services, vending machines and private functions at the clubhouse or other common area facilities of the Park.
5. Storage charges, including RV storage charges.
6. Government fees and charges that may be passed through to Homeowners pursuant to Civil Code Sections 798.49, or any other applicable provision of law.
7. Fees and charges specifically allowed under the Mobilehome Residency Law, including but not limited to fees and charges allowed under Civil Code Sections 798.15(g), 798.31, 798.32, 798.33(b), 798.39.5(a)(2), 798.72(a) and 798.74(f).
8. Labor, services or materials provided by the Homeowner pursuant to the Park’s rental agreement and/or rules and regulations, including labor, services or materials supplied by the Homeowner to maintain his or her Mobile Home and/or his or her Space.
Q. “Rent Increase” means any increase in Base Rent charged by a Mobile Home Park Owner to a Homeowner.
R. “Rent Review Officer” means the City Manager or designee who shall serve as the Rent Review Officer to administer and enforce the provisions of this MOU .
S. "Transfer" means any transfer of legal title or ownership to a Mobile Home except for the following:
ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.5
1. The transfer of a Mobile Home to the surviving joint tenant by devise, descent, or operations of law on the death of the joint tenant;
2. A transfer of the Mobile Home to, or the addition of, the spouse or domestic partner of the Homeowner;
3. A transfer of the Mobile Home resulting from a decree of dissolution of marriage, legal separation or from an incidental property settlement agreement by which the spouse becomes the owner of the Mobile Home;
4. A transfer to an inter vivos trust in which Homeowner is and remains the trustee or beneficiary and occupant of the Mobile Home; and
5. A transfer to a person other than a dealer, broker or other person authorized to sell Mobile Homes from the Park who does not qualify as a "homeowner" for purposes of the MRL and who does not have, and/or will not receive a "tenancy" in the Park for purposes of the MRL.
2. TERM.
The term of this MOU ("Term") shall commence on the Effective Date and continue for a period of ten (10) years.
Mobile Home Park Owners agree to not close their parks during the Term of this MOU, however, nothing in this MOU shall preclude any Owner from closing and/or going out of business if the Park is destroyed, or substantially destroyed, which shall mean for the purposes of this Agreement substantial loss of income and/or destruction of the Park infrastructure, by factors beyond Mobile Home Park Owner’s control, including war, terrorist attack, earthquake, fire, or other acts of nature.
Nothing in this MOU shall preclude any Owner from applying for a “Vega adjustment,” which allows park owners to start rent calculations with a base date rent similar to other comparable properties” and/or a rent increase based on fair return on investment, following the termination of this MOU and/or the enactment of any rent stabilization law that supersedes this MOU or is otherwise applicable to its Park.
3. APPLICABILITY
A. The provisions of this Agreement shall apply to all Mobile Home Parks and all Mobile Home Spaces owned by Owner within the City, except as provided in subparagraph B.
B. This Agreement shall not apply to Mobile Home Spaces covered by leases at the Effective Date of this Agreement, which provide for more than month-to-month tenancy, including adjustments and Pass Throughs within such leases, but only for the stated duration of any such lease. Upon the expiration or other termination of any such lease, all provisions of this Agreement shall immediately be applicable to the Mobile Home Space.
ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.6
C. This Agreement shall not be effective for any purpose until it has been executed by the City Manager of the City of Rancho Cordova and the duly authorized representatives of the Owners of all Mobile Home Parks which are situated in the City.
D. Nothing in this Agreement shall be deemed to impose any obligation upon any owner with respect to a Mobile Home Park not subject to such Owner’s control. This Agreement only imposes obligations on the Owner with respect to the Park.
4. ANNUAL BASE RENT INCREASE.
On the first Anniversary Date during the term of this Agreement, and on each and every Anniversary Date thereafter, the Owner may increase the then existing Base Rent by one hundred percent (100%) of the increase in the CPI, using the most recently published CPI data for the twelve-month period prior to the notice of rent increase, with a minimum rent increase of three percent (3%), and a maximum of six percent (6%) ("Annual Base Rent Increase").
5. RENT INCREASE WHEN EXISTING HOMEOWNERS VACATE THE PREMISES.
The Owners may increase the rent to the market rate when a current or existing Homeowner no longer resides at the Space and either (a) there is a Transfer of legal title or ownership of the existing Mobile Home to a new Homeowner, or (b) the existing Mobile Home is removed and a different Mobile Home is located on the Space.
6. PASS THROUGH ADJUSTMENTS.
In addition to the increases in Base Rent authorized in Sections 4 and 5, Owner may pass through to the Homeowner the following costs ("Pass Throughs"). a. Government Fees and Assessments. If the cost of Government Fees and Assessments exceeds the cost for Government Fees and Assessments from the prior fiscal tax year by more than the annual CPI increase, the Owner may pass through such increase to the Homeowners unless the Government Fee or Assessment has increased by less than the CPI in any of the prior five (5) years. The amount of any Government Fees and Assessments Pass Through shall be the total annual amount of such increase in the Government Fees and Assessments divided by twelve (12) and then divided by the total number of spaces in the Park. b. Capital Improvements. The Owner may pass through to the Homeowners, the amortized cost of any Capital Improvement, provided that such Capital Improvement has been approved by a majority of the residents of the Park by a written ballot with each Space having one (1) vote. The Owner shall provide the residents of the Park with at least thirty (30) days to consider the approval of the Capital Improvement. Any written ballot shall include the estimated cost of the Capital Improvement Pass Through for each resident. The amount of any Capital Improvement Pass Through shall be determined by amortizing the actual cost of the Capital Improvement plus interest at the actual rate of interest paid by the Owner for any financing associated with the Capital Improvement over the applicable amortization schedule of the U.S. Internal Revenue Code, or the Prime Rate in the event Owner does not borrow funds for the Capital Improvement.
ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.7
The annual amortized amount determined in accordance with this subsection shall be divided by twelve (12) and then divided equally among all spaces in the Park. Any Capital Improvement Pass Through shall be eliminated as a rent obligation at the conclusion of the amortization period. In the event the amortization schedules used by the U.S. Internal Revenue Service are repealed or no longer exist, Owner may use the amortization schedules in place on the Effective Date of this MOU.
c. Capital Replacements. The Owner may pass through to the Homeowners the amortized cost of any Capital Replacement in accordance with the following. (1) Prior to implementing any Capital Replacement Pass Through, except a Capital Replacement necessitated by an emergency, the Owner must provide the Homeowners with advance notice of the proposed Capital Replacement and an opportunity to comment on the need, design, and conduct of the work. The Mobile Home Park Owners will limit rent increases based on capital expenditures to the “replacement of existing improvements,” which cost in excess of $10,000. (2) The amount of any Capital Replacement Pass Through, including a Capital Replacement necessitated by an emergency, shall be determined by subtracting from the actual cost of the Capital Replacement any insurance proceeds, rebates, tax credits or warranty payments received by the Owner defraying the costs of the Capital Replacement and amortizing the remaining cost of the Capital Replacement plus interest at the actual rate of interest paid by the Owner for any financing associated with the Capital Replacement or if the Owner does not borrow funds for the Capital Replacement, at the Prime Rate over a minimum of ten (10) years. The annual amortized amount determined in accordance with this subsection shall be divided by twelve (12) and then divided equally among all spaces in the Park.
(3) Any Capital Replacement Pass Through shall be listed separately from the base rent on monthly rent billings and shall be eliminated as a rent obligation at the conclusion of the amortization period.
(4) Notwithstanding anything set forth above in this subsection (c), Owner shall be allowed a Capital Replacement Pass Through for Capital Replacements that were commenced and completed prior to the Effective Date, as long as (i) the Capital Replacement was completed no earlier than six (6) months prior to the Effective Date; (ii) the cost of the Capital Replacement has not already been passed through to the Homeowners; and (iii) the Capital Replacement Pass Through amount conforms to the requirements of subsection (c)(2) above. Owner shall list in Exhibit B any Capital Replacements that were completed prior to the Effective Date that meet the criteria of this Section.
d. Property Tax Increases. The Owner may pass through to the Homeowners the amount by which Property Taxes increase in any given fiscal tax year by more than two percent (2%) over and above the prior fiscal tax year Property Taxes, subject to the following. (1) A Property Tax Pass Through may be imposed in the amount of any Property Tax increase that exceeds two percent (2%) in a given fiscal tax year that is caused by an involuntary Property Tax reassessment including but not limited to a death of a person holding an ownership interest ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.8
in the Park or as the result of any new general or special real estate property tax imposed by the City of Rancho Cordova, the County of Sacramento, or the State of California. (2) If the Park is sold to a third party pursuant to an arms-length transaction, the Owner may pass through to the Homeowners the increase in Property Taxes resulting from a reassessment of the Park upon such sale to the extent that such increase exceeds two percent (2%) in a given fiscal tax year, provided, however, the total amount of any Property Tax Pass Through resulting from a sale shall be phased in over five (5) years with equal increases each year until the full amount of the Property Tax Pass Through has been implemented, and shall thereafter continue at one hundred percent (100%).
(3) Owner shall not be entitled to any Property Tax Pass Through due to an increase in Property Taxes if triggered solely by an internal reorganization resulting in an event of "Change of ownership" unless such event occurs one year or more after the Effective Date of the MOU.
Property tax pass throughs memorialized in a long-term lease covenant shall remain inapplicable to the MOU and protected and in effect.
(4) All Property Tax Pass Throughs shall be divided by twelve (12) and then shall be allocated equally among all spaces in the Park.
e. Emergency or Disaster Related Costs. Owner may pass through to the Homeowners any costs to repair damage to the Park arising from any Disaster Related Event in excess of the initial fifty thousand dollars ($50,000) of such costs, provided such costs are amortized in accordance with the procedure for amortizing Capital Replacements above and such costs are divided equally among all Spaces in the Park. Any Disaster Related Event costs passed through to the Homeowners shall be net of any insurance proceeds or disaster grants or assistance received by the Owner for such costs. Owner shall not be entitled to pass through to the Homeowners any Disaster Related Event costs unless the Owner has continued to maintain throughout the term of this MOU the types and amounts of property insurance in effect on the Effective Date, if those types and amounts of property insurance are commercially available throughout the term of this MOU, at the same price in effect on the Effective Date, adjusted each year by the increase in the CPI. If those types and amounts of property insurance are not commercially available throughout the term of this MOU, at the above-described price, Owner reserves the right, in its sole and absolute discretion, to purchase whatever property insurance it deems reasonable for the Park.
Owner shall disclose Owner's property insurance coverage to any Homeowner so requesting, provided however, no Homeowner shall be entitled to such disclosure more than once in any twelve-month period.
f. Requirements applicable to all Pass Throughs.
(1) No Pass Through shall be implemented unless Owner gives the Homeowners at least ninety (90) days written notice of the Pass Through including the calculations that serve as the basis for the Pass Through. The Owner shall also make available for the Homeowners' review at least one set of all documents related to the Pass Through, including bids, contracts, plans and other related documents either at the on-site manager's office and/or the park's clubhouse or community center during normal business hours during the ninety (90) day period following the ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.9
notice of the Pass Through.
(2) Pass Throughs shall be separately itemized in the monthly space rent bills. (3) Pass Throughs are additional Rent and shall be considered rent for purposes of the MRL, including Civil Code Sections 798.30 and 798.31.
7. RENT SUBSIDY PROGRAM FOR LOW INCOME TENANTS.
Owner agrees to implement a safety net program within the Park designed to provide relief from Annual Base Rent Increases and Pass Throughs to Homeowners that, due to financial circumstances, are unable to pay the increased Base Rent or Pass Throughs. The safety net program shall at a minimum provide relief from Annual Base Rent Increases and Pass Throughs to Homeowners pursuant to all of the following terms and conditions:
a. Any Homeowners with (i) a household income equal to or less than twice their monthly rent per month and (ii) less than $60,000 in assets, not including their mobile home or vehicles, shall be eligible to apply for the safety net program.
b. Subject to subsection c. below, qualifying Homeowners may receive a minimum rent credit for the amount of any rent increase that causes their monthly rent, including all Pass Throughs, to exceed one half (1/2) of their household income. For example, if a qualifying Homeowner’s rent is $1,000 per month, and the Annual Base Rent Increase is $50 per month, but the Homeowner’s income is only $1,800 per month, the Homeowner’s Base Rent would be increased to $1,050, but the Homeowner would receive a $50 rent credit, meaning the Homeowner would only pay $1,000.
c. This program is limited to five percent (5%) of all Homeowners in each Park. In the event that more than five percent (5%) of Homeowners qualify in a given Park, then the Mobile Home Park Owner shall have option of providing priority to either (a) those households with the lowest income, or (b) those households who most recently qualified for the rent credit program.
Parkowners may choose to participate in an independent program in which a third party (e.g., MHET) is used to determine household eligibility to the program, and to process program applications.
d. Each individual household must submit an application verifying (a) income and (b) assets of less than $60,000, not including their mobile home or vehicles on a form given out by Mobile Home Park Owners. Each individual household that is accepted for the safety net program shall be required to reapply once every twelve months, such that the Owner can determine whether that household continues to qualify for the program. Participation in the safety net program shall terminate if the qualifying household no longer qualifies, or no longer resides at the Park. e. Items a. through d. are minimum requirements, to assist the neediest Homeowners at each park. Owner is free to establish more generous guidelines but cannot be required to do so.
Owner shall provide the City with information on the Owner's safety net program at the City's request. Nothing herein shall prevent Owner from offering a safety net program that serves ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.10
Homeowners not meeting the qualifications stated herein or provides greater protections to Homeowners.
8. OWNER'S BUSINESS PRACTICES.
Each Owner hereby covenants with the City that the Owner will act in good faith in all the Owner's dealings with the Homeowners in the Park under this MOU. No Owner shall declare a Homeowner's Space abandoned or seek to terminate a Homeowner's tenancy for purposes of obtaining a Base Rent increase or a Pass Through in contravention of this MOU.
9. CONTINUED COMMUNICATION AND UPDATES.
Once each year Owners shall provide the City with a written report calculating any (a) Annual CPI Increases, (b) Capital Improvement Pass Throughs, and/or (c) Tax Property Pass Throughs at their park. The written report shall be detailed enough to determine appropriate rents on each individual space within the Park. That written report shall also address the number of residents participating in the Rent Subsidy Program for Low Income Tenants, including the percentage of spaces participating in the rent subsidy program. The City shall provide the Parkowners with the name, address or other contact information for submission of that written report. An Owner’s failure to comply with this reporting requirement shall be subject to the Resolution of Disputes procedures in paragraph 13 of this MOU.
10. CITY AS ENFORCEMENT AGENCY.
If any Owner fails to comply with the terms of this MOU, the City may initiate an action on behalf of the affected Homeowner or Homeowners to enforce the terms of this MOU. An affected Homeowner may provide written notice of any alleged breach of this Agreement to the Park Owner and copy the City; alternatively, an affected Homeowner may also contact the City directly to seek assistance in enforcing this Agreement.
11. EXCEPTION FROM RENT CONTROL ORDINANCES.
Provided that the Owner is not in material breach of this MOU, and during the period in which this MOU remains in effect, the City shall not enforce or impose the provisions of any City ordinance or regulation, with respect to the amount of rent charged by Owner for occupancy of any mobile home spaces or any City adopted rent stabilization ordinance, within the Park.
The City reserves the right to pass a mobile home rent control ordinance if any Park Owner is not in compliance with this Agreement.
12. COVENANTS RUNNING WITH THE LAND.
The obligations of the Owner contained within this MOU with respect to the Park are covenants running with the land to the benefit of the City and to each present or future Homeowner leasing any Space within the Park during the term of this MOU as an intended third-party beneficiary to this MOU. The parties intend that these covenants touch and concern the Park, and that they ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.11
shall be binding upon the Owner and all successors, heirs, and assigns of the Owner with respect to the Park during the term of this MOU. This executed and notarized MOU shall be recorded in the Official Records of the Sacramento County Recorder's Office with respect to that real property legally described in Exhibit A. The obligations under this MOU and the covenants contained in this MOU shall terminate and cease to exist simultaneously with the termination of this MOU, at which time Owner may take any action allowed by law to remove or otherwise extinguish those covenants. The City shall cooperate in good faith to assist Owner in removing or otherwise extinguishing said covenants, including executing any documents that may be required by the Sacramento County Recorder’s Office to effectuate such a removal and/or extinguishment.
13. RESOLUTION OF DISPUTES.
a. Mediation. In the event any dispute arises between the Owner and City with respect to the enforcement of any provisions of this MOU, or between the Owner and any Homeowner who is an intended third party beneficiary with respect to the interpretation or enforcement of any provisions of this MOU, the party claiming a violation of the MOU shall give written notice to the other party specifying the nature of the dispute, and if the party claiming a violation of the MOU is a Homeowner, the Homeowner shall give written notice to both the Owner and the City.
If the issue raised in the written notice is not corrected within thirty (30) days of such notice, then the Owner and City agree that the parties will first try to resolve the dispute through mediation using a third-party City-provided mediator or neutral hearing officer. The parties shall resolve such dispute through mediation prior to filing any action or lawsuit or seeking judicial relief, unless doing so would cause any action or lawsuit to be barred by any applicable statute of limitations, in which case a protective action may be filed, without prejudice to the continuation of the mediation.
b. Resolution of Disputes Not a Waiver of Rights or Benefits. None of the rights, liabilities, or obligations of the Owner, City, Homeowner, or prospective Homeowner to one another shall be waived, suspended, or delayed pending the recommendations of a mediator, or other person designated to administer and make recommendations under any dispute resolution proceeding of this MOU. For example, the Homeowner remains obligated to pay the amount of any rents due, including the amount in dispute, during any dispute resolution proceeding.
14. GENERAL PROVISIONS.
a. Notices. All notices and other communications required or permitted under this MOU, unless otherwise expressly stated, shall be made in writing and shall be delivered to the party whom addressed by personal service or by deposit in any U.S. mail depositary, first class postage paid, and shall be deemed received: (1) if personally delivered, upon the date of actual receipt by the person to receive such notice, or (2) if mailed, two business days after the date of any proof of deposit in the United States mail. Notices to any Owner shall be given to the address for such Owner listed on Exhibit A. Notices to the City shall be given to the City of Rancho Cordova, 2729 Prospect Park Dr, Rancho Cordova, CA 95670, Attention: City Manager, with a copy of such notice sent to such address to the attention of the City Attorney. The address for delivery of notices may be changed by either party by giving notice to such change to the other party in ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.12
accordance with this paragraph.
b. Complete Agreement. This MOU shall: (1) constitute the parties' entire agreement, (2) merge all prior discussions and negotiations between the parties, and (3) supersede and replace all prior agreements and understandings, whether oral or written, with respect to the subject matter hereof.
c. Amendments. This MOU may not be amended, altered, or modified except by a writing signed by the City and the Owners, unless the amendment, alteration or modification impacts less than all of the Owners, in which case only the impacted Owner or Owners and the City must sign. d. Successors and Assigns. Except as provided in paragraph h below, this MOU shall be binding upon and inure to the benefit of the parties and their prospective successors and assigns. e. Severability. If any portion of this MOU shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining portions of this MOU shall remain in effect and enforceable to the fullest extent permitted by law, if such enforcement would not frustrate the overall intent of the parties as such intent is manifested by all provisions of this MOU. If the MOU or any portion of this MOU is held by a court of competent jurisdiction to be invalid, void, contrary to public policy, ultra-vires, or otherwise unenforceable (collectively, "Impairment") the City shall not be liable to the any Owner, any Homeowner, or any other party in law, equity, or in an action for damages for such Impairment. f. Extension Not a Waiver. The failure by any party or intended third party beneficiary to require strict performance of the obligations of another party to this MOU, or the failure to exercise or delay in the exercise of any power, remedy, or right provided in this MOU or otherwise available to any party or intended third party beneficiary, upon any failure of another party to perform the other party's obligations under this MOU, shall not be deemed a waiver and shall not impair or affect the right of such party or intended third party beneficiary to require strict performance and to exercise the power, remedy, or right on any other or subsequent occasion for the same or any other failure of the other party to perform its obligations under this MOU. g. Applicable Law. This MOU shall be construed in accordance with, and governed by, the law of the State of California. Nothing herein shall preclude any party from challenging any law, on its face, or as applied, on the ground that it violates the state or federal constitution. h. MOU Not Applicable to Resident-owned Parks. The MOU shall not apply to any residentowned park. In the event the ownership of the Park to which this MOU applies is transferred to the residents of the Park, this MOU shall immediately and finally terminate with respect to the Park upon the Effective Date of the transfer of ownership. A "resident-owned" park shall mean a park in which fifty percent (50%) or more of the Spaces are owned by the residents of the park, directly or indirectly, through any means of devices. i. Exhibits. Exhibits A and B are attached hereto and are incorporated herein by this reference. j. Execution in Multiple Counterparts. This MOU may be executed in multiple counterparts and ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.13
becomes binding with respect to the City of Rancho Cordova and each Owner when originally signed by the City Manager of the City of Rancho Cordova and an authorized representative of the Owner and delivered to the City Manager of the City.
k. Enforcement of Rules and Regulations. Nothing in this MOU shall preclude Owner from enforcing the Park's rules and regulations that are not in conflict with this MOU.
Signatures on the following page
5275826.2
ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.14
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
ITEM 16.3. ATTACHMENT 2
RANCHO CORDOVA MOU April 17, 2023 P.15
EXHIBIT B
CAPITAL REPLACEMENTS
ITEM 16.3. ATTACHMENT 2
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.4.
DATE: April 17, 2023
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer
SUBJECT: A RESOLUTION APPROVING THE FINAL MAP OF GRANTLINE 220 UNIT 5, SUBDIVISION NO. FM-2021-004-05, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SUBDIVISION IMPROVEMENT
AGREEMENT CONTRACT NO. 2023-39 WITH LENNAR HOMES OF
CALIFORNIA, LLC, AND FINDING THE ACTION EXEMPT UNDER
CEQA GUIDELINE 15268(B)(3)
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would approve the Final Map of Grantline 220 Unit 5 Subdivision No.
FM-2021-004-05 and Authorize the City Manager to Execute Subdivision Improvement Agreement Contract No. 2023-39 with Lennar Homes of California, LLC.
BACKGROUND
The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act. The City Council approved the Tentative Subdivision Map on June 7, 2021. A copy of the final map, Attachment 3, and copy of the vicinity map, Attachment 4, are included with this report.
Roads are offered for dedication with this subdivision. Lennar Homes of California, LLC has provided a performance and labor and material bond guaranteeing the construction of the public improvements. Wood Rodgers has waived the requirement for a bond to guarantee payment for setting the survey monuments with the subdivision. The soil report requirement has been satisfied by Wallace Kuhl & Associates dated August 4, 2021.
There are no delinquent taxes against the property and the Tax Collector has so certified. The 2022/2023 estimated taxes have been secured with the Sacramento County Tax Collector.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the City.
ATTACHMENT(S)
City Council Staff Report - Page 2 of 2
1. Resolution
2. Contract No. 2023-39
3. Final Map
4. Vicinity Map
ITEM 16.4. ATTACHMENT 1
Resolution No. XX-2023 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, APPROVING THE FINAL MAP OF GRANTLINE 220 UNIT 5 SUBDIVISION NO. FM-2021-004-05, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT CONTRACT NO. 2023-39 WITH LENNAR
HOMES OF CALIFORNIA, LLC AND FINDING THE APPROVAL EXEMPT UNDER CEQA GUIDELINE 15268(B)(3)
WHEREAS, the City Council approved the Tentative Subdivision Map on June 7, 2021, by Resolution No. 91-2021; and
WHEREAS, the map is in substantial compliance with the approved tentative map; and WHEREAS, the conditions of approval have been complied with; and WHEREAS, the map complies with Title 22 of the City of Rancho Cordova municipal code and the California Subdivision Map Act; and
WHEREAS, the approval of final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a subdivision improvement agreement with the developer to ensure necessary public improvements are completed and secured with a bond.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of Grantline 220 Unit 5 Subdivision No. FM-2021-004-05 and does authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2023-39 with Lennar Homes of California, LLC in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda Budge, Mayor
ITEM 16.4. ATTACHMENT 1
Resolution No. XX-2023 Page 2 of 2
Stacy Leitner, CMC
City Clerk
SUBDIVISION IMPROVEMENT AGREEMENT
GRANTLINE 220 UNIT 5 FM-2021-004-05
THIS SUBDIVISION IMPROVEMENT AGREEMENT (hereinafter, "Agreement") entered into this _____ day of ____ � 20_, by and between the City of Rancho Cordova, (hereinafter "City"), a California municipal corporation, and Lennar Homes of California, LLC, a California limited liability company (hereinafter "Principal").
RECITALS
WHEREAS, Section 66462 of the Government Code provides that if the work of improvement required therein is not completed prior to the acceptance of a final subdivision map, the owner of the subdivision may enter into an agreement with the City to perform the work of improvement as required by said sections in consideration of the acceptance of said final subdivision map by the City; and
WHEREAS, Section 66499 of the Government Code requires that said agreement be secured by a surety bond or by an instrument of credit issued by a financial institution subject to regulation by the State or federal governments or by a cash deposit; and WHEREAS, Section 66499.3 establishes the types and amount of security to guarantee the performance of any such improvement agreement; and
WHEREAS, City and Principal desire to enter into an improvement agreement as authorized by the Subdivision Map Act under the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants hereinafter set forth, City and Principal agree as follows:
1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by reference.
2. Findings and Conditions of Subdivision Map. Principal recognizes that approval of its subdivision was subject to the findings and conditions attached to such approval and hereby acknowledges and agrees to be bound by such findings and conditions.
3. City Approval of Subdivision Map. City agrees to approve the final map of the subdivision presented to it by Principal and designated Grantline 220 Unit 5, FM-2021-004-05 and to accept on behalf of the public all lands, rights of way and easements therein offered in dedication, in accordance with the conditions hereinafter set forth.
4. Completion of Improvements. In consideration of such approval, Principal Subdivision Improvement Agreement
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 1 ITEM 16.4. ATTACHMENT 2 Contract No. 2023-39
agrees to complete the work of improvement required for said subdivision in accordance with the requirements of the Rancho Cordova Municipal Code and such standard specifications created by applicable City ordinances or resolutions which are in effect at the time of the installation of said improvements. The work required may lie within or outside the subdivision and must be completed within 24 months of the date of this Agreement.
5. Payment For Services. Principal further agrees to promptly pay, when due, all costs for plan checking, inspection services and material testing performed by City pursuant to the requirements of Sections 12.03.210 et. seq. of the Rancho Cordova Municipal Code.
6. Community Facilities Renovation Fee. Principal acknowledges that under the terms of the Development Agreement by and between The City of Rancho Cordova and Grantline & Chrystanthy 220 Investors, LLC Relative to the Suncreek Project Recorded as Sacramento County Recorder# 20140121 page 1146. Principal is obligated to pay the City a fee in Section 6 of the above Development Agreement per single family lot within the Final Map ("Community Facilities Renovation Fee"). Principal acknowledges and agrees that such fee will be paid prior to the issuance of a building permit for the respective lot.
7. Acceptance of Improvements. Upon satisfactory completion of all public improvements in accordance with standard specifications created by City ordinances or resolutions which are in effect at the time of the installation of said improvements, City agrees to accept for maintenance the work of improvement within the dedicated parcels shown on said final subdivision map, and any off site easements granted, subject to the provisions of paragraph 9 hereof. Acceptance will be postponed until such time the City determines a public purpose exists. Public Purpose is defined as existence of habitable structures within the subdivision.
8. Notice of Commencement of Work. Principal shall notify the City Engineer in writing of the commencement of the work of improvements.
9. Correction of Defects. Principal agrees to remedy any defects in the improvement arising from faulty or defective construction of said improvements occurring within twelve months after acceptance thereof by City.
10. Indemnity. Principal shall indemnify and hold harmless with counsel selected by the City, the City of Rancho Cordova, its agents, officers, consultants, and employees ("City") from any and all loss, damage or liability arising out of or resulting from Principal's performance or non-performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, servants and employees. Principal shall, at his own cost and expense, defend any and all actions, suits, or legal proceedings arising out of or resulting Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and Lennar Homes of California, LLC, ITEM 16.4. ATTACHMENT 2 Contract No. 2023-39
from the performance or nonperformance of this Agreement, that may be brought or instituted against the City, its officers and employees, on any such claim or demand, and pay or satisfy any judgment that may be rendered against the City in any such action, suit or legal proceedings, or result thereof, regardless whether caused in part by a party indemnified hereunder.
11. Extension of Completion Date. If the construction of the work or improvement should be delayed without fault of Principal, the time for completion thereof may be extended by City for such period of time as City may deem reasonable.
12. Improvement Security. (a) Principal shall obtain and furnish to City an improvement security consisting of a surety bond in favor of City, issued by a corporate surety authorized to do business in the State of California, and in form approved by City, securing the faithful performance by Principal of the work of improvement required, and also securing the payment of the costs and interest, if any, due under Sections 12.030.210 et seq. of the Rancho Cordova Municipal Code, as provided in Paragraph 5 herein and an additional bond issued by a corporate surety authorized to do business in the State of California, in the amount of not less than 50 percent of the total estimated cost of the improvement, securing payment to contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement.
(b) In lieu of said corporate surety bonds, Principal may furnish an improvement security consisting of a letter of credit, certificate of deposit, or similar instrument of credit, in form satisfactory to City, issued by a financial institution subject to regulation by the State or Federal government, pledging that the funds necessary to meet the performance required herein are on deposit, and guaranteed for payment on demand. Said letter of credit, certificate of deposit, or similar instrument of credit shall provide that the funds designated therein shall become trust funds for the purposes set forth in said instrument. (c) The failure of Principal to commence the required work of improvements, or to complete the same within the time required after commencement thereof, shall entitle City to the full payment of the security, or so much thereof as may be necessary to complete the required work of improvement. The amount of the surety bond for faithful performance shall be in the sum of $3,042,000.00. The amount of the surety bond for the payment of the claims of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement shall be at least 50 percent of the above amount. The letter of credit, certificate of deposit or similar instrument of credit, or cash deposit for faithful performance, shall be in the above amount plus an additional 50 percent for the purposes set forth herein.
Subdivision Improvement Agreement
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 3 Updated: 10/11 /21
ITEM 16.4. ATTACHMENT 2 Contract No. 2023-39
13. Improvement Security As Condition Precedent. The furnishing of the improvement security by Principal as required by paragraph 12 hereof shall be a condition precedent to acceptance by City of the above described real property and the performance by the City of the covenants herein on its part to be performed.
14. Inspection of Work In Progress. (a) Principal may request The City Engineer to inspect the work as it progresses. If the work performed is found to be in accordance with the requirements of City, it may be accepted as it progresses and a partial refund of the cash deposit, or a release pro tanto of the faithful performance bond, letter of credit, certificate of deposit or similar instrument of credit shall be made in a sum in the same ratio to the total deposit as the work accepted bears to the total work to be done. No refund in excess of 85 percent of the total amount of the improvement security for faithful performance shall be made until all the work has been completed and accepted.
(b) The determination of the Administrator of Public Works of City as to the amount of work done, and the amount of refund or partial release pro tanto, shall be final and conclusive. When the work of improvement is accepted, 10 percent of the improvement security shall be retained to guarantee faithful performance of the provisions of paragraph 9 of this Agreement.
(c) Improvement security given to secure payment to contractor, his subcontractors and to persons renting equipment or furnishing labor or materials for the work of improvement may, six months after completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed, and notice thereof given in writing to City, and if there are no actions filed, such improvement security may be released in full.
15. Execution By Real Party In Interest. Where title to the subdivision property is held by the record owner thereof under a holding Agreement, this Agreement and the bond given pursuant thereto must be executed by the real party or parties in interest.
16. Waiver of Civil Code Section 2819. Any extension of time hereunder shall not operate to release the surety on the bond filed pursuant to this Agreement. In this connection the surety waives the provisions of Section 2819 of the Civil Code of the State of California.
17. City Construction of Improvements. In the event that all or any portion of the works of improvement contemplated herein are proposed to be constructed by street improvement proceedings under the control of City, the undertaking of such proceedings shall in no way relieve Principal of any duties under this Agreement, except where all of the works of improvement that are required under this Agreement have in fact been constructed and accepted by City.
Subdivision Improvement Agreement
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 4 Updated: 10/11 /21
ITEM 16.4. ATTACHMENT 2 Contract No. 2023-39
18. Interest. Interest shall accrue at the highest rate permitted by law on all sums from the date payment is due under the terms of this Agreement and the sum due is certain or reasonably capable of being made certain.
19. Attorneys' Fees. In the event that it is necessary for the City to enforce the obligations secured by the improvement security furnished pursuant to Paragraph 12 hereof, the City shall be entitled to recover its costs and reasonable expenses and fees, including reasonable attorneys' fees, as provided for in Government Code Section 66499.4.
20. Amendments. This Agreement may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by the parties hereto.
21. Entire Agreement. This Agreement and any attachments hereto constitute the sole, final, complete, exclusive and integrated expression and statement of the terms and conditions of this Agreement among the parties hereto concerning the subject matter addressed herein, and supercedes all prior negotiations, representations or agreements, oral or written, that may be related to the subject matter of this Agreement.
22. Construction and Interpretation. It is agreed and acknowledged by the Principal that the provisions of this Agreement have been arrived at through negotiation, and that the Principal has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.
23. Successors and Assigns. This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto.
24. Time. Time is of the essence in the performance of each and every term of this Agreement.
SIGNATURE PAGE FOLLOWING
Subdivision Improvement Agreement
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 5 Updated: 10/11/21
ITEM 16.4. ATTACHMENT 2 Contract No. 2023-39
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
CITY OF RANCHO CORDOVA,
California Municipal Corporation
Micah Runner, City Manager
Date: ------------
ATTEST:
Stacy Leitner, CMC, City Clerk
Subdivision Improvement Agreement
LENNAR HOMES OF CALIFORNIA, LLC.,
a California limited liability company
(as successor-in-interest by conversion to
Lennar Homes of California, Inc., a California
corporation)
LarryGu�
Updated: 10/11/21
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 6 ITEM 16.4. ATTACHMENT 2 Contract No. 2023-39
ITEM 16.4. ATTACHMENT 2
Contract No. 2023-39
ITEM 16.4. ATTACHMENT 2
Contract No. 2023-39
ITEM 16.4. ATTACHMENT 2
Contract No. 2023-39
ITEM 16.4. ATTACHMENT 3
GREENSHANK WAY GREENSHANK CIRCLE
GREENSHANK CIRCLE
SPOTTED WREN WAY
CYPRESS GROVE DRIVE
AMERICANOS BLVD
CHRYSANTHY BLVD
ROSEFINCH WAY
GREENSHANK WAY
ROSEFINCH WAY
SPOTTED WREN
WAY
Sheet of 5 2
BEING ALL OF LOT 5 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 5
SUBDIVISION NO. FM-2021-004-05
APRIL 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
4 NOTES
5 REFERENCES:
BASIS OF BEARINGS
LEGEND
6 3
SEE DETAIL 'A'
ON THIS SHEET
DETAIL 'A'
1"=10'
DETAIL 'B'
1"=10'
ITEM 16.4. ATTACHMENT 3
GREENSHANK WAY ROSEFINCH WAY
AMERICANOS BLVD
± ±
± ± ± ±
± ±
± ±
± ±
± ±
± ±
± ±
± ±
± ±
Sheet of 5 3
BEING ALL OF LOT 5 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 5
SUBDIVISION NO. FM-2021-004-05
APRIL 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SEE DETAIL 'A'
ON SHEET 2
ITEM 16.4. ATTACHMENT 3
GREENSHANK CIRCLE
GREENSHANK CIRCLE
SPOTTED WREN WAY
AMERICANOS BLVD
CHRYSANTHY BLVD
± ±
± ±
± ±
± ±
± ±
± ±
± ±
± ± ± ±
± ± ± ± ± ± ± ± ± ±
± ±
± ± ± ±
± ±
± ± ± ±
± ±
± ± ± ±
± ±
± ±
± ±
± ± GREENSHANK CIRCLEGREENSHANK CIRCLE
Sheet of 5 4
BEING ALL OF LOT 5 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 5
SUBDIVISION NO. FM-2021-004-05
APRIL 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
DETAIL 'A'
1"=5'
SEE DETAIL 'B'
THIS SHEET
DETAIL 'B'
1"=5'
SEE DETAIL 'A'
THIS SHEET
DETAIL 'C'
1"=20'
SEE DETAIL 'C'
THIS SHEET
PE
ITEM 16.4. ATTACHMENT 3
GREENSHANK CIRCLE
CYPRESS GROVE DRIVE
SPOTTED WREN WAY
GREENSHANK CIRCLE
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
±
± ±°
±
±
±
±
± ±
± ±
SPOTTED WREN
WAY
Sheet of 5 5
BEING ALL OF LOT 5 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 5
SUBDIVISION NO. FM-2021-004-05
APRIL 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
DETAIL 'A'
1"=20'
SEE DETAIL 'A'
THIS SHEET
DETAIL 'B'
1"=10'
SEE DETAIL 'B'
THIS SHEET
SEE DETAIL 'B'
ON SHEET 2
SPOTTED WREN WAY
DETAIL - NTS
CHRYSANTHY BOULEVARD
ITEM 16.4. ATTACHMENT 3
ROSEFINCH WAY
CHRYSANTHY BLVD
AMERICANOS BLVD
CANYON CORAL WAY CASTAIC LAKE WAY
DUCKHAWK
CIR
HAWKFIN
CH
CIR
INDIO HILLS ST
LORIKEET WAY
CASTLE CRAG ST
GREENSHANK WAY
WH
TOUCAN CIR
ITE IBIS
WAY
DUCKHAWK
CIR
VICINITY MAP OF
GRANTLINE 220 UNIT 5
SUBDIVISION NO. FM-2021-004-05
¯
0 100 200
Feet
Aerial Photo Date: March 2022
DOUGLAS RD
GRANT LINE RD
RANCHO CORDOVA PKWY
LOCATION MAP
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\GRANTLINE_220_UNIT_5\GRANTLINE_220_UNIT_5.mxd | Date: 2/28/2023 DETAIL
AREA
ITEM 16.4. ATTACHMENT 4
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.5.
DATE: April 17, 2023
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer
SUBJECT: A RESOLUTION APPROVING THE FINAL MAP OF GRANTLINE 220 UNIT 6, SUBDIVISION NO. FM-2021-004-06, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT
AGREEMENT CONTRACT NO. 2023-40 WITH LENNAR HOMES OF
CALIFORNIA, LLC AND FINDING THE ACTION EXEMPT UNDER
CEQA GUIDELINE 15268(B)(3)
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would approve the Final Map of Grantline 220 Unit 6 Subdivision No.
FM-2021-004-06 and authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2023-40 with Lennar Homes of California, LLC.
BACKGROUND
The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act. The City Council approved the Tentative Subdivision Map on June 7, 2021. A copy of the final map, Attachment 3, and copy of the vicinity map, Attachment 4, are included with this report.
Roads are offered for dedication with this subdivision. Lennar Homes of California, LLC has provided a performance and labor and material bond guaranteeing the construction of the public improvements. Wood Rodgers has waived the requirement for a bond to guarantee payment for setting the survey monuments with the subdivision. The soil report requirement has been satisfied by Wallace Kuhl & Associates dated August 4, 2021.
There are no delinquent taxes against the property and the Tax Collector has so certified. The 2022/2023 estimated taxes have been secured with the Sacramento County Tax Collector.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the City.
ATTACHMENT(S)
City Council Staff Report - Page 2 of 2
1. Resolution
2. Contract No. 2023-40
3. Final Map
4. Vicinity Map
ITEM 16.5. ATTACHMENT 1
Resolution No. XX-2023 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, APPROVING THE FINAL MAP OF GRANTLINE 220 UNIT 6 SUBDIVISION NO. FM-2021-004-06, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT CONTRACT NO. 2023-40 WITH LENNAR
HOMES OF CALIFORNIA, LLC AND FINDING THE APPROVAL EXEMPT FROM CEQA UNDER GUIDELINE 15268(B)(3)
WHEREAS, the City Council approved the Tentative Subdivision Map on June 7, 2021, per Resolution No. 91-2021; and
WHEREAS, the map is in substantial compliance with the approved tentative map; and WHEREAS, the conditions of approval have been complied with; and WHEREAS, the map complies with Title 22 of the City of Rancho Cordova municipal code and the California Subdivision Map Act; and
WHEREAS, the approval of final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a subdivision improvement agreement with the developer to ensure necessary public improvements are completed and secured with a bond.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of Grantline 220 Unit 6 Subdivision No. FM-2021-004-06 and does authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2023-40 with Lennar Homes of California, LLC., in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ITEM 16.5. ATTACHMENT 1
Resolution No. XX-2023 Page 2 of 2
ATTEST:
Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
ITEM 16.5.
ATTACHMENT 2
agrees to complete the work of improvement required for said subdivision in accordance with the requirements of the Rancho Cordova Municipal Code and such standard specifications created by applicable City ordinances or resolutions which are in effect at the time of the installation of said improvements. The work required may lie within or outside the subdivision and must be completed within 24 months of the date of this Agreement.
5. Payment For Services. Principal further agrees to promptly pay, when due, all costs for plan checking, inspection services and material testing performed by City pursuant to the requirements of Sections 12.03.210 et. seq. of the Rancho Cordova Municipal Code.
6. Community Facilities Renovation Fee. Principal acknowledges that under the terms of the Development Agreement by and between The City of Rancho Cordova and Grantline & Chrystanthy 220 Investors, LLC Relative to the Suncreek Project Recorded as Sacramento County Recorder# 20140121 page 1146. Principal is obligated to pay the City a fee in Section 6 of the above Development Agreement per single family lot within the Final Map ("Community Facilities Renovation Fee"). Principal acknowledges and agrees that such fee will be paid prior to the issuance of a building permit for the respective lot.
7. Acceptance of Improvements. Upon satisfactory completion of all public improvements in accordance with standard specifications created by City ordinances or resolutions which are in effect at the time of the installation of said improvements, City agrees to accept for maintenance the work of improvement within the dedicated parcels shown on said final subdivision map, and any off site easements granted, subject to the provisions of paragraph 9 hereof. Acceptance will be postponed until such time the City determines a public purpose exists. Public Purpose is defined as existence of habitable structures within the subdivision.
8. Notice of Commencement of Work. Principal shall notify the City Engineer in writing of the commencement of the work of improvements.
9. Correction of Defects. Principal agrees to remedy any defects in the improvement arising from faulty or defective construction of said improvements occurring within twelve months after acceptance thereof by City.
10. Indemnity. Principal shall indemnify and hold harmless with counsel selected by the City, the City of Rancho Cordova, its agents, officers, consultants, and employees ("City") from any and all loss, damage or liability arising out of or resulting from Principal's performance or non-performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, servants and employees. Principal shall, at his own cost and expense, defend any and all actions, suits, or legal proceedings arising out of or resulting Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and Lennar Homes of California, LLC, Contract No. 2023-40
ITEM 16.5.
ATTACHMENT 2
Contract No. 2023-40
from the performance or nonperformance of this Agreement, that may be brought or instituted against the City, its officers and employees, on any such claim or demand, and pay or satisfy any judgment that may be rendered against the City in any such action, suit or legal proceedings, or result thereof, regardless whether caused in part by a party indemnified hereunder.
11. ExteR11ioR of CompletioR Date. If the construction of the work or improvement should be delayed without fault of Principal, the time for completion thereof may be extended by City for such period of time as City may deem reasonable. 1 2.
Improvement Security. (a) Principal shall obtain and furnish to City an improvement security consisting of a surety bond in favor of City, issued by a corporate surety authorized to do business in the State of California, and in form approved by City, securing the faithful performance by Principal of the work of improvement required, and also securing the payment of the costs and interest, if any, due under Sections 12.030.210 et seq. of the Rancho Cordova Municipal Code, as provided in Paragraph 5 herein and an additional bond issued by a corporate surety authorized to do business in the State of California, in the amount of not less than 50 percent of the total estimated cost of the improvement, securing payment to contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement.
(b) In lieu of said corporate surety bonds, Principal may furnish an improvement security consisting of a letter of credit, certificate of deposit, or similar instrument of credit, in form satisfactory to City, issued by a financial institution subject to regulation by the State or Federal government, pledging that the funds necessary to meet the performance required herein are on deposit, and guaranteed for payment on demand. Said letter of credit, certificate of deposit, or similar instrument of credit shall provide that the funds designated therein shall become trust funds for the purposes set forth in said instrument. (c) The failure of Principal to commence the required work of improvements, or to complete the same within the time required after commencement thereof, shall entitle City to the full payment of the security, or so much thereof as may be necessary to complete the required work of improvement. The amount of the surety bond for faithful performance shall be in the sum of $5,258,000.00. The amount of the surety bond for the payment of the claims of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement shall be at least 50 percent of the above amount. The letter of credit, certificate of deposit or similar instrument of credit, or cash deposit for faithful performance, shall be in the above amount plus an additional 50 percent for the purposes set forth herein.
Subdivision Improvement Agreement
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 3 Updated: 10/11 /21
ITEM 16.5.
13. Improvement Security As Condition Precedent. The furnishing of the improvement security by Principal as required by paragraph 12 hereof shall be a condition precedent to acceptance by City of the above described real property and the performance by the City of the covenants herein on its part to be performed.
14. Inspection of Work In Progress. (a) Principal may request The City Engineer to inspect the work as it progresses. If the work performed is found to be in accordance with the requirements of City, it may be accepted as it progresses and a partial refund of the cash deposit, or a release pro tanto of the faithful performance bond, letter of credit, certificate of deposit or similar instrument of credit shall be made in a sum in the same ratio to the total deposit as the work accepted bears to the total work to be done. No refund in excess of 85 percent of the total amount of the improvement security for faithful performance shall be made until all the work has been completed and accepted.
(b) The determination of the Administrator of Public Works of City as to the amount of work done, and the amount of refund or partial release pro tanto, shall be final and conclusive. When the work of improvement is accepted, 10 percent of the improvement security shall be retained to guarantee faithful performance of the provisions of paragraph 9 of this Agreement.
(c) Improvement security given to secure payment to contractor, his subcontractors and to persons renting equipment or furnishing labor or materials for the work of improvement may, six months after completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed, and notice thereof given in writing to City, and if there are no actions filed, such improvement security may be released in full.
15. Execution By Real Party In Interest. Where title to the subdivision property is held by the record owner thereof under a holding Agreement, this Agreement and the bond given pursuant thereto must be executed by the real party or parties in interest.
16. Waiver of Civil Code Section 2819. Any extension of time hereunder shall not operate to release the surety on the bond filed pursuant to this Agreement. In this connection the surety waives the provisions of Section 2819 of the Civil Code of the State of California.
17. City Construction of Improvements. In the event that all or any portion of the works of improvement contemplated herein are proposed to be constructed by street improvement proceedings under the control of City, the undertaking of such proceedings shall in no way relieve Principal of any duties under this Agreement, except where all of the works of improvement that are required under this Agreement have in fact been constructed and accepted by City.
Subdivision Improvement Agreement
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 4 Updated: 10/11 /21
ATTACHMENT 2
Contract No. 2023-40
ITEM 16.5.
18. Interest. Interest shall accrue at the highest rate permitted by law on all sums from the date payment is due under the terms of this Agreement and the sum due is certain or reasonably capable of being made certain.
19. Attorneys' Fees. In the event that it is necessary for the City to enforce the obligations secured by the improvement security furnished pursuant to Paragraph 12 hereof, the City shall be entitled to recover its costs and reasonable expenses and fees, including reasonable attorneys' fees, as provided for in Government Code Section 66499.4.
20. Amendments. This Agreement may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by the parties hereto.
21. Entire Agreement. This Agreement and any attachments hereto constitute the sole, final, complete, exclusive and integrated expression and statement of the terms and conditions of this Agreement among the parties hereto concerning the subject matter addressed herein, and supercedes all prior negotiations, representations or agreements, oral or written, that may be related to the subject matter of this Agreement.
22. Construction and Interpretation. It is agreed and acknowledged by the Principal that the provisions of this Agreement have been arrived at through negotiation, and that the Principal has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.
23. Successors and Assigns. This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto.
24. Time. Time is of the essence in the performance of each and every term of this Agreement.
SIGNATURE PAGE FOLLOWING
Subdivision Improvement Agreement
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 5 Updated: 10/11 /21
I
'
ATTACHMENT 2
Contract No. 2023-40
ITEM 16.5.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
CITY OF RANCHO CORDOVA,
California Municipal Corporation
Micah Runner, City Manager
Date: __________ _
ATTEST:
Stacy Leitner, CMC, City Clerk
Subdivision Improvement Agreement
LENNAR HOMES OF CALIFORNIA, LLC.,
a California limited liability company
(as successor-in-interest by conversion to
Lennar Homes of California, Inc., a California
corporation)
Date: ---'--�_fAtth _\ 4_1, _01.:_�_
Updated: 10/11/21
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 6 ATTACHMENT 2
Contract No. 2023-40
OwNER'S STATEMENT
I •
THE UNDERSIGNED
1 HEREBY CONSENT TO THE PREPARATION AND RECORDING OF
THIS �
-
INAL MAP OFI GRAN:
LINE 220 UNIT 6.
_ ·•---· ·- _ '_ _ , ...
THE HEAL PROPERlli DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:
THE UNDERSIGNED ,HEREBY OFFERS . .,FOR DEDICATION AND DOES HEREBY DEDICATE:
TO ANY AND ALL P,UBLIC [USES, THE PUBLIC ROADS DESIGNATED HEREON AS SPOTTED WREN WA1
, SPOTTED WREN CIRCLE, LORIKEET WAY, AND CROSSBILL WAY
AS SHOWN HEREON, AND DOES HEREBY DEDICATE TO SPECIFIC PURPOSES THE FOLLOWING: I . .. .. . . . . . .. 1. EASEMENTS FO� PLANTING ·AND MAINTAINING TREES, · ELECTROLIERS, TRAFFIC CONTROL DEVICES, WATER AND GAS PIPES, AND UNDERGROUND WIRES AND_
CONDUITS FOR -
iELECTRIC, TELEVISION AND TELEPHONE SERVICES, TOGETHER' WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, ON, · OVER, UNDER AND ACROSS THOSE STRIPS OF LAND 12.50' IN WIDTH, LYING CONTIGUOUS' TO THE PUBLIC STREETS SHOWN HEREON AND DESIGNATED "PUBLIC UTILITY EASEMENT" (PUE).
i
,_,.-... I ,, . ·:• .. .. , ... . ,... . -- .. · ,
.
;
.. :, .. ><•. . • =· .. ,
2. EASEMENTS FOR LANDSCAPING AND ALL APPURTENANCES PERTAINING THERETO
LYING ON
-
• OVER AND ACROSS LOT L SHOWN HEREON AND DESIGNATED I "LANDSCAPING EASEMENT" (LE).
3. RIGHTS OF WAYI AND EASEMENTS FOR INSTALLATION 'AND M.Ai"NTENANCE OF A
PEDESTRIAN WALKWAY, TOGETHER WITH ANY AND ALL APPURTENANCES
PERTAINING THE
1 RETO LYING ON, OVER AND ACROSS LOT L AND THOSE STRIPS OF LA
ND SHOW� HEREON AND DESIGNATED "PEDESTRIAN EASE�
ENT" (PE).
4. AN 'EASEMENT �OR CONSTRUCTING AND MAINTAINING CENTRALIZED MAIL DELIVERY BOXE�, PEDESTALS, AND SLABS, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO _ INCLUDING PEDESTRIAN ACCESS FOR_ DELIVERY AND �ECEIPT OF MAIL ON, OVER, UNDER AND ACROSS STRIPS OF ���:-WE F
EEl IN WID�L
YINGC
ONTIGUOUS TO THE PUBUC STREETS SHOWN
LENNAR HOMES; OF CALIFORNIA, iNC
A CALIFORNIA CORPORATION
_- BY:
- NAME:
TITLE:
...
! I . -1; :: I
NOTARY'S A.CKNOWLEDGM�NT
• I
·
. A NOTARY PUBLIC OR OTHER OFFICER :coMPLETING THIS CERTIFICATE VERIFIES ONLY
THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, . AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. I
STATE OF CALIFORNI� ,,:. r COUNTY OF p Qtt
---1 _a_ DAY OF Mru:rh . _202� BEFORE ME. Jtst·,c:n ::D. ta nz.t\\D, , A NO
_
TARY PUBLIC I� AND FOR SAID COUNTY AND
·s ATE, PERSONALLY APPEARED
. L°''t"j; �u�,c.o
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE
-TO-BE-TH-E PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE
SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY
HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE , ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND
I •
WITNESS MY HAND AND OFFICIAL SEAL: 4�������k��:___
PRINTED NAME: .MJ�.a.:J,l!l!!,<----11L.-:----Lf.l--liat1.J_��IW\-------�--�--------' MY PRINCIPAL PLA,?E OF BU
-
SINESS IS IN r
HE
COUNTY OF: . .t"IOC t.,. :
MY COMMISSION EXPIRES: _.lll.4t1LL�r._.�eµ�l!IIL_--'-_ ___::__::.::._'---'-- MY COMMISSION No.: __......____,L.,tl.�L._-+-------'-----,!.,,-'-. __ _
SURVEYOR'S STATEMENT
: -�-1:.-_,,,:
THIS FINAL MAP OF GRANTLINE 220 UNIT j6 WAS PREPARED BY ME OR UNDER MY
DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP �CT AND LOCAL ORDINANCE AT THE REQUEST OF LENNAR HOMES OF CALIFORNIA, LLC; l,N OCTOBER, 2021. I HEREBY STATE THAT ALL
THE MONUMENTS
_
SHOWN HEREON ARE oFj _
T HE CHARACTER AND occuPY THE POSITl
-
oNs
· INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS BEFORE APRIL 30, 2025
AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
WOOD RODGERS, INC.
ANDREW P. TAPL
P.L.S. 9554
'J /97 /f) Df). '3
DATE
� I '" - .... .
. . . .. .,
CITY ENGINEER'S STATEMENT_
I HEREBY STATE [ THAT I HAVE EXAMINED THIS FINAL
_
MAP OF GRANTLINE 220 UNIT
6 AND FIND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP APPROVED BY THE CITY OF RANCHO CORDOVA, AND ANY APPROVED ALTERATIONS THEREOF;
THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ALL APPLICABLE CITY ORDINANCES HAVE BEEN COMPLIED WITH.
CITY ENGINEER, ALBERT STRICKER, R.C.E. 64057
DATED: �---'--------'--'----
CITY SURVI�YOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP . - SUBDIVISION NO. 2021-004-06, GRANTLINE - 220 UNIT 6 - AND FIND IT TO BE TECHNICALLY CORRECT.
JOCELYN L. LIMAS
PLS 9596
1 .•
EXPIRATION: 3/31/2023
DATE
.CITY CLERK'S STATEMENT.
I HEREBY STATE THAT THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA HAS APPROVED THIS FINAL MAP OF GRANTLINE 220 UNIT 6 AND HAS ACCEPTED ON
BEHALF OF THE PUBLIC ALL EASEMENTS AND RIGHTS-OF-WAY SHOWN HEREON SUBJECT TO COMPLETION OF THE IMPROVEMENTS.
BY: •
---- - · •-----· ,.
CITY_ CLERK
CITY OF RANCHO CORDOVA
DATED:
RECORDER'S stAi'EMENT
FILED THIS ___ __,DAY OF 2023, AT -�- __ _ .M. IN
BOOK ___ OF MAPS, AT PAGE AT THE REQUEST OF WOOD
RODGERS, INC. TITLE TO THE LAND IN_C_L_U-DE
.,...
D
,--
IN THIS FINAL MAP BEING VESTED
AS PER CERTIFICATE NO. ON 'FILE IN THIS OFF.
ICE.
DONNA ALLRED, 'COUNTY RECORDER
COUNTY OF SACl�AMENTO
DOCUMENT NO.: ---'----,'----
BY: -------'-'---'-'--;;;__--'-'---'---- FEE: $ -----'�---'--- DEPUTY RECORDER
FINAL NIAP OF
GRANTLINE 220 UNIT 6
SUBDIVISION NO. FM-2021-004-06
BEING ALL OF LOT 6 OF THAT CERTAIN
URGE LOT FINAL MAP OF GRANTLINE 220
:FILED FOR RECORD IN BOO!( 442 OF MAPS, AT PAGE 13
CI1Y OF RANCHO CORDOVA,
COUNTY OF SACRAivIENTO, STATE OF CALIFORNIA
i
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BUILDING RELATIONSH_IPS ONE PROJECT
E:R:s
AT A TIME
i3301 CST, BLDG.-100-B
! SACRAMENT□, CA 95B 1 6
TEL 916.341.7760
FAX 9 1 6.341 .7767
APRIL2023
Sheet l of 6
1258.019
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ITEM 16.5. ATTACHMENT 3
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Sheet of 6 2
BEING ALL OF LOT 6 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 6
SUBDIVISION NO. FM-2021-004-06
APRIL 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
3 NOTES
4 REFERENCES:
BASIS OF BEARINGS
LEGEND
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ITEM 16.5. ATTACHMENT 3
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CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 6
SUBDIVISION NO. FM-2021-004-06
APRIL 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
CURVE TABLE - THIS SHEET ONLY
NO. RADIUS DELTA LENGTH
C1 30.00' 26°57'15" 14.11'
C2 30.00' 26°57'15" 14.11'
C3 51.00' 11°50'19" 10.54'
SEE DETAIL 'A'
ON THIS SHEET
DETAIL 'A'
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SEE SHEET 4
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ITEM 16.5. ATTACHMENT 3
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CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 6
SUBDIVISION NO. FM-2021-004-06
APRIL 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SEE SHEET 3
SEE SHEET 5
SEE DETAIL 'B'
ON SHEET 5
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ON SHEET 5
ITEM 16.5. ATTACHMENT 3
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FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 6
SUBDIVISION NO. FM-2021-004-06
APRIL 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SEE DETAIL 'A'
ON THIS SHEET
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ITEM 16.5. ATTACHMENT 3
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FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 6
SUBDIVISION NO. FM-2021-004-06
APRIL 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
DETAIL 'A' Sacramento, CA 95816 Fax 916.341.7767
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ON THIS SHEET
SEE SHEET 5
PE
DETAIL 'A-1'
1"=10'
ITEM 16.5. ATTACHMENT 3
CHRYSANTHY BLVD
ROSEFINCH WAY
CASTAIC LAKE WAYGREY OWL WAY
CANYON CORAL WAY
LORIKEET WAY
SILVER MOSS ST
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SUBDIVISION NO. FM-2021-004-06
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DOUGLAS RD GRANT LINE RD
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Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\GRANTLINE_220_UNIT_6\GRANTLINE_220_UNIT_6.mxd | Date: 2/28/2023 DETAIL
AREA
ITEM 16.5. ATTACHMENT 4
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.6.
DATE: April 17, 2023
TO: Honorable Mayor and Council Members
FROM: Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION DECLARING THE CITY'S INTENTION TO IMPOSE
AN ANNUAL STORMWATER UTILITY FEE FOR THE MAINTENANCE
OF STORM DRAINAGE AND FLOOD PROTECTION SYSTEMS FOR
THE NORTH POINT PROJECT
RECOMMENDATION
Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for the North Point project.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would declare the Council’s intention to impose an annual Stormwater Utility Fee for the maintenance of the storm drainage and flood protection system in the North Point project.
BACKGROUND
The Council previously approved the North Point light industrial project with a condition of approval which requires that the property owner fund operation and maintenance of the storm drainage system. This condition will be satisfied by participation in the City’s Stormwater Utility Fee for storm drainage and flood protection services, which is the subject of this action.
Previously, projects were required to annex to the County’s Stormwater Utility. Since the City has taken over drainage maintenance and operations services from the County, it was necessary to establish the Stormwater Utility District to fund drainage services to ensure compliance with new state and federal laws and regulations. The Stormwater Utility Fee was established on September 2, 2014, by Ordinance No. 7-2014.
DISCUSSION
The property owners have submitted a petition and waiver for the City to institute the proceedings to impose the Stormwater Utility Fee (Attachment 5). The North Point project is being annexed into the Stormwater Utility Fee (Attachment 3). The maintenance services to be funded include the furnishing of services and materials for the ordinary and usual operation, maintenance, and servicing of the storm drain and flood protection improvements.
A “Rate Analysis Report” was adopted on August 7, 2014, by Resolution No. 103-2014. The
City Council Staff Report - Page 2 of 2
report calculated the Fiscal Year 2014/2015 maximum annual Stormwater Utility Fee amount for each parcel proportionate to the estimated stormwater runoff for each parcel. The maximum annual fee increases each subsequent Fiscal Year by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the San FranciscoOakland-San Jose areas, published by the United States Department of Labor, Bureau of Labor Statistics. A sample of the Stormwater Utility Fees for Fiscal Year 2022-2023 is provided in Attachment 4.
In accordance with Article XIII D, the “Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Proposed Stormwater Utility Fee” as set forth in Attachment 2 and incorporated herein by reference (the “Procedures”).
The Resolution (Attachment 1) sets the public hearing at 5:30 p.m., or as soon thereafter as possible, on May 1, 2023, as the time and date for a hearing on the matters set forth therein and directs the City Clerk to give notice of the public hearing. Notice of the Public Hearing will be published in the Grapevine Independent as required by law.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the general fund. The annual stormwater utility fees collected are deposited into an enterprise fund specifically for the maintenance of the storm drainage and flood protection system.
ATTACHMENT(S)
1. Resolution
2. Exhibit A to the Resolution
3. Annexation Bounday Map
4. Stormwater Utility Fee- Rate Sheet FY22-23
5. Petition with Waivers
ITEM 16.6. ATTACHMENT 1
Resolution No. XX-2023 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA DESIGNATING A TIME AND PLACE FOR HEARING PROTESTS IN
CONNECTION WITH THE ANNUAL STORMWATER UTILITY FEE FOR THE NORTH POINT
PROJECT
WHEREAS, the Stormwater Utility Fee was established on September 2, 2014 by Ordinance No. 7-2014 to fund services and facilities furnished by the City in connection with its storm drain system. The Proposed Stormwater Utility Fee may be billed through the County Utility Billing Service (CUBS) as part of the consolidated utility bill or may be collected on the County of Sacramento tax roll, commencing in Fiscal Year 2022-2023, in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City in the manner prescribed by Sections 5471 et seq. of the California Health and Safety Code; and
WHEREAS, this Council has caused a written report entitled, "Rate Analysis Report", dated August 7, 2014, (the "Written Report") prepared by Harris & Associates and filed with the City Clerk containing a description of each parcel of real property within the City to which the Proposed Stormwater Utility Fee is applicable collectively, the "Identified Parcels") and the amount of the Proposed Stormwater Utility Fee for each such Identified Parcel for Fiscal Year 2014-15. The Written Report is on file in the office of the City Clerk and is available for public inspection; and
WHEREAS, Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et seq.) (the "Implementation Act") imposes certain procedural and substantive requirements relating to the imposition of propertyrelated fees and charges (as defined in Article XIII D), such as the Proposed Stormwater Utility Fee, including the requirement to conduct a protest hearing and balloting for consideration of the Proposed Stormwater Utility Fee. In accordance with Article XIII D and the Implementation Act, the City Council hereby approves the "Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Proposed Stormwater Utility Fee" as set forth in Exhibit A and incorporated herein by reference (the "Procedures"); and WHEREAS, this Council has received petitions and waivers from the owners of 100% of the area of land proposed to be included in the Proposed Stormwater Utility Fee in which the Petitioner has waived all notices of hearings and all published notices regarding the establishment of the stormwater utility fee, notices of election, and applicable waiting periods.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY
OF RANCHO CORDOVA
1. The foregoing recitals are true and correct and incorporated herein.
2. Notice is hereby given that the City Council designates Monday May 1, 2023, at the hour of 5:30 p.m., in the Council Chambers, City Hall, 2729 Prospect Park Drive, Rancho Cordova, California, as the time and place for a public hearing on the above-described written report and protests or objections to the imposition of the proposed Stormwater Utility Fee. At the abovedescribed public hearing, all interested persons shall be afforded the opportunity to hear and be
ITEM 16.6. ATTACHMENT 1
Resolution No. XX-2023 Page 2 of 2
heard, and the City Council shall consider all protests against the Proposed Stormwater Utility Fee. If written protests against the Stormwater Utility Fee are presented by a majority of owners of the Identified Parcels, the City shall not impose the Proposed Stormwater Utility Fee. In the absence of a majority protest, the City Council may submit the Proposed Stormwater Utility Fee to a vote of the property owners in accordance with Article XIII D of the California Constitution.
3. The City Clerk is hereby authorized and directed to give notice of the above-described public hearing in accordance with law and the Procedures.
4. Reference is hereby made to the Written Report described in Section 2 hereof, which is on file in the office of the City Clerk, for a full and detailed description of the Proposed Stormwater Utility Fee upon parcels of land within the City.
5. The City Council hereby designates Dalia Fadl, Principal Engineer, telephone number, (916) 851-8718 to answer inquiries regarding the public hearing, protest proceedings and procedural or technical matters.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
ITEM 16.6. ATTACHMENT 2
Exhibit A to the Resolution
Page1
EXHIBIT "A"
PROCEDURES FOR THE CONDUCT OF A
PROTEST HEARING AND VOTE RELATING TO A PROPOSED
STORMWATER UTILITY FEE
The following Procedures have been adopted by the City Council of the City of Rancho Cordova for the purpose of conducting a protest hearing required by Article XIII D of the California Constitution for consideration of the imposition of a proposed Stormwater Utility Fee (the "Proposed Stormwater Utility Fee”).
TABLE OF CONTENTS
A. Written Report
B. Notice of the Public Hearing on the Proposed Stormwater Utility Fee C. Eligibility to File a Protest
D. Submission of Written Protests
E. Conduct of the Public Hearing; Determination of A Majority Protest F. Conduct Property Owner Vote; Determination of a Majority Protest
A. Written Report
The City shall cause to be prepared a written report ("Written Report"), which shall contain a list of all parcels to which the Proposed Stormwater Utility Fee will apply (the "Identified Parcels") and the amount of the Proposed Stormwater Utility Fee for each Identified Parcel for Fiscal Year 2020-2021.
The Written Report shall be placed on file in the office of the City Clerk prior to the mailing of the Notice of Public Hearing on the Proposed Stormwater Utility Fee and shall remain available for public inspection.
B. Notice of the Public Hearing on the Proposed Stormwater Utility Fee Notice of the public hearing on the Proposed Stormwater Utility Fee shall be sent, postage prepaid, by first class mail at least forty-five (45) days prior to the date set for the public hearing to the Record Owner of each Identified Parcel. The forty-five (45) day requirement may be waived with the unanimous consent of the property owners.
ITEM 16.6. ATTACHMENT 2
Exhibit A to the Resolution
Page2
"Record Owner" means the owner of an Identified Parcel whose name and address appears on the last acramento County equalized secured property tax assessment roll (the "Assessment Roll"), or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of that entity known to the City.
Notices shall be mailed to the Record Owners of the Identified Parcels, addressed to the names and addresses as they appear on the Assessment Roll, and, in the case of any public entity, the State of California, or the United States, addressed to the public entity at the address of that entity known to the City. In addition, notices shall be mailed to owners of the Identified Parcels, addressed to the names and addresses known to the City Clerk, if different than shown on the Assessment Roll.
Each mailed notice shall contain all of the following:
· A reference to filing of the Written Report;
· A reference to the proposed ordinance imposing the Proposed Stormwater Utility Fee and providing for the collection of the Fee on the County tax roll; · The amount of the Proposed Stormwater Utility Fee to be imposed upon the Identified Parcel covered by the notice;
· The basis upon which the amount of the Proposed Stormwater Utility Fee was calculated; · The reason for the Proposed Stormwater Utility Fee;
· A statement that the Proposed Stormwater Utility Fee may be collected as part of a consolidated utility bill via CUBS or on the County of Sacramento tax roll each year, commencing with Fiscal Year 2021-2022.
· The effect of a majority protest; and
· The date, time and location of a public hearing on the Proposed Stormwater Utility Fee.
The City Clerk, or the designee of the City Clerk, may certify the proper mailing of notices by an affidavit, which shall constitute conclusive proof of mailing in the absence of fraud.
Failure of any person to receive notice shall not invalidate the proceedings.
Notice of the filing of the Written Report and the public hearing shall be published once a week for two successive weeks in the Grapevine Independent, with the first publication at least fourteen (14) days prior to the date of the public hearing, and with at least five (5) days intervening between the first and second publications. The published notice may be waived by unanimous consent of the property owners.
C. Eligibility to File a Protest
The Assessment Roll shall be presumptive evidence of ownership of an Identified Parcel for protest purposes.
ITEM 16.6. ATTACHMENT 2
Exhibit A to the Resolution
Page3
If the owner of any Identified Parcel is not shown on the Assessment Roll, such owner may file a protest for such parcel by filing with the City Clerk a proxy from the Record Owner in a form satisfactory to the City Attorney or evidence of ownership satisfactory to the City Attorney. Any such proxy or evidence must be received by the City Clerk prior to the conclusion of the public hearing.
When an Identified Parcel is held by a partnership, as community property, in joint tenancy, or as a tenancy in common, any partner, spouse, joint tenant, or tenant in common, as the case may be, may file a protest for such parcel.
An executor, administrator, or guardian may file a protest for an Identified Parcel on behalf of the estate it represents. If such representative is shown on the Assessment Roll as paying taxes and assessments levied against the parcel, that fact shall establish the right of such representative to file the protest. If such representative is not shown on the Assessment Roll, the representative must file with the City Clerk written documentation satisfactory to the City Attorney establishing the legal representation. Any such documentation must be filed with the City Clerk prior to the conclusion of the public hearing.
When an Identified Parcel is held by a corporation or unincorporated association, a protest may be filed by any person authorized in writing by the board of directors or trustees or other managing body thereof to take such actions. The corporation or unincorporated association must file with the City Clerk written authorization satisfactory to the City Attorney. Any such written authorization must be filed with the City Clerk prior to the conclusion of the public hearing.
D. Submission of Written Protests
Written protests may be mailed (via U.S. mail) to the City Clerk at City Hall or delivered in person to the City Clerk at City Hall or at the public hearing.
No protests delivered via e-mail will be counted for purposes of determining whether a majority protest exists, but the City Council may, in its discretion, consider such protests in making determinations regarding the Proposed Stormwater Utility Fee Each written protest must identify the property covered by the protest and be signed.
No protest received after the close of the public hearing shall be counted in determining the existence of a majority protest. The last pick up by the City Clerk of protests mailed or delivered to City Hall will occur at 5:30 p.m. on the date scheduled for the public hearing. To ensure that protests which are mailed or delivered to City Hall are received by the City Clerk prior to the close of the public hearing, such protests must be received by the City Clerk at City Hall prior to 5:30 p.m. on the date scheduled for the public hearing. The City Clerk shall endorse on each written protest the date it is filed with the City. The City Clerk shall identify any protests which are received after the close of the public hearing.
Written protests may be withdrawn in writing at any time before the conclusion of the public hearing by the person who submitted the written protest.
For purposes of determining whether a majority protest exists, only one protest for each Identified Parcel will be counted.
ITEM 16.6. ATTACHMENT 2
Exhibit A to the Resolution
Page4
All written protests shall be considered public records.
E. Conduct of the Public Hearing; Determination of a Majority Protest
1. At the time, date and place fixed for the public hearing, the City Council shall:
(i) Conduct a public hearing pertaining to the Proposed Stormwater Utility Fee; (ii) Hear all persons interested in the matter of the Proposed Stormwater Utility Fee; and (iii) Receive all written communications regarding the Proposed Stormwater Utility Fee.
2. The public hearing may be continued from time to time, as the City Council determines is necessary to complete its consideration of the Proposed Stormwater Utility Fee.
3. If the City Council determines at the close of the public hearing that written protests have been presented, and not withdrawn, by a majority of owners of the Identified Parcels (i.e., there is a majority protest), the Proposed Stormwater Utility Fee shall not be approved.
4. If the City Council determines at the close of the public hearing that there is not a majority protest, the City Council may:
(i) Remedy and correct any clerical error in the Written Report or otherwise modify the Written Report; provided that any such modification or correction shall not result in a Proposed Stormwater Utility Fee for any Identified Parcel which is greater than the amount shown in the notice of the public hearing that was mailed to the Record Owner of the Identified Parcel;
(ii) Confirm the Written Report, as originally filed or as amended in accordance with subparagraph (i), above;
(iii) Adopt a resolution calling for a property owner vote regarding the Proposed Stormwater Utility Fee.
F. Conduct Property Owner Vote: Determination of a Majority Consent Pursuant to Government Code Section 53755.S(c), the proceedings described in this section shall not constitute an election or voting for purposes of Article II of the California Constitution or of the Elections Code.
An election on the Proposed Stormwater Utility Fee shall be sent, postage prepaid, by first class mail at least forty-five (45) days prior to the date set for the election to the Record Owner of each Identified Parcel. The forty-five (45) day requirement may be waived with the unanimous consent of the property owners.
Each mailed ballot shall contain all of the following:
• On the face of the envelope in which the notice of election and ballot are mailed, there shall appear in substantially the following form in no smaller than 16-point bold type:
"OFFICIALBALLOT ENCLOSED."
ITEM 16.6. ATTACHMENT 2
Exhibit A to the Resolution
• The ballot shall include the agency's address for return of the ballot, the date and location where the ballots will be tabulated, and a place where the person returning it may indicate his or her name, a reasonable identification of the parcel, and his or her support or opposition to the proposed fee. The ballots shall be tabulated in a location accessible to the public. The ballot shall be in a form that conceals its content once it is sealed by the person submitting it. The ballot shall remain sealed until the ballot tabulation commences.
No ballot received after the time of the ballot tabulation shall be counted in determining the existence of majority consent. The last pick up by the City Clerk of ballots mailed or delivered to City Hall will occur at 1:30 p.m. on the date scheduled for the election. To ensure that ballots which are mailed or delivered to City Hall are received by the City Clerk prior to the commencement of the ballot tabulation, such ballots must be received by the City Clerk at City Hall prior to 5:30 p.m. on the date scheduled for the ballot tabulation. The City Clerk shall endorse on each ballot the date it is filed with the City. The City Clerk shall identify any ballots which are received after the commencement of the ballot tabulation.
An impartial person designated by the City who does not have a vested interest in the outcome of the proposed fee shall tabulate the ballots submitted in support of or opposition to the proposed fee. An impartial person includes, but is not limited to, the City Clerk. If the City uses City personnel for the ballot tabulation, or if the City contracts with a vendor for the ballot tabulation and the vendor or its affiliates participated in the research, design, engineering, public education, or promotion of the fee, the ballots shall be unsealed and tabulated in public view to permit all interested persons to meaningfully monitor the accuracy of the tabulation process.
The ballot tabulation may be continued to a different time or different location accessible to the public, provided that the time and location are announced at the location at which the tabulation commenced and posted by the City in a location accessible to the public. The impartial person may use technological methods to tabulate the ballots, including, but not limited to, punchcard or optically readable (bar-coded) ballots. During and after the tabulation, the ballots and, if applicable, the information used to determine the weight of each ballot, shall be treated as public records, subject to public disclosure and made available for inspection by any interested person. The ballots shall be preserved for a minimum of two years, after which they may be destroyed.
Majority approval of the Record Owners shall exist if the number of valid ballots in favor of the fee exceeds the number of valid ballots in opposition to the fee.
At the time, date and place fixed for the ballot tabulation, the City Council shall direct the City Clerk to commence the ballot tabulation.
If there is no majority approval, the Stormwater Utility Fee shall not be imposed.
If majority approval exists, the City Council may impose the Stormwater Utility Fee pursuant to the Ordinance.
APN
072-4050-022
APN
072-4050-019
APN
072-4050-020
APN
072-4050-021
APN
072-4050-026
APN
072-4050-027
APN
072-4050-018
APN
072-4050-017
APN
072-4050-028
APN
072-4050-029
APN
072-4050-023
APN
072-4050-024
APN
072-4050-025
CITY OF RANCHO CORDOVA
STORMWATER UTILITY FEE AREA
ANNEXATION 38
RANCHO CORDOVA LOGISTICS
CENTER PROJECT
!
Legend
Annexation Boundary
ITEM 16.6. ATTACHMENT 3
ITEM 16.6. ATTACHMENT 4
Stormwater Utility Fee
Sample of the Stormwater Utility Fees for Fiscal Year 2022-2023:
Table 1
Land Use Description
Total Area
(acres) Sample Fee
Single Family Residential (SFR1) 0.16 $143.40
Single Family Residential (SFR2) 0.22 $157.73
Single Family Residential (SFR3) 0.30 $168.51
Single Family Residential (SFR4) 0.40 $179.24
Single Family Residential (SFR5) 1.00 $179.24
Multi-Family Residential (MFR1) 5.00 $1,254.93
Commercial 1.00 $1,344.58
Industrial 1.00 $1,434.24
Schools 5.00 $896.39
Private Recreation 1.00 $448.17
Parks/Greenbelts 2.00 $179.24
Public Property (with structures) 2.00 $537.81
ITEM 16.6. ATTACHMENT 5
ITEM 16.6. ATTACHMENT 5
ITEM 16.6. ATTACHMENT 5
MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 16.7.
DATE: April 17, 2023
TO: Honorable Mayor and Council Members
FROM: Russell Ducharme, Neighborhood Services Manager
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT 2022-207-1 WITH BIO-ONE TO INCREASE
THE CONTRACT AMOUNT FROM $100,000.00 TO AN AMOUNT NOT
TO EXCEED $225,000.00 FOR BIOHAZARD AND NON-BIOHAZARD
CLEAN-UP THROUGHOUT THE CITY
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would amend Contract No. 2022-207-1.
BACKGROUND
Bio-One of Sacramento provides the City of Rancho Cordova with scheduled and on-call biohazard and non-biohazard cleanup. Other duties performed include shopping cart retrieval, trash and debris removal, abatement of illegal dumping, as well as clearing of brush and vegetation. The City originally entered into a General Services Agreement on October 1, 2022 for an amount not to exceed $100,000.00. In January, the city requested Bio-One to expand their services to include Saturday and Sunday coverage. With the increase in services provided, an amendment of $125,000.00 to the original agreement is required. The total amount of the General Services Agreement will be an amount not to exceed $225,000.00 with an expiration date of September 30, 2023.
FISCAL IMPACT AND FUNDING SOURCE
Measure H funds will be used to fund the contract amendment.
ATTACHMENT(S)
1. Resolution
2. First Amendment to the Bio-One Contract
3. Executed Bio-One Contract
ITEM 16.7. ATTACHMENT 1
Resolution No. XX-2023 Page 1 of 1
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA,
STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE CONTRACT WITH BIO-ONE
WHEREAS, the Parties entered into a General Services Agreement (“GSA”) dated October 1, 2022 for the purpose of biohazard and non-biohazard clean-up throughout the City; and
WHEREAS, the GSA provided for a payment to Bio-One in an amount not to exceed $100,000; and
WHEREAS, this Amendment will increase the compensation by $125,000.00 for a total amount not to exceed $225,000; and
WHEREAS, the Parties agree that changes to the term and services provided for in the GSA are necessary in order for the City to continue receiving services by contractor.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes the City Manager to execute the First Amendment to the Contract with Bio-One in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
ITEM 16.7. ATTACHMENT 2
CONTRACT NO. 2022-207-1
First Amendment to General Services Agreement between April 17, 2023 City of Rancho Cordova and Bio-One Page 1 of 2
FIRST AMENDMENT TO THE GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF RANCHO CORDOVA AND
BIO-ONE
This First Amendment to the General Services Agreement (“Amendment”) is made by and between the City of Rancho Cordova (“City”) and Bio-One (“Contractor”) as of April 17, 2023. City and Contractor are hereinafter collectively referred to as the "Parties."
RECITALS
WHEREAS, the Parties entered into a General Services Agreement (“GSA”) dated October 1, 2022 for the purpose of biohazard and non-biohazard clean-up throughout the City; and WHEREAS, this Amendment will increase the compensation by $125,000.00; and WHEREAS, the Parties agree that changes to the term and services provided for in the GSA are necessary in order for the City to continue receiving services by Contractor.
NOW, THEREFORE, the Parties hereto agree as follows:
AGREEMENT
1. Section 4 of the GSA, “Compensation of Contractor,” provides for the City to pay Contractor $100,000.00 The Parties agree to amend Section 4 of the GSA in order to increase the compensation amount to pay Contractor for additional services. The first sentence of Section 4 of the GSA is amended to read as follows:
"The Contractor shall be paid not to exceed Two Hundred Twenty-Five Thousand Dollars ($225,000.00) for performance of the Services pursuant to this Agreement.”
2. All other terms and conditions in the GSA shall remain in full force and effect to the extent they are not in conflict with this Amendment.
3. The signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.
ITEM 16.7. ATTACHMENT 2
CONTRACT NO. 2022-207-1
First Amendment to General Services Agreement between April 17, 2023 City of Rancho Cordova and Bio-One Page 2 of 2
IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.
CITY OF RANCHO CORDOVA CONTRACTOR
____________________________ ______________________________ Micah Runner, City Manager Seth Ramey, Bio-One
Date:__________________ Date:__________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
____________________________
Adam U. Lindgren, City Attorney
Date:__________________
Updated December 14, 2021
1948568.1
ITEM 16.7. ATTACHMENT 3
ITEM 16.7. ATTACHMENT 3
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ITEM 16.7. ATTACHMENT 3
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ITEM 16.7. ATTACHMENT 3
ITEM 16.7. ATTACHMENT 3
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ITEM 16.7. ATTACHMENT 3
MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 17.1.
DATE: April 17, 2023
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer
SUBJECT: A RESOLUTION VACATING A NO INGRESS OR EGRESS RIGHTS LINE PURSUANT TO THE PROVISIONS OF CHAPTER 3, PART 3 OF
PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS
VACATION LAW COMMENCING AT SECTION 8320 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE (3115 GOLD
VALLEY DRIVE)
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would vacate a 42 foot portion of the no ingress or egress rights line located at 3115 Gold Valley Drive.
BACKGROUND
The Rancho Cordova Public Works Department has identified that the new traffic signal to be constructed by the City at Gold Valley Drive and White Rock Road modifies the way the owner uses their frontage and accesses their property at 3115 Gold Valley Drive. The owner requested additional driveway access on White Rock Road to improve overall access to the site which staff agrees to in concept. Staff recommends vacating a 42-foot no ingress or egress rights line which will accommodate the requested driveway, at the appraised value of $2,500.00 paid by the property owner.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the City.
ATTACHMENT(S)
1. Resolution
2. Exhibit A to the Resolution
3. Exhibit B to the Resolution
ITEM 17.1. ATTACHMENT 1
Resolution No. XX-2023 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, VACATING NO INGRESS OR EGRESS RIGHTS LINE PURSUANT TO THE PROVISIONS OF CHAPTER 3, PART 3 OF PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW COMMENCING AT SECTION 8320 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE
WHEREAS, a hearing date was scheduled for a proposed resolution to vacate a portion of a no ingress or egress rights line located at 3115 Gold Valley Drive; and WHEREAS, a notice of the hearing has been posted at City Hall at least two weeks in advance of the hearing; and
WHEREAS, notice of the date, hour and place of hearing of the proposed vacation was published for at least two successive weeks prior to the hearing: and WHEREAS, at least two weeks before the day set for the hearing at least three notices of vacation were conspicuously posted along the easements to be vacated, not more than 300 feet apart; and
WHEREAS, the hearing described above has been conducted, and this Council, having heard and considered all oral, documentary and other evidence presented, hereby finds, determines and orders as follows:
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF RANCHO CORDOVA that the Council hereby finds as follows:
Pursuant to the provisions of Chapter 4, Part 4 of Public Streets, Highways, and Service Easements Vacation Law commencing at Section 8355 of the California Streets and Highways Code, the no ingress or egress rights line is no longer needed by the public. The legislative body will sell the property in the manner, and upon the terms and conditions, approved by the legislative body. The City of Rancho Cordova Department of Public Works has no objection to this vacation.
BE IT FURTHER RESOLVED AND ORDERED THAT:
1. The no ingress or egress rights line located at 3115 Gold Valley Drive and as described in Exhibit A and shown on Exhibit B is hereby vacated.
2. The terms and conditions, approved by the legislative body, is in the form of a purchase/sale agreement. The sale price of the no ingress or egress rights line shall match the appraised value. Per an Appraisal Report prepared by Bender Rosenthal Incorporated dated March 3, 2023, the no ingress or egress rights line is valued at $2,500.
3. Pursuant to Section 8357 of the California Streets and Highways Code, the purchase price for any property sold by the legislative body of a local agency pursuant to this article shall be paid into the treasury of the local agency to the credit of any fund, available for the same
ITEM 17.1. ATTACHMENT 1
Resolution No. XX-2023 Page 2 of 2
purposes for which the property was used, that the legislative body designates.
4. The City Clerk of the City of Rancho Cordova shall cause a certified copy of this Resolution of Vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the Recorder of the County of Sacramento.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
ITEM 17.1. ATTACHMENT 2
Exhibit A to the Resolution
ITEM 17.1. ATTACHMENT 2
Exhibit A to the Resolution
ITEM 17.1. ATTACHMENT 3
Exhibit B to the Resolution
City Council Staff Report – Page 1 of 14
MEMORANDUM
ITEM 18.1.
DATE: April 17, 2023
TO: Honorable Mayor and Council Members
FROM: Nicholas Sosa, Associate Planner
SUBJECT: LOGISTICENTER AT RANCHO CORDOVA MAJOR DESIGN REVIEW – PROJECT NO. PLND-1021-0015
PROPERTY OWNER:
DPML Bear Hollow, LLC
5500 Equity Avenue
Reno, NV 89502
APPLICANT/DEVELOPER:
Dermody Properties
George Condon
5500 Equity Avenue
Reno, NV 89502
PROJECT: Logisticenter at Rancho Cordova – Major Design Review FILE: PLND-1021-0015
LOCATION: Corner of Bear Hollow Drive and N. Mather Boulevard APN: 072-2360-036-0000
PLANNER: Nicholas Sosa, Associate Planner
RECOMMENDATION
There is no Staff recommendation at this time.
On April 3, 2023 City Council made a motion and directed Staff to bring back the Logisticenter project for reconsideration of their March 6, 2023 motion directing staff to prepare a Resolution with findings for denial. Staff will be seeking additional direction from Council regarding the reconsideration, including a decision on the requested motion to reconsider. If the motion to reconsider is approved by the City Council, additional direction on the Project could be made, including possible direction to Staff prepare a Resolution with findings of approval for consideration at the May 15, 2023 Council meeting. Staff also requests direction on a March 20, 2023 demand to cure or correct under government Code 54960.1.
Staff requests that the Council receive additional testimony, potentially close the public hearing, ask any questions, deliberate, and provide staff sufficiently detailed direction to prepare documents for final action at the May 15, 2023 Council Meeting based upon Council’s direction.
FISCAL IMPACT OF POTENTIAL LITIGATION
The impact of potential litigation and an adverse judgement against the City in the magnitude of $100 million from threatened Stone Creek warehouse litigation would significantly alter the City’s financial position and future opportunities for the next 10-20 years. In the near term, the cost of litigation is estimated to be up to $2 million annually. Funding litigation costs of this
City Council Staff Report – Page 2 of 14
magnitude will hinder the City’s ability to grow and expand services to the community in next two-year budget, currently under development.
In order for the City to be able to pay judgements in the range of $100 million, a significant portion of the City’s General Fund budget would have to be redirected to the payment of this obligation over a ten to twenty year period. The magnitude of such payments could exceed $10 million annually depending on payment duration and potential interest costs. This level of General Fund commitment would significantly impact the City’s ability to not only expand, but maintain basic services including:
• Police services, including increasing patrol to meet community growth needs or maintaining the status quo with cost increases
• Technology enhancements for virtual city services resulting in better access and transparency
• Sustaining current levels of service that ensure health and life safety in the community including building services, code enforcement, and animal services • Public Works maintenance efforts, such as street, sidewalk and pothole repair, resulting in potential failing infrastructure
• Maintaining overall staffing levels to meet current service level needs, resulting in reduced service levels
Further, the City’s ability to deliver projects approved or envisioned by the City Council would be severly impacted by the potential cost of litigation and adverse judgement. Specifically, the city would need to prioritize available resources to active projects such as the Mills Crossing Civic Center, which could be delayed by this fiscal impact, slowing revitalization of Folsom Blvd. The city would also be immediately be unable to fund current, historically high priority, projects and requests:
• Rancho Cordova Parkway Interchange and Infrastructure, which will construct a new interchange at U.S. Highway 50 and a connection to White Rock Road to provide access to Anatolia, Rio Del Oro, Westborough, and provide traffic relief to Sunrise Blvd. No flexibility or bonding capacity (including rating impacts) available to expedite the new interchange or other major street projects, creating increasingly worse traffic on Sunrise Boulevard and other main artierial roads.
• Rancho Cordova Little League, the proposed project would overhaul and expand the City’s existing little league complex at Ahlstrom Park with the ability to include a Junior Field co-located at Ahlstrom Park. The potential fiscal impact will limit the amount of funding available and timing of delivery of this $18+ million project. • Mine Shaft Proposal, which is the proposed expansion of this community-focused facility, losing a new community amenity that could provide event and performance space that is not currently available in Rancho Cordova. • Rise Up Theater Company, a proposed capital and operating investment to construct a 99 seat live theatre by a grassroots theatre company in Rancho Cordova that would provide the community access to ongoing live theatre.
• Jobs & Talent Program (CHIPs Act), funding that would attract new corporate investment and take advantage of Solidigm and other companies using CHIPs Act funding resulting in less high wage jobs in Rancho Cordova.
The city would also be unable to move forward with potential short-term community investment projects (3-5 Years), including:
City Council Staff Report – Page 3 of 14
• The MACC, Phase II, which would include facility improvements to expand the art/culture opportunities in Rancho Cordova.
• Youth Center, Phase II, would build capacity on property adjacent to current Youth Center to provide additional activities and serve more youth in the community. • Food Locker project, which would assist in the relocation and expansion of the Food Locker, limiting the number of residents that can be served who need food. • Sacramento Children’s Museum Improvements which include facility modifications to enhance the existing facility and expand programming.
• Veterans’ Hall/Museum/Resource Center at the former Mather Air Force base, which would build a new facility to serve the Veteran community. • New City Library, which would not have any local funding available to expedite the construction of a new library in Rancho Cordova.
The city would not have the financial capacity to pursue or support opportunity projects, such as:
• Hospital
• Entertainment Center/District
• Indoor Track Facility
• Professional Sports Team
• Data Center Acquisition
• New Children’s Museum
BROWN ACT CURE
During the direction on the Project on March 6, 2023 the Mayor clarified that the effect was to provide Staff direction to prepare findings of denial for consideration at a future City Council meeting, not to take any final action on the Project. The City received an email on March 20, 2023 claiming that this violated the Brown Act. The City believes that there was no Brown Act violation. Without any admission, this agenda item, including the scheduled motion to reconsider would correct and cure the alleged violation consistent with the Brown Act and the email of March 20, 2023. The City Attorney will provide additional assistance on this matter immediately following the reconsideration.
MAJOR DESIGN REVIEW
Project Description
The Applicant submitted an application on October 25, 2021, for a 155,040 square foot shell building called Logisticenter at Rancho Cordova which includes a loading dock area, commercial parking, and additional site improvements located at the intersection of Bear Hollow Drive and N. Mather Boulevard. The project site is zoned Business and Professional Office (BP) within the Zinfandel Special Planning Area (VOZSPA) and is surrounded by other office and industrial zones as shown in Figure 1 and listed in Table 1 below.
City Council Staff Report – Page 4 of 14
Figure 1: Project Location
Table 1: Surrounding Designations and Existing Uses
Location Existing Use
General Plan
Designation Zoning Designation
Subject Site Undeveloped lot
Office Mixed Use
(OMU)
Business Professional Zinfandel
Special Planning Area (BP
VOZSPA)
Northwest
California Military
Department Consolidated
Headquarters
Office Mixed Use
(OMU)
Business Professional Zinfandel
Special Planning Area (BP
VOZSPA)
Northeast Undeveloped Lot
Office Mixed Use
(OMU)
Business Professional Zinfandel
Special Planning Area (BP
VOZSPA)
South
Mather Air Force Base
(County) / Detention Basin
Airport (County) /
Open Space
Mather Airport (County) and Open
Space Zinfandel Special Planning
Area (O VOZSPA)
General Plan Consistency
The project site is located within the Office Mixed Use (OMU) designation of the City’s General Plan. The General Plan compares the OMU designation to zoning designations such as Office Professional Mixed Use (OPMU) and Office Industrial Mixed Use (OIMU) within the City’s Municipal Code. The proposed shell industrial building would be consistent with structures and uses allowed within the OIMU and compatible with future buildings within the same General Plan designation.
Zoning Consistency
The project is located within the Villages of Zinfandel Special Planning Area (VOZSPA) and is zoned Business and Professional Office (BP) which is consistent with the above OMU General
City Council Staff Report – Page 5 of 14
Plan designation. The BP zone refers to the allowable uses and standards provided within the commercial land use table within the Sacramento County Zoning Code and includes uses allowed within the BP designation as well as the MP land use designation. The proposed project has been submitted as a shell industrial building and therefore has been considered to be “wholesaling and warehousing” at this time which is allowed by right at this location. Future tenants outside of wholesaling and warehousing will require additional review to determine if the use is allowable by right or if an additional use permit is required.
Site Design
The proposed project includes a 155,040 square foot building oriented with frontage along N.
Mather Boulevard and side frontage along Bear Hollow Drive. This orientation allows for a significant landscape buffer along N. Mather and at the intersection of the two public right of ways. This orientation also minimizes the visibility of the loading dock area for vehicles traveling on N. Mather Boulevard, which is an elevated path of travel, as it places the dock area and commercial vehicle parking behind the building out of the public right of ways line of site (See Figure 2).
Figure 2: Proposed Site Plan
The site provides a total of 3 access points to the property, one along N. Mather and two along Bear Hollow, and provides a total of 98 standard parking spaces along the front entrance which is adequate for 155,040 square feet of warehouse use within this zoning designation (0.5 spaces / 1,000 SF). The site also provides 32 commercial vehicle spaces in the rear of the building within the loading dock area. The main truck route will be through the Bear Hollow
City Council Staff Report – Page 6 of 14
entrance to the north which also includes a 12-foot screening wall and gate that will be closed outside of business hours.
Building Design
The project proposes a flat roof concrete building built at a 40-foot maximum height. The design includes two main entrances with tower features and storefront facades, highlighted by additional second story glass windows, canopies and variation in color and materials. The front and side elevations also provide an accent gray color with highlights of blue and windows to help create visual interest along such a large expansive façade. The rear elevation is less visible from the public right of way as it includes the loading dock area complete with 29 roll up doors, however this façade continues to provide an accent gray color as well as additional highlights of blue (See Figure 3 to Figure 6 for building elevations). All elevations provide parapet variations ranging from 40 feet to 37 feet through the façade to relieve the façade of long linear rooflines and the help break up large blank walls.
Figure 3: Propose Building Elevations
The applicant has provided elevations and renderings that portray the design elevations that are detailed in the above section as well as a detailed image of the proposed landscaping at time of installation and 6-10 years from now. These renderings can be seen in Figures 4-6 below.
City Council Staff Report – Page 7 of 14
Figure 4: Visibility from N. Mather Blvd & Bear Hollow Drive Figure 5: Visibility at Southeast Corner Close Up
Building Rendering with Landscaping at Install
Building Rendering with Landscaping at 6-10 Years
Building Rendering with Landscaping at Install
City Council Staff Report – Page 8 of 14
Figure 6: Visibility from Bear Hollow Drive
Building Rendering with Landscaping at 6-10 Years
Building Rendering with Landscaping at Install
City Council Staff Report – Page 9 of 14
Site Landscaping
The project already includes a 12-foot screen wall at this location, however, rather than increase the height of the wall even higher and creating additional massing, the project proposed a more natural landscape screening of trees and shrubs that would minimize visibility of the truck area in the rear at approximately 10 years in the future. Concerns were raised in regard to the size of the landscaping and the time that would be required for the landscaping to complete its intended purpose of screening the loading dock area and commercial truck parking area at the north end of the property. To prioritize the screening effect of the landscaping and ensure the screening takes place as soon as possible, the Applicant has modified the proposed species of the trees and has also increased the initial proposed sizes of the trees and density of the plantings to speed up the screening ability of the landscaping. See Figure 7 for tree sizing and location and Figure 8 for colored landscape plan.
Building Rendering with Landscaping at 6-10 Years
City Council Staff Report – Page 10 of 14
Figure 7: Landscape Tree Size Map
Figure 8: Colored Landscape Plan
City Council Staff Report – Page 11 of 14
The Applicant has worked with the City’s Arborist to determine the best species of trees as well as the most appropriate number of trees throughout the site that would result with the desired outcome while still maintaining the necessary growth spacing and separation.
There is a total of thirty-six, 48-inch box trees placed strategically in areas that would require the most screening such as along public rights of way and the existing bike trail to the southwest of the site. Other proposed trees include twenty-eight, 36-inch box trees and one-hundred fortyone, 24-inch box trees. These trees have been added in areas that are unable to accommodate a 48-inch box tree and areas that would increase the overall density of the landscaping to provide a thorough screening. In speaking with the City Arborist, the proposed density of trees shown in Figure 7 would be the maximum that the site would be able to accommodate with minimal overcrowding of canopies. Overcrowding can lead to several future concerns that could hinder the performance of the tree. The City’s Arborist has listed a few of those potential issues below.
• Trees planted too close together can result in narrow misshapen canopies with weak branching and poorly tapered trunks as the trees are not receiving enough sunlight.
Long-term survival is much less likely for weakened trees • There is more competition for available water and nutrients and many of the trees are likely to grow slower and possibly fail to thrive.
• Overcrowded trees are more prone to pests and diseases. Poor air circulation from crowded canopies favors fungal diseases such as powdery mildew. Aphid and mite infestations are also common in crowded conditions. The 23 proposed London Plane trees are very susceptible to all of these pests and diseases. During the building permit process, staff will work with the landscape architect to replace London Plane tree with a comparable tree less susceptible to pests and disease.
The diagram shown in Figure 7 portrays the largest possible trees on-site as well as the largest number of trees possible (a total of 205, most of which are evergreen) without overcrowding the site. The Applicant has also provided updated renderings showing what the proposed landscaping would look like at installation as well as 10 years into the future (See Figures 4 through 6)
Traffic Improvements
Trip generation for this site is estimated by KD Anderson & Associates to be 217 to 755 trips per day depending on the ultimate use of the site. Peak hours are estimated to be up to 115 trips in the morning hour and 101 trips in the afternoon hour. Of the daily trips, it is estimated that 34 to 93 will be trucks.
The site is conditioned and designed to direct truck trips to US-50 via two routes:
• North Mather to Zinfandel Drive then US-50.
• North Mather to Mather, Femoyer, International, Mather Field Road then US-50.
In their existing state, traffic on these routes is generally free flowing except during peak hours in the vicinity of interchanges (approaching freeway 50 north of White Rock on Zinfandel, and north of Rockingham on Mather Field). Congestion in the vicinity of urban interchanges is common in the region and state.
City Council Staff Report – Page 12 of 14
Light industrial uses generate less trips than office/residential/retail use and their trips are spread throughout the day (trip generation from light industrial is about 50% of that generated by office). Therefore, warehouse/light industrial uses contribute less to congestion than other uses. Additional traffic from the proposed project is not projected to significantly change the level of service on these roads in the short or long term. And the estimated trip generations are consistent with assumptions of the Villages of Zinfandel Special Planning Area.
Truck traffic results in greater wear on roads compared to passenger vehicle traffic. The project is conditioned to annex into the City’s community facilities district for street and lighting maintenance, including a load factor to account for truck trips. The estimated tax for fair-share street and lighting maintenance at this site is approximately $10,500 per year.
Design elements incorporated into the project include an angled driveway that directs trucks south on Bear Hollow directly to North Mather. And the project is conditioned to construct bulbouts at the intersection of Bear Hollow with Air Park, Robola and Auvernat. The proposed bulbouts will narrow the road resulting in further deterrent to trucks driving this corridor, reduced speeds for all vehicles, and greater protection for pedestrians.
In addition to the site-specific analysis, staff analyzed the assumptions of the 2002 environmental impact report relative to current traffic models and development that has occurred through 2022. Staff findings are that the actual development being realized for existing, proposed, and planned developments in the SPA is lower than what was identified in 2002 planning documents. Roadways were planned and built to accommodate traffic based on the projections in 2002. With the lower regional, area, and project specific trip generations, it is expected that there will be sufficient roadway capacity. The interchanges with US 50 have existing peak hour congestion which is expected to continue into the future. These changes in realized development are lessening the expected future deficiencies at interchanges relative to projections in the 2002 environmental impact report.
General Plan Consistency
The project site is located within the Office Mixed Use (OMU) designation of the City’s General Plan. The General Plan compares the OMU designation to zoning designations such as Office Professional Mixed Use (OPMU) and Office Industrial Mixed Use (OIMU) within the City’s Municipal Code. The proposed shell industrial building would be consistent with structures and uses allowed within the OIMU and compatible with future buildings within the same General Plan designation.
Zoning Consistency
The project is located within the Villages of Zinfandel Special Planning Area (VOZSPA) and is zoned Business and Professional Office (BP) which is consistent with the above OMU General Plan designation. The BP zone refers to the allowable uses and standards provided within the commercial land use table within the Sacramento County Zoning Code and includes uses allowed within the BP designation as well as the MP land use designation. The proposed project has been submitted as a shell industrial building and therefore has been considered to be “wholesaling and warehousing” at this time which is allowed by right at this location. Future tenants outside of wholesaling and warehousing will require additional review to determine if the use is allowable by right or if an additional use permit is required.
City Council Staff Report – Page 13 of 14
ENVIRONMENTAL
The Logisticenter at Rancho Cordova Major Design Review is exempt from CEQA review under CEQA State Guidelines Section 15183. This exempts from CEQA projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report (EIR) was certified, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site and which were not addressed as significant effects in the prior EIR, or which substantial new information shows will be more significant than described in the prior EIR.
The project is located within the Villages of Zinfandel Special Planning Area (VOZSPA). An EIR was certified by the Sacramento County Board of Supervisors in 1998 for the VOZSPA.
Additionally, a Supplemental EIR was prepared and certified by the Sacramento County Board of Supervisors in 2002 for the plan area.
The Logisticenter at Rancho Cordova Major Design Review involves development of a 155,040 square foot industrial shell building with parking and loading docks. The development also includes landscaping, drainage, and required screening/fencing for a loading dock area. The business and professional park (BP) site was identified in the Villages of Zinfandel Special Planning Area EIR and uses contemplated within the BP designation include those uses listed in the Sacramento County Zoning Code under the BP and MP (Industrial Office Park) use tables located in Chapter 25 and Chapter 30. Warehousing is a permitted by right use as listed in Table IV I.3.
Additional supplemental technical studies were prepared to further support that no additional project related impacts would occur as a result of the proposed project. These technical studies include additional traffic analysis, as well as a noise study. The traffic analysis results were summarized under the Traffic Improvements section of the December 5, 2022 staff report. The noise study that was completed concluded that noise levels associated with the project generated on-site operations would satisfy the General Plan noise criteria at the nearest existing residential uses. This is due in part to existing solid noise barriers in the vicinity, as well as overall on-site operational practices.
As this Major Design Review is consistent with the Special Planning Area and the environmental documentation prepared for the Special Planning Area, it is exempt from CEQA review. So long as the project does not have any project-specific significant effects peculiar to the Major Design Review and not identified in the previous environmental documentation, the project is exempt and no additional environmental document pursuant to CEQA is required.
The project applicant is requesting approval of a Major Design Review for the proposed project.
Additionally, under CEQA, the City lacks the discretion under the Major Design Review approval process to consider environmental effects not related to the design of the Project, including, but not limited to human health impacts from toxic air contaminants, greenhouse gas emissions, and impacts of biological resources.
RECOMMENDED MOTIONS
Upon conclusion of the presentation and public testimony, City Council could do one of the following:
1. Motion to reconsider March 6, 2023 direction and alleged action.
2. Direct staff to return at a later City Council meeting with final action documents.
City Council Staff Report – Page 14 of 14
3. Direct the applicant to make additional modifications to the proposed project.
ATTACHMENT(S)
1. Project Plans
2. Presentation
3. Miller Starr Regalia Letter dated March 20, 2023
4. Law offices of Gloria D. Smith letter dated March 30, 2023
LOGISTIC CENTER AT
RANCHO CORDOVA
RANCHO CORDOVA, CA
CONCEPTUAL DESIGN
SNR21-0064-00
10.03.2022
TOTAL PAGES IN THIS PACKAGE: 12
ITEM 18.1. ATTACHMENT 1
PAGE 2 LOGISTIC CENTER AT RANCHO CORDOVA 10.03.2022
RANCHO CORDOVA, CA- SNR21-0064-00
CONCEPTUAL SITE PLAN This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
ITEM 18.1. ATTACHMENT 1
PAGE 3 LOGISTIC CENTER AT RANCHO CORDOVA 10.03.2022
RANCHO CORDOVA, CA- SNR21-0064-00
N. MATHER BLVD - LANDSCAPING @INSTALL This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
ITEM 18.1. ATTACHMENT 1
PAGE 4 LOGISTIC CENTER AT RANCHO CORDOVA 10.03.2022
RANCHO CORDOVA, CA- SNR21-0064-00
N. MATHER BLVD - LANDSCPING @6 - 10 YEARS This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
ITEM 18.1. ATTACHMENT 1
PAGE 5 LOGISTIC CENTER AT RANCHO CORDOVA 10.03.2022
RANCHO CORDOVA, CA- SNR21-0064-00
SOUTHEAST CORNER CLOSE UP - LANDSCAPING @INSTALL This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
ITEM 18.1. ATTACHMENT 1
PAGE 6 LOGISTIC CENTER AT RANCHO CORDOVA 10.03.2022
RANCHO CORDOVA, CA- SNR21-0064-00
SOUTHEAST CORNER CLOSE UP - LANDSCAPING @6 - 10 YEARS This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
ITEM 18.1. ATTACHMENT 1
Revised Bear Hollow Rendering
ITEM 18.1. ATTACHMENT 1
Final Bear Hollow Drive Rendering
ITEM 18.1. ATTACHMENT 1
Bear Hollow Drive
ITEM 18.1. ATTACHMENT 1
ITEM 18.1. ATTACHMENT 1
ITEM 18.1. ATTACHMENT 1
ITEM 18.1. ATTACHMENT 1
48"
48"
48"
48"
48"
48"
48"
48"
48"
L2
0 25 50 100
CONCEPTUAL PLANTING PLAN
FC
BA
21155
LOGISTICENTER AT
BEAR HOLLOW DRIVE
RANCHO CORDOVA, CA 95670
DATE REMARKS
architecture
planninginteriors
graphics
civil engineering
4683 Chabot Dr #300
Pleasanton, CA 94588P 925.244.9620F 925.244.9621
JOB NO.:
DRAWN BY.:
PA/PM:
SHEET
GS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT 12-14-2021 PLANNING SUBMITTAL RANCHO CORDOVA Use of the plans and specifications contained
herein shall be restricted to the original site for
which they were prepared; publication thereof is
expressly limited to such use. Reproduction,
publication, or reuse by any method, in whole or
in part, without the express written consent of ima
is prohibited. Title to said plans remains the sole
property of ima; visual contact shall constitute
acceptance of these restrictions.
SIGNATURE
DATE01-21-2022 2ND PLANNING SUBMITTAL
05-04-2022 CITY COUNCIL REVISIONS
LANDSCAPE AREA: 148,193 S.F.
PROJECT TYPE: PRIVATE
WATER SOURCE: POTABLE
PERCENTAGE OF EVERGREEN TREES: 74%
BIO-RETENTION BASINS LEGEND - SUNSET ZONE 14
SYMBOLS SIZE SPACING QTY.
BACCHARIS PILULARIS
6' W X 1' H
6' W X 2' H
5' O.C.
CAREX DIVULSA 24" O.C. 2' W X 2' H
ARCTOSTAPHYLOS DENSIFLORA
'HOWARD MCMINN'
5 GAL. 6' O.C. 42 6' W X 6' H
247
107
974
ACACIA REDOLENS 'DESERT CARPET'
ROSMARINUS OFFICINALIS
'HUNTINGTON CARPET'
GROUNDCOVER LEGEND - SUNSET ZONE 14
SYMBOLS SIZE SPACING QTY.
1 GAL. 5' O.C. 6' W X 1' H
1 GAL. 6' O.C. 6' W X 2' H
3946
233
SHRUB LEGEND - SUNSET ZONE 14
SIZE SPACING QTY.
MYRTUS COMMUNIS 'COMPACTA' 5 GAL. 36" O.C. 3' W X 3' H
DIETES IRIDIOIDES 5 GAL. 30" O.C. 2' W X 2' H
RHAMNUS CALIFORNICA 5 GAL. PER PLAN 6' W X 10' H
SYMBOLS
PRUNUS CAROLINIANA 'BRIGHT N TIGHT' 5 GAL. 6' W X 10' H 3482
1201
168
8 BOTANIC NAME
FORTNIGHT LILY
DWARF MYRTLE
CAROLINA LAUREL
CHERRY
CALIFORNIA
COFFEEBERRY
COMMON NAME WUCOLS
WUCOLS
HUNTINGTON CARPET
ROSEMARY
BOTANIC NAME COMMON NAME
BOTANIC NAME COMMON NAME WUCOLS
DESERT CARPET
ACACIA
MCMINN MANZANITA
COYOTE BUSH
EUROPEAN GREY
SEDGE
LOW
LOW
LOW
LOW
LOW
LOW
MODERATE
SUMMARY DATA
MATURE SIZE
MATURE SIZE
MATURE SIZE
6' O.C.
6' O.C.
LOW
1 GAL.
1 GAL.
1 GAL.
LOW
LOW
ACACIA REDOLENS 'DESERT CARPET'
DESERT CARPET
ACACIA
TREE LEGEND - SUNSET ZONE 14
SYMBOLS SIZE SPACING QTY. REMARKS
LAGERSTROEMIA INDICA 'NATCHEZ' 48" BOX PER PLAN DECIDUOUS,
MULTI-TRUNK
LAURUS NOBILIS 24" BOX EVERGREEN,
LOW
BRANCHING
CEDRUS DEODARA 36" BOX
5 OLEA EUROPAEA 'SWAN HILL' 48" BOX EVERGREEN,
STANDARD
WUCOLS
LOW
VERY LOW
BOTANIC NAME COMMON NAME
NATCHEZ CRAPE MYRTLE
SWEET BAY
SOUTHERN LIVE OAK
DEODAR CEDAR
SWAN HILL OLIVE
48" BOX
LOW
41 18
14 4
LOW
ULMUS PARVIFOLIA 'TRUE GREEN' TRUE GREEN CHINESE ELM 24" BOX 10
QUERCUS VIRGINIANA
EVERGREEN,
STANDARD
EVERGREEN,
STANDARD
DECIDUOUS,
STANDARD
LOW
MODERATE
PER PLAN
PER PLAN
PER PLAN
PER PLAN
PER PLAN
ARBUTUS 'MARINA' MARINA STRAWBERRY TREE 24" BOX 22 EVERGREEN, LOW
BRANCHING
PER PLAN LOW
MATURE SIZE
20' W X 25' H
25' W X 40' H
35' W X 50' H
20' W X 12' H
60' W X 70' H
40' W X 50' H
35' W X 40' H
PLATANUS ACERIFOLIA LONDON PLANE 24" BOX 23 DECIDUOUS,
STANDARD
PER PLAN MODERATE 50' W X 80' H
CALOCEDRUS DECURRENS PER PLAN EVERGREEN,
STANDARD
CALIFORNIA INCENSE CEDAR 36" BOX 14 MODERATE 15' W X 50' H PISTACIA CHINENSIS CHINESE PISTACHE 24" BOX 15 DECIDUOUS,
STANDARD
PER PLAN LOW 30' W X 35' H
15 GAL. PER PLAN 183 MODERATE 6' W X 10' H
HETEROMELES ARBUTIFOLIA TOYON 24" BOX 30 EVERGREEN,
STANDARD
PER PLAN VERY LOW 15' W X 20' H
RHAMNUS CALIFORNICA CALIFORNIA
COFFEEBERRY
48" BOX 9
BIO-RETENTION
BASIN PLANTING
SHRUB AND GROUNDCOVER
PLANTING, TYP.
BIO-RETENTION
BASIN PLANTING
SHRUB AND GROUNDCOVER
PLANTING, TYP.
SHRUB AND GROUNDCOVER
PLANTING, TYP.
CONCRETE PAVING
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
SCREENING FENCE
ENLARGEMENT A
SHEET L-4
NOTES:
1. OVER 30% OF PROPOSED TREES ARE REQUIRED TO BE EVERGREEN
2. ROOT BARRIERS ARE REQUIRED FOR ALL TREES PLANTED WITHIN 10' OF PAVING OR HARDSCAPE.
3. MINIMUM 3" DEPTH BARK MULCH IN ALL LANDSCAPE PLANTERS.
4. APPLY PRE-EMERGENT IN ALL NON-SEEDED LANDSCAPE AREAS.
5. INSTALL A WEED CONTROL LAYER IN ALL BARK AND/OR ROCK AREAS (AS APPLICABLE).
SIGHT TRIANGLE, TYP.
PLANTED DWARF ROSEMARY
20'
20'
SIGHT TRIANGLE, TYP.
PLANTED DWARF ROSEMARY
GATE
20'
20'
BIO-RETENTION
BASIN PLANTING
SIGHT TRIANGLE, TYP.
PLANTED DWARF ROSEMARY
20'
20'
20'
20'
20'
20'
20'
20'
TREE BOX SIZE DIAGRAM LEGEND
COLOR QTY.
141
SIZE
48" BOX
24" BOX
36" BOX 28
36 TOTAL
PERCENTAGE
69%
14%
17%
48"
48"
48"
48"
48"
48"
48"
48"
48"
L2
0 25 50 100
CONCEPTUAL PLANTING PLAN
FC
BA
21155
LOGISTICENTER AT
BEAR HOLLOW DRIVE
DATE REMARKS
architecture
planninginteriors
graphics
civil engineering
4683 Chabot Dr #300
Pleasanton, CA 94588
JOB NO.:
DRAWN BY.:
PA/PM:
SHEET
WINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED
12-14-2021 PLANNING SUBMITTAL RANCHO CORDOVA
Use of the plans and specifications co
herein shall be restricted to the origina
which they were prepared; publication
expressly limited to such use. Reprod
publication, or reuse by any method, i
in part, without the express written con
is prohibited. Title to said plans remain
property of ima; visual contact shall co
acceptance of these restrictions.
SIGNATURE
DATE01-21-2022 2ND PLANNING SUBMITTAL
05-04-2022 CITY COUNCIL REVISIONS
LANDSCAPE AREA: 148,193 S.F.
PROJECT TYPE: PRIVATE
WATER SOURCE: POTABLE
PERCENTAGE OF EVERGREEN TREES: 74%
BIO-RETENTION BASINS LEGEND - SUNSET ZONE 14
SYMBOLS SIZE SPACING QTY.
BACCHARIS PILULARIS
6' W X 1' H
6' W X 2' H
5' O.C.
CAREX DIVULSA 24" O.C. 2' W X 2' H
ARCTOSTAPHYLOS DENSIFLORA
'HOWARD MCMINN'
5 GAL. 6' O.C. 42 6' W X 6' H
247
107
974
ACACIA REDOLENS 'DESERT CARPET'
ROSMARINUS OFFICINALIS
'HUNTINGTON CARPET'
GROUNDCOVER LEGEND - SUNSET ZONE 14
SYMBOLS SIZE SPACING QTY.
1 GAL. 5' O.C. 6' W X 1' H
1 GAL. 6' O.C. 6' W X 2' H
3946
233
SHRUB LEGEND - SUNSET ZONE 14
SIZE SPACING QTY.
MYRTUS COMMUNIS 'COMPACTA' 5 GAL. 36" O.C. 3' W X 3' H
DIETES IRIDIOIDES 5 GAL. 30" O.C. 2' W X 2' H
RHAMNUS CALIFORNICA 5 GAL. PER PLAN 6' W X 10' H
SYMBOLS
PRUNUS CAROLINIANA 'BRIGHT N TIGHT' 5 GAL. 6' W X 10' H 3482
1201
168
8 BOTANIC NAME
FORTNIGHT LILY
DWARF MYRTLE
CAROLINA LAUREL
CHERRY
CALIFORNIA
COFFEEBERRY
COMMON NAME WUCOLS
WUCOLS
HUNTINGTON CARPET
ROSEMARY
BOTANIC NAME COMMON NAME
BOTANIC NAME COMMON NAME WUCOLS
DESERT CARPET
ACACIA
MCMINN MANZANITA
COYOTE BUSH
EUROPEAN GREY
SEDGE
LOW
LOW
LOW
LOW
LOW
LOW
MODERATE
SUMMARY DATA
MATURE SIZE
MATURE SIZE
MATURE SIZE
6' O.C.
6' O.C.
LOW
1 GAL.
1 GAL.
1 GAL.
LOW
LOW
ACACIA REDOLENS 'DESERT CARPET'
DESERT CARPET
ACACIA
TREE LEGEND - SUNSET ZONE 14
SYMBOLS SIZE SPACING QTY. REMARKS
LAGERSTROEMIA INDICA 'NATCHEZ' 48" BOX PER PLAN DECIDUOUS,
MULTI-TRUNK
LAURUS NOBILIS 24" BOX EVERGREEN,
LOW
BRANCHING
CEDRUS DEODARA 36" BOX
5 OLEA EUROPAEA 'SWAN HILL' 48" BOX EVERGREEN,
STANDARD
WUCOLS
LOW
VERY LOW
BOTANIC NAME COMMON NAME
NATCHEZ CRAPE MYRTLE
SWEET BAY
SOUTHERN LIVE OAK
DEODAR CEDAR
SWAN HILL OLIVE
48" BOX
LOW
41 18
14 4
LOW
ULMUS PARVIFOLIA 'TRUE GREEN' TRUE GREEN CHINESE ELM 24" BOX 10
QUERCUS VIRGINIANA
EVERGREEN,
STANDARD
EVERGREEN,
STANDARD
DECIDUOUS,
STANDARD
LOW
MODERATE
PER PLAN
PER PLAN
PER PLAN
PER PLAN
PER PLAN
ARBUTUS 'MARINA' MARINA STRAWBERRY TREE 24" BOX 22 EVERGREEN, LOW
BRANCHING
PER PLAN LOW
MATURE SIZE
20' W X 25' H
25' W X 40' H
35' W X 50' H
20' W X 12' H
60' W X 70' H
40' W X 50' H
35' W X 40' H
PLATANUS ACERIFOLIA LONDON PLANE 24" BOX 23 DECIDUOUS,
STANDARD
PER PLAN MODERATE 50' W X 80' H
CALOCEDRUS DECURRENS PER PLAN EVERGREEN,
STANDARD
CALIFORNIA INCENSE CEDAR 36" BOX 14 MODERATE 15' W X 50' H PISTACIA CHINENSIS CHINESE PISTACHE 24" BOX 15 DECIDUOUS,
STANDARD
PER PLAN LOW 30' W X 35' H
15 GAL. PER PLAN 183 MODERATE 6' W X 10' H
HETEROMELES ARBUTIFOLIA TOYON 24" BOX 30 EVERGREEN,
STANDARD
PER PLAN VERY LOW 15' W X 20' H
RHAMNUS CALIFORNICA CALIFORNIA
COFFEEBERRY
48" BOX 9
BIO-RETENTION
BASIN PLANTING
SHRUB AND GROUNDCOVER
PLANTING, TYP.
BIO-RETENTION
BASIN PLANTING
SHRUB AND GROUNDCOVER
PLANTING, TYP.
SHRUB AND GROUNDCOVER
PLANTING, TYP.
CONCRETE PAVING
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
SCREENING FENCE
ENLARGEMENT A
SHEET L-4
NOTES:
1. OVER 30% OF PROPOSED TREES ARE REQUIRED TO BE EVERGREEN
2. ROOT BARRIERS ARE REQUIRED FOR ALL TREES PLANTED WITHIN 10' OF PAVING OR HARDSCAPE.
3. MINIMUM 3" DEPTH BARK MULCH IN ALL LANDSCAPE PLANTERS.
4. APPLY PRE-EMERGENT IN ALL NON-SEEDED LANDSCAPE AREAS.
5. INSTALL A WEED CONTROL LAYER IN ALL BARK AND/OR ROCK AREAS (AS APPLICABLE).
SIGHT TRIANGLE, TYP.
PLANTED DWARF ROSEMARY
20'
20'
SIGHT TRIANGLE, TYP.
PLANTED DWARF ROSEMARY
GATE
20'
20'
BIO-RETENTION
BASIN PLANTING
SIGHT TRIANGLE, TYP.
PLANTED DWARF ROSEMARY
20'
20'
20'
20'
20'
20'
20'
20'
TREE BOX SIZE DIAGRAM LEGEND
COLOR QTY.
141
SIZE
48" BOX
24" BOX
36" BOX 28
36 TOTAL
PERCENTAGE
69%
14%
17%
TOTAL
205
LANDSCAPE AREA: 148,193 S.F.
PROJECT TYPE: PRIVATE
WATER SOURCE: POTABLE
PERCENTAGE OF EVERGREEN TREES: 74%
Q
BACCHARIS PILULARIS
6' W X 1' H
6' W X 2' H
5' O.C.
CAREX DIVULSA 24" O.C. 2' W X 2' H
ARCTOSTAPHYLOS DENSIFLORA
'HOWARD MCMINN'
5 GAL. 6' O.C. 42 6' W X 6' H
247
107
974
DESERT CARPET
ACACIA
MCMINN MANZANITA
COYOTE BUSH
EUROPEAN GREY
SEDGE
LOW
LOW
SUMMARY DATA
6' O.C.
1 GAL.
1 GAL.
1 GAL.
LOW
LOW
ACACIA REDOLENS 'DESERT CARPET'
BIO-RETENTION
BASIN PLANTING
S
P
PROPERTY LINE
ENLARGEMENT A
SHEET L-4
NOTES:
1. OVER 30% OF PROPOSED TREES ARE REQUIRED TO BE EVERGREEN
2. ROOT BARRIERS ARE REQUIRED FOR ALL TREES PLANTED WITHIN 10' OF PAVING OR HARDSCAPE.
3. MINIMUM 3" DEPTH BARK MULCH IN ALL LANDSCAPE PLANTERS.
4. APPLY PRE-EMERGENT IN ALL NON-SEEDED LANDSCAPE AREAS.
5. INSTALL A WEED CONTROL LAYER IN ALL BARK AND/OR ROCK AREAS (AS APPLICABLE). 20'
TREE BOX SIZE DIAGRAM LEGEND
COLOR QTY.
141
SIZE
48" BOX
24" BOX
36" BOX 28
36 TOTAL
PERCENTAGE
69%
14%
17%
TOTAL: 205
48"
48"
48"
48"
48"
48"
48"
48"
48"
CONCEPTUAL PLANTING PLAN
FC
BA
21155
LOGISTICENTER AT
BEAR HOLLOW DRIVE
RANCHO CORDOVA, CA 95670
DATE REMARKS
architecture
planninginteriors
graphics
civil engineering
4683 Chabot Dr #300
Pleasanton, CA 94588P 925.244.9620F 925.244.9621
JOB NO.:
DRAWN BY.:
PA/PM:
SHEET
ND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT 12-14-2021 PLANNING SUBMITTAL RANCHO CORDOVA Use of the plans and specifications contained
herein shall be restricted to the original site for
which they were prepared; publication thereof is
expressly limited to such use. Reproduction,
publication, or reuse by any method, in whole or
in part, without the express written consent of ima
is prohibited. Title to said plans remains the sole
property of ima; visual contact shall constitute
acceptance of these restrictions.
SIGNATURE
DATE01-21-2022 2ND PLANNING SUBMITTAL
05-04-2022 CITY COUNCIL REVISIONS
LANDSCAPE AREA: 148,193 S.F.
PROJECT TYPE: PRIVATE
WATER SOURCE: POTABLE
PERCENTAGE OF EVERGREEN TREES: 74%
BIO-RETENTION BASINS LEGEND - SUNSET ZONE 14
SYMBOLS SIZE SPACING QTY.
BACCHARIS PILULARIS
6' W X 1' H
6' W X 2' H
5' O.C.
CAREX DIVULSA 24" O.C. 2' W X 2' H
ARCTOSTAPHYLOS DENSIFLORA
'HOWARD MCMINN'
5 GAL. 6' O.C. 42 6' W X 6' H
247
107
974
ACACIA REDOLENS 'DESERT CARPET'
ROSMARINUS OFFICINALIS
'HUNTINGTON CARPET'
GROUNDCOVER LEGEND - SUNSET ZONE 14
SYMBOLS SIZE SPACING QTY.
1 GAL. 5' O.C. 6' W X 1' H
1 GAL. 6' O.C. 6' W X 2' H
3946
233
SHRUB LEGEND - SUNSET ZONE 14
SIZE SPACING QTY.
MYRTUS COMMUNIS 'COMPACTA' 5 GAL. 36" O.C. 3' W X 3' H
DIETES IRIDIOIDES 5 GAL. 30" O.C. 2' W X 2' H
RHAMNUS CALIFORNICA 5 GAL. PER PLAN 6' W X 10' H
SYMBOLS
PRUNUS CAROLINIANA 'BRIGHT N TIGHT' 5 GAL. 6' W X 10' H 3482
1201
168
8 BOTANIC NAME
FORTNIGHT LILY
DWARF MYRTLE
CAROLINA LAUREL
CHERRY
CALIFORNIA
COFFEEBERRY
COMMON NAME WUCOLS
WUCOLS
HUNTINGTON CARPET
ROSEMARY
BOTANIC NAME COMMON NAME
BOTANIC NAME COMMON NAME WUCOLS
DESERT CARPET
ACACIA
MCMINN MANZANITA
COYOTE BUSH
EUROPEAN GREY
SEDGE
LOW
LOW
LOW
LOW
LOW
LOW
MODERATE
SUMMARY DATA
MATURE SIZE
MATURE SIZE
MATURE SIZE
6' O.C.
6' O.C.
LOW
1 GAL.
1 GAL.
1 GAL.
LOW
LOW
ACACIA REDOLENS 'DESERT CARPET'
DESERT CARPET
ACACIA
TREE LEGEND - SUNSET ZONE 14
SYMBOLS SIZE SPACING QTY. REMARKS
LAGERSTROEMIA INDICA 'NATCHEZ' 48" BOX PER PLAN DECIDUOUS,
MULTI-TRUNK
LAURUS NOBILIS 24" BOX EVERGREEN,
LOW
BRANCHING
CEDRUS DEODARA 36" BOX
5 OLEA EUROPAEA 'SWAN HILL' 48" BOX EVERGREEN,
STANDARD
WUCOLS
LOW
VERY LOW
BOTANIC NAME COMMON NAME
NATCHEZ CRAPE MYRTLE
SWEET BAY
SOUTHERN LIVE OAK
DEODAR CEDAR
SWAN HILL OLIVE
48" BOX
LOW
41 18
14 4
LOW
ULMUS PARVIFOLIA 'TRUE GREEN' TRUE GREEN CHINESE ELM 24" BOX 10
QUERCUS VIRGINIANA
EVERGREEN,
STANDARD
EVERGREEN,
STANDARD
DECIDUOUS,
STANDARD
LOW
MODERATE
PER PLAN
PER PLAN
PER PLAN
PER PLAN
PER PLAN
ARBUTUS 'MARINA' MARINA STRAWBERRY TREE 24" BOX 22 EVERGREEN, LOW
BRANCHING
PER PLAN LOW
MATURE SIZE
20' W X 25' H
25' W X 40' H
35' W X 50' H
20' W X 12' H
60' W X 70' H
40' W X 50' H
35' W X 40' H
PLATANUS ACERIFOLIA LONDON PLANE 24" BOX 23 DECIDUOUS,
STANDARD
PER PLAN MODERATE 50' W X 80' H
CALOCEDRUS DECURRENS PER PLAN EVERGREEN,
STANDARD
CALIFORNIA INCENSE CEDAR 36" BOX 14 MODERATE 15' W X 50' H PISTACIA CHINENSIS CHINESE PISTACHE 24" BOX 15 DECIDUOUS,
STANDARD
PER PLAN LOW 30' W X 35' H
15 GAL. PER PLAN 183 MODERATE 6' W X 10' H
HETEROMELES ARBUTIFOLIA TOYON 24" BOX 30 EVERGREEN,
STANDARD
PER PLAN VERY LOW 15' W X 20' H
RHAMNUS CALIFORNICA CALIFORNIA
COFFEEBERRY
48" BOX 9
BIO-RETENTION
BASIN PLANTING
SHRUB AND GROUNDCOVER
PLANTING, TYP.
BIO-RETENTION
BASIN PLANTING
SHRUB AND GROUNDCOVER
PLANTING, TYP.
SHRUB AND GROUNDCOVER
PLANTING, TYP.
CONCRETE PAVING
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
SCREENING FENCE
ENLARGEMENT A
SHEET L-4
NOTES:
1. OVER 30% OF PROPOSED TREES ARE REQUIRED TO BE EVERGREEN
2. ROOT BARRIERS ARE REQUIRED FOR ALL TREES PLANTED WITHIN 10' OF PAVING OR HARDSCAPE.
3. MINIMUM 3" DEPTH BARK MULCH IN ALL LANDSCAPE PLANTERS.
4. APPLY PRE-EMERGENT IN ALL NON-SEEDED LANDSCAPE AREAS.
5. INSTALL A WEED CONTROL LAYER IN ALL BARK AND/OR ROCK AREAS (AS APPLICABLE).
SIGHT TRIANGLE, TYP.
PLANTED DWARF ROSEMARY
20'
20'
SIGHT TRIANGLE, TYP.
PLANTED DWARF ROSEMARY
GATE
20'
20'
BIO-RETENTION
BASIN PLANTING
SIGHT TRIANGLE, TYP.
PLANTED DWARF ROSEMARY
20'
20'
20'
20'
20'
20'
20'
20'
TREE BOX SIZE DIAGRAM LEGEND
COLOR QTY.
141
SIZE
48" BOX
24" BOX
36" BOX 28
36 TOTAL
PERCENTAGE
69%
14%
17%
PAGE
11 LOGISTIC CENTER AT RANCHO CORDOVA 10.03.2022
RANCHO CORDOVA, CA- SNR21-0064-00
ENHANCED LANDSCAPE SCREENING @N.MATHER & BEAR HOLLOW
SCALE: NTS
This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
ITEM 18.1. ATTACHMENT 1
PAGE
12 LOGISTIC CENTER AT RANCHO CORDOVA 10.03.2022
RANCHO CORDOVA, CA- SNR21-0064-00
SITE PHOTOMETRICS
SCALE: NTS
This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
ITEM 18.1. ATTACHMENT 1
Updated Site Plan
ITEM 18.1. ATTACHMENT 1
Previous Landscaping Plan Current Landscaping Plan
Final Submittal
Box Size Number of trees Diameter of all
trees combined % Increase
24 141 3384 -10%
36 28 1008
48 36 1728 20%
205 6120 18%
First Submittal
Box Size Number of trees Diameter of all
trees combined
24 157 3768
36 0 0
48 30 1440
187 5208
ITEM 18.1. ATTACHMENT 1
PAGE 9 LOGISTIC CENTER AT RANCHO CORDOVA 05.04.2022
RANCHO CORDOVA, CA- SNR21-0064-00
FUTURE LANDSCAPING This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
2.0 TRUCK TURNING DIAGRAMS - BEAR HOLLOW TRUCK COURT ENTRANCE APPROACH FROM BEAR HOLLOW DRIVE - LANDSCAPING @ 10 YEARS 08 . 05 . 2022 11
TRUCK TURN MOVEMENT - NORTHBOUND INGRESS NO LEFT TURN SIGN TRUCK TURN MOVEMENT - SOUTHBOUND INGRESS
TURN MOVEMENT DOES
NOT WORK FOR TRUCK
ENTERING SITE COMING
SOUTHBOUND
NO LEFT TURN SIGN
10 . 03 . 2022 13
ITEM 18.1. ATTACHMENT 1
PAGE 9 LOGISTIC CENTER AT RANCHO CORDOVA 05.04.2022
RANCHO CORDOVA, CA- SNR21-0064-00
FUTURE LANDSCAPING This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
2.0 TRUCK TURNING DIAGRAMS - BEAR HOLLOW TRUCK COURT ENTRANCE APPROACH FROM BEAR HOLLOW DRIVE - LANDSCAPING @ 10 YEARS 08 . 05 . 2022 12 TRUCK TURN MOVEMENT - NORTHBOUND EGRESS TRUCK TURN MOVEMENT - SOUTHBOUND EGRESS NO LEFT TURN SIGN
TURN MOVEMENT DOES
NOT WORK FOR TRUCK
LEAVING THE SITE
GOING NORTHBOUND
NO LEFT TURN SIGN
10 . 03 . 2022 14
ITEM 18.1. ATTACHMENT 1
Environmental Noise Assessment
Logistic Center
Rancho Cordova, California
BAC Job # 2021-192
Prepared For:
DPML Bear Hollow, LLC.
Prepared By:
Bollard Acoustical Consultants, Inc.
Dario Gotchet, Principal Consultant
January 26, 2022
Attn: Shelagh Danna
5500 Equity Avenue
Reno, NV 89502
Bollard Acoustical Consultants, Inc. ● P.O. Box 7968, Auburn, CA. 95604 ● Phone: (530) 537-2328 ● bacnoise.com ITEM 18.1. ATTACHMENT 1
Bollard Acoustical Consultants, Inc. (BAC)
Environmental Noise Assessment
Logistic Center – Rancho Cordova, California
Introduction
The Logistic Center is located north of Mather Boulevard and west of Bear Hollow Drive in the City of Rancho Cordova, California. The project consists of the development of an industrial building (approximately 155,000 ft2) containing warehouse and office uses, and associated parking. The location of the project site with aerial imagery is shown in Figure 1. The project conceptual site plan is presented as Figure 2.
Due to the potential for elevated project-generated on-site operations noise levels at nearby residential uses, Bollard Acoustical Consultants, Inc. (BAC) was retained to prepare this noise assessment. Specifically, the purposes of this assessment are to quantify noise levels associated with project on-site industrial operations, to assess the state of compliance of those noise levels with applicable City of Rancho Cordova noise standards, and if necessary, to recommend measures to reduce those noise levels to acceptable limits.
Noise Fundamentals and Terminology
Noise is often described as unwanted sound. Sound is defined as any pressure variation in air that the human ear can detect. If the pressure variations occur frequently enough (at least 20 times per second), they can be heard, and thus are called sound. Measuring sound directly in terms of pressure would require a very large and awkward range of numbers. To avoid this, the decibel scale was devised. The decibel scale allows a million-fold increase in pressure to be expressed as 120 dB. Another useful aspect of the decibel scale is that changes in levels (dB) correspond closely to human perception of relative loudness. Appendix A contains definitions of Acoustical Terminology. Figure 3 shows common noise levels associated with various sources.
The perceived loudness of sounds is dependent upon many factors, including sound pressure level and frequency content. However, within the usual range of environmental noise levels, perception of loudness is relatively predictable, and can be approximated by weighing the frequency response of a sound level meter by means of the standardized A-weighing network.
There is a strong correlation between A-weighted sound levels (expressed as dBA) and community response to noise. For this reason, the A-weighted sound level has become the standard tool of environmental noise assessment. All noise levels reported in this section are in terms of A-weighted levels in decibels.
Community noise is commonly described in terms of the “ambient” noise level, which is defined as the all-encompassing noise level associated with a given noise environment. A common statistical tool to measure the ambient noise level is the average, or equivalent, sound level (Leq) over a given time period (usually one hour). The Leq is the foundation of the Day-Night Average Level noise descriptor, Ldn or DNL, and shows very good correlation with community response to noise.
ITEM 18.1. ATTACHMENT 1
Legend
0 500 Figure 1
Scale (Feet)
250
Logistic Center
Rancho Cordova, California
Project Area
Project Boundary (Approximate)
Long-term Noise Measurement Location
1 2
3 # Existing Residential Uses
Existing Solid Noise Barriers
ITEM 18.1. ATTACHMENT 1
Legend
0 200 Figure 2
Scale (Feet)
100
Logistic Center
Rancho Cordova, California
Conceptual Site Plan
On-Site Truck Circulation Route
Truck Trailer Parking Areas
Truck Loading Docks
ITEM 18.1. ATTACHMENT 1
Bollard Acoustical Consultants, Inc. (BAC)
Environmental Noise Assessment
Logistic Center – Rancho Cordova, California
Figure 3
Noise Levels Associated with Common Noise Sources
DNL is based upon the average noise level over a 24-hour day, with a +10-decibel weighting applied to noise occurring during nighttime (10:00 p.m. to 7:00 a.m.) hours. The nighttime penalty is based upon the assumption that people react to nighttime noise exposures as though they were twice as loud as daytime exposures. Because DNL represents a 24-hour average, it tends to disguise short-term variations in the noise environment. DNL-based noise standards are commonly used to assess noise impacts associated with traffic, railroad, and aircraft noise sources.
ITEM 18.1. ATTACHMENT 1
Bollard Acoustical Consultants, Inc. (BAC)
Environmental Noise Assessment
Logistic Center – Rancho Cordova, California
Criteria for Acceptable Noise Exposure
Rancho Cordova General Plan
Policies N.1.1 through N.1.4 of the Rancho Cordova Noise Element specifically pertain to noise generated by non-transportation noise sources, such as those associated with project on-site operations. Those policies, and the corresponding actions which are applied to those policies, are provided below:
Policy N.1.1 Establish standards and policies consistent with those in Tables N-1 and N-2 to govern maximum sound levels in new development.
Action N.1.2.1 – Adopt a Noise Ordinance with noise level performance standards, including maximum allowable noise exposure, ambient versus nuisance noise, method of measuring noise, and enforcement procedures.
Policy N.1.2 Ensure that the indoor and outdoor areas of new projects will be located, constructed, and shielded from noise sources in compliance with the City’s noise standards to the maximum extent feasible.
Action N.1.2.1 – Require new development of noise-creating uses to conform with the City’s maximum noise levels.
Action N.1.2.2 – Require an acoustical analysis as part of the environmental review process when noise-sensitive land uses are proposed in areas where current or projected exterior noise levels exceed the City’s standards.
Action N.1.2.3 – Require any potential noise impacts identified during the acoustical analysis to be mitigated in the project design to the maximum extent feasible.
Policy N.1.3 Ensure that proposed non-residential land uses likely to exceed the City’s standards do not create noise disturbances in existing noise-sensitive areas.
Action N.1.3.1 - Require an acoustical analysis as part of the environmental review process when proposed non-residential land uses are likely to produce noise levels that exceed the City’s noise standards. The acoustical analysis must be prepared by a qualified person experienced in environmental noise assessment and architectural acoustics and must estimate existing and projected cumulative noise levels and compare those levels to the policies within this Element.
Action N.1.3.2 - Require any noise impacts identified in the acoustical analysis to be mitigated in conjunction with the project design.
Policy N.1.4 Mitigate noise created by proposed non-transportation noise sources to comply with the City’s noise standards to the maximum extent feasible.
ITEM 18.1. ATTACHMENT 1
Bollard Acoustical Consultants, Inc. (BAC)
Environmental Noise Assessment
Logistic Center – Rancho Cordova, California
Action N.1.4.2 – Consider restricting the hours of operation of loading docks, trash compactors, and other noise-producing uses in commercial areas that are adjacent to residential uses.
The City’s non-transportation noise level performance standards referenced in these policies are provided in Table N-1 of the Noise Element. That table is reproduced in this report below as Table 1.
Table 1
Noise Level Performance Standards For New Projects Affected by or Including Non-Transportation Noise Sources1
Stationary Noise Source
Noise Level
Descriptor
Daytime
7 a.m. to 10 p.m.
Nighttime
10 p.m. to 7 a.m.
Typical Hourly Leq, dB 55 45
Tonal, Impulsive, Repetitive, or
Consist Primarily of Speech or Music Hourly Leq, dB 50 40 1 The City may impose noise level standards which are more or less restrictive than those specified above based upon determination of existing low or high ambient noise levels.
Source: Rancho Cordova General Plan Noise Element, Table N-1.
Existing Ambient Noise Environment within the Project Vicinity The existing ambient noise environment within the project vicinity is defined primarily by traffic on N. Mather Boulevard, Bear Hollow Drive and Airpark Drive, and by aircraft operations associated with Mather Airport to the south. To generally quantify the existing ambient noise environment within the project vicinity, BAC conducted a long-term (48-hour) noise level survey from December 8-9, 2021. Photographs of the noise survey location are provided as Appendix B.
A Larson-Davis Laboratories (LDL) Model 820 precision integrating sound level meter was used to complete the noise level measurement survey. The meter was calibrated immediately before use with an LDL Model CAL200 acoustical calibrator to ensure the accuracy off the measurements. The equipment used meets all pertinent specifications of the American National Standards Institute for Type 1 sound level meters (ANSI S1.4).
The long-term ambient noise level survey results are summarized in Table 2. The detailed results of the ambient noise survey are contained in Appendix C in tabular format and graphically in Appendix D.
ITEM 18.1. ATTACHMENT 1
Bollard Acoustical Consultants, Inc. (BAC)
Environmental Noise Assessment
Logistic Center – Rancho Cordova, California
Table 2
Summary of Long-Term Noise Survey Measurement Results1
Site Description2 Date DNL
Average Measured
Hourly Noise Levels (dBA)
Daytime3 Nighttime4
Leq Lmax Leq Lmax
North of the project site at
residential uses and Airpark Drive
12/8/21 60 59 78 52 73
12/9/21 61 59 79 54 74
1 Detailed summaries of the noise monitoring results are provided in Appendices C and D. 2 Long-term noise survey location is identified on Figure 1. 3 Daytime hours: 7:00 a.m. to 10:00 p.m.
4 Nighttime hours: 10:00 p.m. to 7:00 a.m.
Source: Bollard Acoustical Consultants, Inc. (2021)
The BAC noise measurement site was selected to be representative of the ambient noise level environment at the nearest residential uses to the project area, located to the north along Airpark Drive. As indicated in Table 2, average measured noise levels (Leq) at the survey location exceeded Rancho Cordova General Plan daytime and nighttime noise level standards applicable to noise-sensitive uses.
Noise Impacts from Project-Generated On-Site Operations According to the provided site drawings (dated October 1, 2021), the project proposes the construction of an industrial building (approximately 155,000 ft2) containing warehouse and office uses with associated parking. The location of the proposed industrial building is shown in Figure
2. Noise generated by heavy trucks arriving and departing the site, backing into the loading docks, and coupling/decoupling, will be one of the primary noise sources associated with this project.
Once the heavy trucks are docked at the loading bays, they will be loaded and unloaded from within the building, so no outside loading/unloading activities would occur, and noise generated by such activities would be contained within the building. Another primary noise source associated with the project has been identified as mechanical equipment (HVAC). However, it is the experience of BAC in similar industrial projects that mechanical equipment would either be housed in an equipment room or located on the roof of the buildings and shielded by screen walls (parapets).
Noise generated by project-related activities were quantified through a combination of reference noise level measurements and application of accepted noise modeling techniques. Separate discussions of noise generated by on-site heavy truck circulation and trailer coupling/decoupling are provided in the following sections.
The Rancho Cordova General Plan daytime and nighttime performance standards of 55 and 45 dB Leq (respectively) were applied to project on-site operations noise generation and assessed at ITEM 18.1. ATTACHMENT 1
Bollard Acoustical Consultants, Inc. (BAC)
Environmental Noise Assessment
Logistic Center – Rancho Cordova, California
the nearest existing residential uses. The nearest existing residential uses are represented by numeric values on Figure 1 – identified as Residential 1-3. For the purposes of this assessment, it was assumed that on-site operations would occur during both daytime and nighttime hours.
However, satisfaction of the General Plan’s nighttime noise level standard would ensure for compliance with the General Plan’s less restrictive daytime noise level limit. As a result, the following analyses focus on compliance with the General Plan’s nighttime noise level standard of 45 dB Leq at the nearest residential uses.
On-Site Heavy Truck Circulation
Based on a review of the site drawings, the heavy truck access point will be on the north end of the development off Bear Hollow Drive. The truck access point and on-site truck circulation route and are shown on Figure 2.
The project site plan indicates that the industrial building will have 27 truck loading docks. To assess project on-site truck circulation noise exposure relative to the General Plan’s hourly average (Leq) noise level descriptor, it is necessary to identify the number of truck movements occurring during a typical busy hour of operations. For the purposes of this analysis, it was assumed that the project could have up to 50 on-site heavy truck trips during a worst-case busy hour (believed to be conservative).
Heavy truck arrivals and departures, and on-site truck circulation, will occur at low speeds. To quantify the noise generation of slow moving trucks, BAC utilized single-event passby noise test results for slow-moving heavy trucks conducted at the West El Camino truck stop in Sacramento, California. The passby measurements were conducted at a reference distance of 50 feet at a location suitable for isolation of individual passby events. During the truck passbys, Larson-Davis Laboratories Model 820 and 2900 sound level meters and frequency analyzers were used to quantify noise levels and event frequency content for each event. The results of the heavy truck measurements indicated that maximum noise levels ranged from 69 to 77 dB Lmax, with a mean of 74 dB Lmax. Truck passby levels measured in terms of Sound Exposure Levels (SEL) ranged from 77 to 85 dB, with a mean 83 dB. Based on the conservative estimate of 50 trips per hour, and an SEL of 83 dB per passby, the hourly average noise level generated by on-site heavy truck circulation computes to 64 dB Leq at a reference distance of 50 feet from the passby route.
Assuming standard sound wave spreading loss (-4.5 dB per doubling of distance from a moving point source), and a calculated reference noise level of 64 dB Leq at a distance of 50 feet, worstcase on-site heavy truck circulation noise exposure was predicted at the nearest existing residential uses. The results of those predictions relative to the City’s nighttime noise level standard are provided in Table 3.
It should be noted that existing solid noise barriers ranging from 6 to 7 feet-in-height are constructed along the property boundaries of the nearest existing residential uses. The locations of the existing noise barriers are illustrated on Figure 1. To account for the attenuation that would be provided by the existing noise barriers, the predicted noise levels in Table 3 have been conservatively reduced by 5 dB.
ITEM 18.1. ATTACHMENT 1
Bollard Acoustical Consultants, Inc. (BAC)
Environmental Noise Assessment
Logistic Center – Rancho Cordova, California
Table 3
Predicted On-Site Truck Circulation Noise Exposure vs. City Nighttime Noise Standard Receiver1 Distance (ft)2
Predicted Noise Level,
Leq (dB)3
City Nighttime Noise
Standard, Leq (dB)
Residential 1 1,000 40
Residential 2 1,200 39 45
Residential 3 1,000 40
1 Locations of nearest residential uses are shown on Figure 1. 2 Distances scaled from on-site truck circulation route to nearest residential uses using the provided site plan and City of Rancho Cordova online viewer.
3 Predicted noise levels include an offset of -5 dB to account for shielding that would be provided by existing solid noise barriers. The locations of the existing noise barriers are shown on Figure 1.
Source: Bollard Acoustical Consultants, Inc. (2022)
As indicated in Table 3, worst-case on-site truck circulation noise levels are predicted to satisfy the Rancho Cordova General Plan nighttime noise level standard of 45 dB Leq at the nearest residential uses. The predicted compliance includes consideration of shielding that would be provided by existing solid noise barriers at the locations illustrated on Figure 1. In addition, the predicted noise levels in Table 3 are below or within the range of measured ambient daytime and nighttime noise levels at the nearest residential uses to the project area (near Residential 1).
Based on the analysis and results provided above, no further consideration of noise mitigation measures would be warranted for this aspect of the project.
It should be noted that screening provided by existing and future intervening structures constructed on adjacent parcels to the north and east of the project would likely reduce projectgenerated on-site operations noise levels at the nearest existing residential uses (Residential 1- 3). However, without having finalized site plans indicating building location and orientation on those properties, the degree in which project operations noise levels would be attenuated is difficult to determine with a high level of accuracy. Nonetheless, excluding any consideration of shielding that may be provided existing or future structures on adjacent properties, the predicted noise levels in Table 3 would satisfy the applicable General Plan noise level criteria at the closest residential uses.
On-Site Heavy Truck Backing and Trailering Activities
Noise would be generated during brief periods by trucks backing into warehouse building loading docks and trailer parking areas during trailer coupling/decoupling activities (including backup beepers). It was assumed that heavy trucks would not be permitted to idle while on-site, and that refrigerator trucks (if applicable), would be plugged into loading bay power. The locations of the truck loading docks and trailer parking areas are shown on Figure 2.
To quantify the noise generated by truck backup warning devices and trailer coupling/decoupling activities, BAC conducted noise level measurements of a similar sized warehouse distribution facility in Patterson, California over a 48-hour period in August of 2015. The noise level results from the Patterson facility indicate that the measured average noise levels for the entire monitoring period were 54 dB Leq and 71 dB Lmax at a distance of 100 feet from the effective noise ITEM 18.1. ATTACHMENT 1
Bollard Acoustical Consultants, Inc. (BAC)
Environmental Noise Assessment
Logistic Center – Rancho Cordova, California
center of the truck backing, coupling and decoupling area. Based on the reference noise level data provided above, and assuming standard sound wave spreading loss (-4.5 dB per doubling of distance from a moving point source), truck backing and trailering noise associated with the loading docks and trailer parking areas was predicted at the nearest existing residential uses.
The results of those predictions relative to the City’s nighttime noise level standard are provided below in Table 4.
As mentioned previously, existing solid noise barriers ranging from 6 to 7-feet-in-height are constructed along the property boundaries of the nearest existing residential uses (illustrated on Figure 1). To account for the attenuation that would be provided by the existing noise barriers, the predicted noise levels in Table 4 have been conservatively reduced by 5 dB.
Table 4
Predicted Truck Backing and Trailering Noise Exposure vs. City Nighttime Noise Standard Receiver1
Distance (ft)2
Predicted Noise Level,
Leq (dB)3 City Nighttime
Noise Standard,
Leq (dB)
Loading
Docks
Trailer
Parking
Loading
Docks
Trailer
Parking
Residential 1 1,100 1,000 33 34
Residential 2 1,300 1,300 32 32 45
Residential 3 1,100 1,100 33 33
1 Locations of nearest residential uses are shown on Figure 1. 2 Distances scaled from closest loading dock and trailer parking areas to residential uses using provided site plan and City of Rancho Cordova online viewer.
3 Predicted noise levels include an offset of -5 dB to account for shielding that would be provided by existing solid noise barriers. The locations of the existing noise barriers are shown on Figure 1.
Source: Bollard Acoustical Consultants, Inc. (2022)
The Table 4 data indicate that truck backing and trailering noise levels are predicted to satisfy the Rancho Cordova General Plan nighttime noise level standard of 45 dB Leq at the nearest residential uses. The predicted compliance includes consideration of shielding that would be provided by existing solid noise barriers at the locations illustrated on Figure 1. Further, the predicted noise levels in Table 4 are below the range of measured ambient daytime and nighttime noise levels at the nearest residential uses to the project area (near Residential 1). Based on the analysis and results provided above, no further consideration of noise mitigation measures would be warranted for this aspect of the project.
As discussed previously, the screening provided by existing and future intervening structures constructed on adjacent parcels to the north and east of the project would likely reduce projectgenerated on-site operations noise levels at the nearest existing residential uses (Residential 1- 3). Nonetheless, excluding any consideration of shielding that may be provided by those structures, the predicted noise levels in Table 4 would satisfy the applicable General Plan noise level criteria at the closest residential uses.
ITEM 18.1. ATTACHMENT 1
Bollard Acoustical Consultants, Inc. (BAC)
Environmental Noise Assessment
Logistic Center – Rancho Cordova, California
Conclusions
Based on the analysis and results presented in this report, noise levels associated with projectgenerated on-site operations at the proposed Logistic Center are predicted to satisfy the applicable Rancho Cordova General Plan noise criteria at the nearest existing residential uses.
The predicted compliance includes consideration of shielding that would be provided by existing solid noise barriers at the locations illustrated on Figure 1. In addition, predicted on-site operations noise levels are expected to be below or within the range of measured ambient daytime and nighttime noise levels at the nearest residential uses to the project area. As a result, no further consideration of noise mitigation measures would be warranted for the project.
It should be noted that screening provided by existing and future intervening structures constructed on adjacent parcels to the north and east of the project would likely reduce projectgenerated on-site operations noise levels at the nearest existing residential uses. However, without having finalized site plans indicating building location and orientation on those properties, the degree in which project operations noise levels would be attenuated is difficult to determine with a high level of accuracy. Nonetheless, excluding any consideration of shielding that may be provided existing or future structures on adjacent properties, the predicted on-site operations noise levels presented in this report would satisfy the applicable Rancho Cordova General Plan noise level criteria at the closest residential uses.
These conclusions are based on the operations assumptions cited herein, BAC file data, and the studied site design presented in Figure 2 (dated October 1, 2021). Deviations from the resources cited herein could cause noise levels to differ from those predicted in this assessment. It should be noted that, although noise levels associated with operations at the proposed industrial center are predicted to comply with applicable Rancho Cordova General Plan noise level limits at the nearest residential uses, it is ultimately up to the future individual businesses/tenants of the development to comply with said noise standards.
This concludes our environmental noise assessment for the Logistic Center in Rancho Cordova, California. Please contact BAC at (530) 537-2328 or [email protected] with comments or questions regarding this assessment.
ITEM 18.1. ATTACHMENT 1
Appendix A
Acoustical Terminology
Acoustics The science of sound.
Ambient Noise The distinctive acoustical characteristics of a given space consisting of all noise sources audible at that location. In many cases, the term ambient is used to describe an existing or pre-project condition such as the setting in an environmental noise study.
Attenuation The reduction of an acoustic signal.
A-Weighting A frequency-response adjustment of a sound level meter that conditions the output signal to approximate human response.
Decibel or dB Fundamental unit of sound. A Bell is defined as the logarithm of the ratio of the sound pressure squared over the reference pressure squared. A Decibel is one-tenth of a Bell.
CNEL Community Noise Equivalent Level. Defined as the 24-hour average noise level with noise occurring during evening hours (7 - 10 p.m.) weighted by a factor of three and nighttime hours weighted by a factor of 10 prior to averaging.
Frequency The measure of the rapidity of alterations of a periodic signal, expressed in cycles per second or hertz.
IIC Impact Insulation Class (IIC): A single-number representation of a floor/ceiling partition’s impact generated noise insulation performance. The field-measured version of this number is the FIIC.
Ldn Day/Night Average Sound Level. Similar to CNEL but with no evening weighting.
Leq Equivalent or energy-averaged sound level.
Lmax The highest root-mean-square (RMS) sound level measured over a given period of time.
Loudness A subjective term for the sensation of the magnitude of sound.
Masking The amount (or the process) by which the threshold of audibility is for one sound is raised by the presence of another (masking) sound.
Noise Unwanted sound.
Peak Noise The level corresponding to the highest (not RMS) sound pressure measured over a given period of time. This term is often confused with the “Maximum” level, which is the highest RMS level.
RT60 The time it takes reverberant sound to decay by 60 dB once the source has been removed.
STC Sound Transmission Class (STC): A single-number representation of a partition’s noise insulation performance. This number is based on laboratory-measured, 16-band (1/3- octave) transmission loss (TL) data of the subject partition. The field-measured version of this number is the FSTC.
ITEM 18.1. ATTACHMENT 1
Legend
Appendix B
Logistic Center
Rancho Cordova, California
Photographs of Noise Survey Location
A Site 1: Facing east along residential boundaries and Airpark Drive B
C
Site 1: Facing west along residential boundaries and Airpark Drive Site 1: Facing northeast looking at noise monitoring equipment A
B
C
ITEM 18.1. ATTACHMENT 1
.
Hour Leq Lmax L50 L90
12:00 AM 45 72 34 30
1:00 AM 36 64 30 28 High Low Average High Low Average
2:00 AM 43 68 34 31 Leq (Average) 62 51 59 58 36 52
3:00 AM 46 71 34 31 Lmax (Maximum) 90 71 78 86 64 73
4:00 AM 52 81 37 34 L50 (Median) 55 39 48 46 30 37
5:00 AM 51 72 39 34 L90 (Background) 48 35 43 43 28 33
6:00 AM 58 86 46 43
7:00 AM 60 75 50 46 Computed DNL, dB 60
8:00 AM 61 77 53 48 % Daytime Energy 90%
9:00 AM 60 86 49 46 % Nighttime Energy 10%
10:00 AM 62 87 55 46
11:00 AM 58 78 49 46
12:00 PM 56 73 48 46
1:00 PM 56 76 50 46
2:00 PM 61 90 52 47
3:00 PM 60 78 51 44
4:00 PM 59 80 48 44
5:00 PM 58 79 47 43
6:00 PM 56 73 45 40
7:00 PM 55 74 44 39
8:00 PM 51 71 41 37
9:00 PM 53 72 39 35
10:00 PM 52 72 39 36
11:00 PM 48 72 38 35
Statistical Summary
Daytime (7 a.m. - 10 p.m.) Nighttime (10 p.m. - 7 a.m.) GPS Coordinates 38°34'18.02" N
121°17'11.77" W
Appendix C-1
Long-Term Ambient Noise Monitoring Results - Site 1
Logistic Center - Rancho Cordova, California
Wednesday, December 08, 2021
ITEM 18.1. ATTACHMENT 1
.
Hour Leq Lmax L50 L90
12:00 AM 48 69 36 33
1:00 AM 45 69 43 37 High Low Average High Low Average
2:00 AM 50 72 43 41 Leq (Average) 62 52 59 59 45 54
3:00 AM 54 80 41 38 Lmax (Maximum) 84 71 79 83 69 74
4:00 AM 55 83 42 38 L50 (Median) 53 45 49 54 36 44
5:00 AM 54 74 46 42 L90 (Background) 48 42 45 50 33 41
6:00 AM 59 76 54 50
7:00 AM 62 84 53 48 Computed DNL, dB 61
8:00 AM 62 82 52 48 % Daytime Energy 84%
9:00 AM 59 80 50 48 % Nighttime Energy 16%
10:00 AM 57 79 50 47
11:00 AM 59 84 49 47
12:00 PM 58 83 50 46
1:00 PM 57 83 49 46
2:00 PM 59 76 51 46
3:00 PM 57 74 48 44
4:00 PM 59 77 50 42
5:00 PM 61 84 52 46
6:00 PM 56 75 48 44
7:00 PM 56 75 48 43
8:00 PM 56 74 46 43
9:00 PM 52 71 45 42
10:00 PM 52 70 46 44
11:00 PM 51 71 45 44
Statistical Summary
Daytime (7 a.m. - 10 p.m.) Nighttime (10 p.m. - 7 a.m.) GPS Coordinates 38°34'18.02" N
121°17'11.77" W
Appendix C-2
Long-Term Ambient Noise Monitoring Results - Site 1
Logistic Center - Rancho Cordova, California
Thursday, December 09, 2021
ITEM 18.1. ATTACHMENT 1
60 dB
Appendix D-1
Long-Term Ambient Noise Monitoring Results - Site 1
Logistic Center - Rancho Cordova, California
Wednesday, December 08, 2021
Computed DNL =
20 30
40 50
60 70
80 90
100
12:00 AM 4:00 AM 8:00 AM 12:00 PM 4:00 PM 8:00 PM 11:00 PM Sound Pressure Level, dBA
Time of Day
Average (Leq) Maximum (Lmax) Median (L50) Background (L90) ITEM 18.1. ATTACHMENT 1
61 dB
Appendix D-2
Long-Term Ambient Noise Monitoring Results - Site 1
Logistic Center - Rancho Cordova, California
Thursday, December 09, 2021
Computed DNL =
20 30
40 50
60 70
80 90
100
12:00 AM 4:00 AM 8:00 AM 12:00 PM 4:00 PM 8:00 PM 11:00 PM Sound Pressure Level, dBA
Time of Day
Average (Leq) Maximum (Lmax) Median (L50) Background (L90) ITEM 18.1. ATTACHMENT 1
STOP
STOP
STOP
BIKE
LANE
BIKE LANE
Bear Hollow Drive
Auvernat Drive
ITEM 18.1. ATTACHMENT 1
PROJECT
AREA
Femoyer St
Zinfandel Dr
N Mather Blvd
Robola Way
Auvernat Dr
International
Dr
Bear Hollow Dr
Airpark Dr
Queens Arbor Dr
Bear Hollow Dr
ITEM 18.1. ATTACHMENT 1
STOP
STOP
STOP
BIKE LANE
Bear Hollow Drive
Robola Way
ITEM 18.1. ATTACHMENT 1
Transportation Engineers
3853 Taylor Road, Suite G • Loomis, CA 95650 • (916) 660-1555 • FAX (916) 660-1535 March 9, 2022
Mr. George Condon, Partner, West Region
DERMODY
5500 Equity Avenue
Reno, CA 89502
RE: TRIP GENERATION ESTIMATE AND TRUCK / AUTOMOBILE CIRCULATION
ASSESSMENT FOR BEAR HOLLOW DRIVE BUSINESS/ PROFESSIONAL SITE,
RANCHO CORDOVA, CA
Dear Mr. Condon:
As requested, KD Anderson & Associates has completed this assessment of the probable trip generation associated with the uses on the Bear Hollow Drive Business/Professional (BP) site proposed in Rancho Cordova. The project involves construction of a 155,040 sf building in the BP (Business Park) zone at the intersection of Mather Blvd & Bear Hollow Drive. The building would be configured with 147,290 sf of warehouse space and 7,750 sf of supporting office space. The building would be accompanied by 27 truck loading docks, 32 trailer stalls and 98 automobile parking stalls.
Our work has involved review of the characteristics of the proposed project, consideration of potential trip generation rates presented in the ITE Trip Generation Manual, 11 th Edition, selection of applicable trip
generation rates and calculation of the project’s overall and truck trip generation forecasts. In turn, that information will be used by the City of Rancho Cordova to determine whether the potential traffic impacts associated with the project are inherently less than significant based on the number of trips generated or if subsequent analysis is needed to confirm a finding of no significant impact.
Our work also included identification of the most likely truck route to the site and quantification of the automobile trip distribution on the streets leading to the site.
Trip Generation Rates. The ITE Trip Generation Manual, 11 th Edition offers trip generation rates that
are appropriate for most land uses, and we reviewed this reference as well as other available published materials. As noted in Table 1, trip generation rates are available for a variety of uses that might occupy a BP site. In general, the rates are dependent on employee density and the extent of travel to and from the site throughout the day. The buildings used for industrial / warehouse uses typically contain a small area of office space used to support the business operation, and that activity is included in the overall trip generation rates. Each land use category was also supported by truck trip generation rates.
The nature of the occupants of the buildings is unknown. Trip generation rates are available for General Light Industrial Uses (Code 110), and these rates are presented in Table 1 below. Based on the project description, the site could also be developed with Warehouse uses, and the ITE rate for Warehousing (Code 150) has been identified. Finally, specialized warehousing has been a common type of development in the Rancho Cordova area, and ITE identifies High Cube Warehousing (Code 154) as follows:
ITEM 18.1. ATTACHMENT 1
Mr. George Condon, Partner, West Region
DERMODY
March 9, 2022
A high-cube warehouse (HCW) is a building that typically has at least 200,000 gross square feet of floor area, has a ceiling height of 24 feet or more, and is used primarily for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials) prior to their distribution to retail locations or other warehouses. A typical HCW has a high level of on-site automation and logistics management. The automation and logistics enable highlyefficient processing of goods through the HCW. The HCWs included in this land use include transload and short-term facilities. Transload facilities have a primary function of consolidation and distribution of pallet loads (or larger) for manufacturers, wholesalers, or retailers. They typically have little storage duration, high throughput, and are high-efficiency facilities. Short-term HCWs are high-efficiency distribution facilities often with custom/special features built into structure for movement of large volumes of freight with only short-term storage of products.
Trip Generation Forecast. The number of peak hour trips associated with the project has been estimated for each land use category, and the results are also presented in Table 1. As shown, as a “worst case”, applying the Light Industrial rate could generate 755 trips over the course of the day (i.e., ½ inbound and ½ outbound) and would suggest 115 trips in the weekday a.m. peak hour and 101 trips in the p.m. peak hour. Alternatively, warehouse space as envisioned in the site plan, would generate 265 daily trips and 26 trips in the a.m. peak hour and 28 p.m. peak hour trips. The forecast associated with High Cube warehousing is even lower (i.e., 217 daily trips with 12 a.m. peak hour and 16 p.m. peak hour trips).
TABLE 1
TRIP GENERATION RATES FORECAST
ITE
Code
Description
Average Trips per Unit
Unit Daily
AM Peak Hour PM Peak Hour
% in % out Total % in % out Total
110 General Light Industrial ksf 4.87 88% 12% 0.74 14% 86% 0.65 150 Warehousing ksf 1.71 77% 23% 0.17 28% 72% 0.18
154 High Cube warehouse ksf 1.40 77% 23% 0.08 28% 72% 0.10 Bear Hollow Drive Project
110 General Light Industrial
155.04
755 101 14 115 14 87 101
150 Warehousing 265 20 6 26 8 20 28
154 High Cube Warehouse 217 9 3 12 4 12 16
Trip Generation Conclusions. The City of Rancho Cordova’s traffic study guidelines typically determine the need for additional traffic impact analysis based on consideration of a project’s overall trip generation estimate. Those projects generating fewer than 1,000 daily or 100 peak hour trips do not typically require traffic impact analysis. If the Bear Hollow Drive BP site is developed with “General Light Industrial” uses (i.e., “worst case”) then the project’s trip generation estimates fall above those thresholds in the a.m. and p.m. peak hours.
ITEM 18.1. ATTACHMENT 1
Mr. George Condon, Partner, West Region
DERMODY
March 9, 2022
Truck Traffic. Because the overall volume of traffic created by the project is low, a key issue may be the amount of truck traffic caused by the project and the routes followed by trucks traveling to and from the site. Table 2 presents estimates for the truck trips accompanying site development under the three alternative ITE land use trip generation categories. As indicated total daily truck trip generation (i.e., inbound and outbound total) ranges from 34 to 91 daily trips. The land use category generating the most total vehicle trips (i.e., warehouse) generates fewer truck trips..
TABLE 2
TRUCK TRIP GENERATION RATES FORECAST
ITE
Code
Description
Average Trips per Unit
Unit Daily
AM Peak Hour PM Peak Hour
% in % out Total % in % out Total
110 General Light Industrial ksf 0.25 60% 40% 0.01 50% 50% 0.01 150 Warehousing ksf 0.60 52% 48% 0.02 52% 48% 0.03
154 High Cube warehouse ksf 0.22 49% 51% 0.02 47% 53% 0.01 Bear Hollow Drive Project
110 General Light Industrial
155.04
39 1 1 2 1 1 2
150 Warehousing 93 2 1 3 2 3 5
154 High Cube Warehouse 34 1 2 3 2 1 2
Truck Routes. Most truck traffic to and from uses along the Zinfandel Drive corridor is oriented to and from US 50. While routes selected by automobile drives often reflect the shortest or most direct routes, truck drivers focus on routes that feature few stops that can most easily accommodate the turning requirements of large trucks. Those routes may not necessarily represent the shortest straight-line distance.
In this case, five possible routes have been identified in Table 3. Most truck traffic is expected to be oriented to the west on US 50, and in that direction routes using the Mather Field Road interchange, rather than the Zinfandel Drive interchange, are shorter, avoid most residential areas and have fewer stops. Based on this information, it is likely that truckers would choose Route 2, which avoids all residential areas for travel to the west.
ITEM 18.1. ATTACHMENT 1
Mr. George Condon, Partner, West Region
DERMODY
March 9, 2022
TABLE 3
COMPARATIVE ROUTES TO US 50 FOR TRUCKS
Route Path Adjoining Land Use Besides
Industrial / Commercial?
Stops Distance2
S (miles) ignals1 Stop
Signs Total
1 US 50 to Mather Field Rd to International Dr to
Femoyer St to Airpark Dr to Bear Hollows Dr to site
0.15 mi Residential but no fronting
homes.
5 3 8 14.1
2 US 50 to Mather Field Rd to International Dr to
Femoyer St to Mather Blvd to No. Mather Blvd to Bear
Hollow Dr to site
No Residential, no school, no park
5 5 10 14.7
3 US 50 to Zinfandel Dr to Bear Hollow Dr to site 0.5 mi Residential but no fronting homes. School, park 6 3 9 15.2
4 US 50 to Zinfandel Dr to Spoto Dr to N. Mather Blvd
to Bear Hollow Dr to site
0.5 mi Residential but no fronting
homes. Park 8 2 10 15.6
5 US 50 to Zinfandel Dr to N. Mather Blvd to Bear
Hollow Dr to site
No residential, no school or Park
9 2 11 15.6
1 including US 50 off-ramps
2 distance from “Sacramento” using Google Earth Pro
ITEM 18.1. ATTACHMENT 1
Mr. George Condon, Partner, West Region
DERMODY
March 9, 2022
Automobile Trip Distribution. The proposed project would add automobile trips to streets surrounding the project, primarily as a result of travel by commuting employees. The distribution of those trips would primarily reflect the location of residences within the greater Rancho Cordova – Sacramento County / Folsom area, as well as the travel time along alternative local routes that connect the site with the regional circulation network.
Table 4 presents preliminary assumptions relating to trip distribution as well as a tabulation of daily and peak hour trips on each facility.
ITEM 18.1. ATTACHMENT 1
Mr. George Condon, Partner, West Region
DERMODY
March 9, 2022
TABLE 4
PRELIMINARY PROJECT TRIP DISTRIBUTION AND ASSIGNMENT
Direction Destination Route Share of
Total Local Street Share
Trips with
Light Industrial Rate
AM PM Daily
East Folsom / El Dorado Co Zinfandel Dr to US 50 20% Bear Hollow Dr 15% 17 15 111 Spoto Drive 5% 6 5 38
North Citrus Heights / Sac Co Zinfandel Dr to US 50 to Sunrise Blvd 35% Bear Hollow Dr 28% 32 28 210 Spoto Drive 7% 8 7 52
South South Rancho Cordova Mather Blvd to Douglas Rd 10% Mather Blvd 5% 6 5 38 N. Mather Blvd to Zinfandel Dr N. Mather Blvd 5% 6 5 38 West Sacramento County International Dr to Mather Field Rd to US 50 30% Bear Hollow Dr 30% 35 31 228
Northeast Stonecreek Neighborhoods Bear Hollow Dr
5%
Bear Hollow Dr 2% 2 2 16
Spoto Drive Spoto Drive 1% 1 1 8
N. Mather Blvd N. Mather Blvd 2% 2 2 16
115 101 755
Index
#
% of Total
Bear Hollow Drive 1 Zinfandel Dr to Airpark Dr 45% 52 45 340 2 Airpark Dr to access 75% 86 76 566
3 Access to N. Mather Blvd 25% 29 25 189
Spoto Drive 4 N. Mather Blvd to Zinfandel Drive 8% 9 8 98 N. Mather Blvd 5 Mather Blvd to Bear Hollow Dr 13% 15 13 38 6 Bear Hollow Drive to Spoto Dr 20% 23 20 151
7 Spoto Drive to Zinfandel Drive 7% 8 7 53
Airpark Drive 8 Femoyer Street to Bear Hollow Dr 30% 35 30 227 ITEM 18.1. ATTACHMENT 1
Mr. George Condon, Partner, West Region
DERMODY
March 9, 2022
Please feel free to contact me if you have any questions or need additional information.
Sincerely yours,
KD Anderson & Associates, Inc.
Kenneth D. Anderson, P.E.
President
Attachment: site plan, index map, ITE code 110, 150 and 154 worksheets Bear Hollow Dr BP Trip Generation 03.09.22.ltr
ITEM 18.1. ATTACHMENT 1
ITEM 18.1. ATTACHMENT 1
KD Anderson & Associates, Inc.
Transportation Engineers
figure 1
TRIP ASSIGNMENT INDEX MAP
0000-00 RA 3/9/2022
PROJECT
LOCATION
4 1
2 8
3 6
5 7
ITEM 18.1. ATTACHMENT 1
1/28/22, 1:55 PM https://itetripgen.org/PrintGraph.htm?code=110&ivlabel=QFQAF&timeperiod=AWDVTE&x=&edition=639&locationCode=General … https://itetripgen.org/PrintGraph.htm?code=110&ivlabel=QFQAF&timeperiod=AWDVTE&x=&edition=639&locationCode=General Urban/Suburban&co… 1/1 General Light Industrial
(110)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday
Setting/Location: General Urban/Suburban
Number of Studies: 37
Avg. 1000 Sq. Ft. GFA: 45
Directional Distribution: 50% entering, 50% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
4.87 0.34 - 43.86 4.08
Data Plot and Equation T = Trip Ends
X = 1000 Sq. Ft. GFA
Study Site Fitted Curve Average Rate
Fitted Curve Equation: T = 3.76(X) + 50.47 R²= 0.61
Trip Gen Manual, 11th Edition Institute of Transportation Engineers 0 100 200 300 400 0
200
400
600
800
1,000
1,200
1,400
ITEM 18.1. ATTACHMENT 1
1/28/22, 1:57 PM https://itetripgen.org/PrintGraph.htm?code=110&ivlabel=QFQAF&timeperiod=TASIDE&x=&edition=639&locationCode=General Ur… https://itetripgen.org/PrintGraph.htm?code=110&ivlabel=QFQAF&timeperiod=TASIDE&x=&edition=639&locationCode=General Urban/Suburban&coun… 1/1 General Light Industrial
(110)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
Setting/Location: General Urban/Suburban
Number of Studies: 41
Avg. 1000 Sq. Ft. GFA: 65
Directional Distribution: 88% entering, 12% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
0.74 0.02 - 4.46 0.61
Data Plot and Equation T = Trip Ends
X = 1000 Sq. Ft. GFA
Study Site Fitted Curve Average Rate
Fitted Curve Equation: T = 0.68(X) + 3.81 R²= 0.66
Trip Gen Manual, 11th Edition Institute of Transportation Engineers 0 100 200 300 400 0
100
200
300
ITEM 18.1. ATTACHMENT 1
1/28/22, 1:57 PM https://itetripgen.org/PrintGraph.htm?code=110&ivlabel=QFQAF&timeperiod=TPSIDE&x=&edition=639&locationCode=General Ur… https://itetripgen.org/PrintGraph.htm?code=110&ivlabel=QFQAF&timeperiod=TPSIDE&x=&edition=639&locationCode=General Urban/Suburban&cou… 1/1 General Light Industrial
(110)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
Setting/Location: General Urban/Suburban
Number of Studies: 40
Avg. 1000 Sq. Ft. GFA: 58
Directional Distribution: 14% entering, 86% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
0.65 0.07 - 7.02 0.56
Data Plot and Equation T = Trip Ends
X = 1000 Sq. Ft. GFA
Study Site Fitted Curve Average Rate
Fitted Curve Equation: Ln(T) = 0.72 Ln(X) + 0.38 R²= 0.55 Trip Gen Manual, 11th Edition Institute of Transportation Engineers 0 50 100 150 200 250 300 0
100
200
300
400
ITEM 18.1. ATTACHMENT 1
1/28/22, 2:42 PM https://itetripgen.org/PrintGraph.htm?code=150&ivlabel=QFQAF&timeperiod=AWDVTE&x=&edition=639&locationCode=General … https://itetripgen.org/PrintGraph.htm?code=150&ivlabel=QFQAF&timeperiod=AWDVTE&x=&edition=639&locationCode=General Urban/Suburban&co… 1/1 Warehousing
(150)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday
Setting/Location: General Urban/Suburban
Number of Studies: 31
Avg. 1000 Sq. Ft. GFA: 292
Directional Distribution: 50% entering, 50% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
1.71 0.15 - 16.93 1.48
Data Plot and Equation T = Trip Ends
X = 1000 Sq. Ft. GFA
Study Site Fitted Curve Average Rate
Fitted Curve Equation: T = 1.58(X) + 38.29 R²= 0.92
Trip Gen Manual, 11th Edition Institute of Transportation Engineers 0 1,000 2,000 3,000 0
1,000
2,000
3,000
4,000
5,000
6,000
ITEM 18.1. ATTACHMENT 1
1/28/22, 2:43 PM https://itetripgen.org/PrintGraph.htm?code=150&ivlabel=QFQAF&timeperiod=TASIDE&x=&edition=639&locationCode=General Ur… https://itetripgen.org/PrintGraph.htm?code=150&ivlabel=QFQAF&timeperiod=TASIDE&x=&edition=639&locationCode=General Urban/Suburban&cou… 1/1 Warehousing
(150)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
Setting/Location: General Urban/Suburban
Number of Studies: 36
Avg. 1000 Sq. Ft. GFA: 448
Directional Distribution: 77% entering, 23% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
0.17 0.02 - 1.93 0.19
Data Plot and Equation T = Trip Ends
X = 1000 Sq. Ft. GFA
Study Site Fitted Curve Average Rate
Fitted Curve Equation: T = 0.12(X) + 23.62 R²= 0.69
Trip Gen Manual, 11th Edition Institute of Transportation Engineers 0 1,000 2,000 3,000 0
100
200
300
400
500
600
ITEM 18.1. ATTACHMENT 1
1/28/22, 2:43 PM https://itetripgen.org/PrintGraph.htm?code=150&ivlabel=QFQAF&timeperiod=TPSIDE&x=&edition=639&locationCode=General U… https://itetripgen.org/PrintGraph.htm?code=150&ivlabel=QFQAF&timeperiod=TPSIDE&x=&edition=639&locationCode=General Urban/Suburban&cou… 1/1 Warehousing
(150)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
Setting/Location: General Urban/Suburban
Number of Studies: 49
Avg. 1000 Sq. Ft. GFA: 400
Directional Distribution: 28% entering, 72% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
0.18 0.01 - 1.80 0.18
Data Plot and Equation T = Trip Ends
X = 1000 Sq. Ft. GFA
Study Site Fitted Curve Average Rate
Fitted Curve Equation: T = 0.12(X) + 26.48 R²= 0.65
Trip Gen Manual, 11th Edition Institute of Transportation Engineers 0 1,000 2,000 3,000 0
100
200
300
400
500
600
ITEM 18.1. ATTACHMENT 1
1/28/22, 2:45 PM https://itetripgen.org/PrintGraph.htm?code=154&ivlabel=QFQAF&timeperiod=AWDVTE&x=&edition=639&locationCode=General … https://itetripgen.org/PrintGraph.htm?code=154&ivlabel=QFQAF&timeperiod=AWDVTE&x=&edition=639&locationCode=General Urban/Suburban&co… 1/1 High-Cube Transload and Short-Term Storage Warehouse
(154)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday
Setting/Location: General Urban/Suburban
Number of Studies: 91
Avg. 1000 Sq. Ft. GFA: 798
Directional Distribution: 50% entering, 50% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
1.40 0.20 - 4.32 0.86
Data Plot and Equation T = Trip Ends
X = 1000 Sq. Ft. GFA
Study Site Average Rate
Fitted Curve Equation: Not Given R²= ****
Trip Gen Manual, 11th Edition Institute of Transportation Engineers 0 500 1,000 1,500 2,000 0
1,000
2,000
3,000
4,000
5,000
ITEM 18.1. ATTACHMENT 1
1/28/22, 2:46 PM https://itetripgen.org/PrintGraph.htm?code=154&ivlabel=QFQAF&timeperiod=TASIDE&x=&edition=639&locationCode=General Ur… https://itetripgen.org/PrintGraph.htm?code=154&ivlabel=QFQAF&timeperiod=TASIDE&x=&edition=639&locationCode=General Urban/Suburban&cou… 1/1 High-Cube Transload and Short-Term Storage Warehouse
(154)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
Setting/Location: General Urban/Suburban
Number of Studies: 102
Avg. 1000 Sq. Ft. GFA: 846
Directional Distribution: 77% entering, 23% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
0.08 0.01 - 0.31 0.05
Data Plot and Equation T = Trip Ends
X = 1000 Sq. Ft. GFA
Study Site Average Rate
Fitted Curve Equation: Not Given R²= ****
Trip Gen Manual, 11th Edition Institute of Transportation Engineers 0 500 1,000 1,500 2,000 2,500 3,000 0
100
200
300
400
ITEM 18.1. ATTACHMENT 1
1/28/22, 2:47 PM https://itetripgen.org/PrintGraph.htm?code=154&ivlabel=QFQAF&timeperiod=TPSIDE&x=&edition=639&locationCode=General U… https://itetripgen.org/PrintGraph.htm?code=154&ivlabel=QFQAF&timeperiod=TPSIDE&x=&edition=639&locationCode=General Urban/Suburban&cou… 1/1 High-Cube Transload and Short-Term Storage Warehouse
(154)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
Setting/Location: General Urban/Suburban
Number of Studies: 103
Avg. 1000 Sq. Ft. GFA: 840
Directional Distribution: 28% entering, 72% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
0.10 0.00 - 0.25 0.06
Data Plot and Equation T = Trip Ends
X = 1000 Sq. Ft. GFA
Study Site Average Rate
Fitted Curve Equation: Not Given R²= ****
Trip Gen Manual, 11th Edition Institute of Transportation Engineers 0 500 1,000 1,500 2,000 2,500 3,000 0
100
200
300
ITEM 18.1. ATTACHMENT 1
ITEM 18.1. ATTACHMENT 1
ITEM 18.1. ATTACHMENT 1
Logisticenter at Rancho Cordova
CityOfRanchoCordova.org
Nicholas Sosa, Associate Planner
Darcy Goulart, Planning Manager
April 17, 2023
PLND-1021-0015 Major Design Review
ITEM 18.1. ATTACHMENT 2
Purpose of Tonight’s Meeting
• Discuss the potential impacts of litigation in the magnitude of $100 million dollars
• Request direction for Staff on demand to cure.
• Provide brief summary of the project and additional conditions agreed upon by the Applicant.
• Potentially close the public hearing, ask any questions, deliberate, and provide staff sufficiently detailed direction to prepare documents for final action at the May 15th Council Meeting based upon Council’s direction.
ITEM 18.1. ATTACHMENT 2
Fiscal Impact of Potential Litigation & Adverse Judgement • Cost of litigation is estimated to be approximately $2 Million annually
➢ Will hinder the City's ability to grow and expand services to the community in the next two-year budget, currently under development.
▪ $100 Million judgement would significantly alter the City's financial position and future opportunities for the next 10-20 years .
➢ Substantial portion of the City's General Fund would
have to be redirected to the payment of this obligation over a 10-20 year window.
➢ Magnitude of payments could exceed $10 million
annually depending on payment duration and potential
interest costs and would significantly impact the City's ability to not only expand, but maintain basic services.
ITEM 18.1. ATTACHMENT 2
4 Fiscal Impact of Potential Litigation & Adverse Judgement ITEM 18.1. ATTACHMENT 2
Brown Act Cure
• During direction on the Project during March 6
th hearing, the Mayor clarified that
the effect was to provide Staff direction to prepare findings of denial for consideration at a future City Council meeting, not to take any final action on the Project.
• The City received an email on March 20, 2023, claiming that this violated the Brown Act.
• Without any admission, this agenda item, including the scheduled motion to reconsider would correct and cure the alleged violation consistent with the Brown Act and the email of March 20, 2023.
• The City Attorney will provide additional assistance on this matter immediately following the reconsideration.
ITEM 18.1. ATTACHMENT 2
Project Request
• The Applicant is requesting a Major Design Review Entitlement to construct a 155,040 square foot shell industrial building with an accessory office area, loading dock area and commercial vehicle parking.
• The property is zoned Business Professional (BP), and warehousing is listed as a permitted use under Table IV (I.3) of the 2003 Sacramento County Zoning Code.
• Council’s discretion is limited to the design of the building and not the use of the site.
ITEM 18.1. ATTACHMENT 2
Site Plan
ITEM 18.1. ATTACHMENT 2
Final Submittal
Box Size Numberoftrees
Diameterof all
trees combined % Increase
24 141 3384 -10%
36 28 1008
48 36 1728 20%
205 6120 18%
Current Landscaping Plan
ITEM 18.1. ATTACHMENT 2
TOP OF PARAPET
41'-6"
TOP OF PARAPET
40'-0"
TOP OF PARAPET
39'-6"
TOP OF PARAPET
38'-0"
CLEAR HEIGHT
32'-0"
GLASS HEIGHT
26'-0"
FINISHED FLOOR
0'-0"
EAST ELEVATION
TOP OF PARAPET
41'-6"
TOP OF PARAPET
40'-0"
TOP OF PARAPET
39'-6"
TOP OF PARAPET
38'-0"
CLEAR HEIGHT
32'-0"
GLASS HEIGHT
26'-0"
TOP OF WALL
12'-0"
FINISHED FLOOR
NORTH ELEVATION 0'-0"
TOP OF PARAPET
39'-6"
CLEAR HEIGHT
32'-0"
FINISHED FLOOR
0'-0"
WEST ELEVATION
TOP OF PARAPET
40'-0"
TOP OF PARAPET
39'-6"
TOP OF PARAPET
38'-0"
CLEAR HEIGHT
32'-0"
GLASS HEIGHT
26'-0"
FINISHED FLOOR
0'-0"
SOUTH ELEVATION
TOP OF PARAPET
40’-0”
TOP OF PARAPET
38’-6”
TOP OF PARAPET
37’-0”
CLEAR HEIGHT
32’-0”
GLASS HEIGHT
26’-0”
FINISHED FLOOR
0’-0”
EAST ELEVATION
TOP OF PARAPET
40’-0”
TOP OF PARAPET
39’-6”
TOP OF PARAPET
38’-6”
TOP OF PARAPET
38’-0”
TOP OF WALL
12’-0”
FINISHED FLOOR
0’-0”
NORTH ELEVATION
TOP OF PARAPET
39’-6”
CLEAR HEIGHT
32’-0”
FINISHED FLOOR
0’-0”
WEST ELEVATION
TOP OF PARAPET
40’-0”
TOP OF PARAPET
38’-6”
CLEAR HEIGHT
32’-0”
GLASS HEIGHT
26’-0”
FINISHED FLOOR
0’-0”
SOUTH ELEVATION
1 SHERWIN WILLIAMS SW 7009 2 SHERWIN WILLIAMS SW 2849 3 SHERWIN WILLIAMS SW 7069 4 SHERWIN WILLIAMS SW 6804 PEARLY WHITE WESTCHESTER GRAY IRON ORE DIGNITY BLUE SHERWIN WILLIAMS SW 7009
PEARLY WHITE
1 SHERWIN WILLIAMS SW 2849
WESTCHESTER GRAY
2 SHERWIN WILLIAMS SW 7069
IRON ORE
3 SHERWIN WILLIAMS SW 6804
DIGNITY BLUE
4 TOP OF PARAPET
40’-0”
TOP OF PARAPET
38’-6”
TOP OF PARAPET
37’-0”
CLEAR HEIGHT
32’-0”
GLASS HEIGHT
26’-0”
FINISHED FLOOR
0’-0”
EAST ELEVATION
TOP OF PARAPET
40’-0”
TOP OF PARAPET
39’-6”
TOP OF PARAPET
38’-6”
TOP OF PARAPET
38’-0”
TOP OF WALL
12’-0”
FINISHED FLOOR
0’-0”
NORTH ELEVATION
TOP OF PARAPET
39’-6”
CLEAR HEIGHT
32’-0”
FINISHED FLOOR
0’-0”
WEST ELEVATION
TOP OF PARAPET
40’-0”
TOP OF PARAPET
38’-6”
CLEAR HEIGHT
32’-0”
GLASS HEIGHT
26’-0”
FINISHED FLOOR
0’-0”
SOUTH ELEVATION
Current Elevations
ITEM 18.1. ATTACHMENT 2
Final Corner Rendering
ITEM 18.1. ATTACHMENT 2