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FEATURES
• Operates reliably in extreme conditions with an
ambient temperature range from -40°F to 131°F and a
robust fiberglass body.
• Maximizes energy efficiency with efficacy up to 156
lm/W and lumen packages ranging from 2,000 to
24,000.
• Adapts to diverse applications with multiple mounting options, including surface, pendant, wall, and
suspended configurations.
• Enhances durability with IP65, IP66, IP67, NEMA 4X,
IK10, and NSF certifications, along with a 1500 PSI
hosedown rating.
• Offers customizable lighting with multiple lens options for glare reduction and CCTs from 2700K to 5000K in
80 or 90 CRI.
• Supports advanced lighting controls with wireless
grouping capabilities and occupancy sensors for
optimized energy use.
SUITABLE APPLICATIONS
• Coolers & Freezers • Greenhouse • Healthcare • Industrial • Natatorium 18 • Food & Beverage Prep • Pharmaceutical • Education • Parking Garage
CERTIFICATIONS
SCAN OR
CLICK HERE
PRODUCT
OVERVIEW
Project Name: Part Number: Type:
SPECIFICATIONS
CONSTRUCTION
Injection molded one piece 5VA rated fiberglass body with chemical resistant finish for rigidity, durability and prolonged life in rough environments. F1 weatherability rated housing. Toolless removable gear tray for quick and easy access to electrical. Captive latches fastened to housing to safely secure lens to housing. Designed to achieve maximum performance and improved aesthetics.
ELECTRICAL
Class 2 LED light engine for high efficacy and long life. Calculated L70 > 100,000hrs.
LED Lumen Maintenance Estimates based on TM-21 projections for the light source at 25C ambient. Power Factor > 0.90. Standard 120-277V ac 0-10V dimmable (10% - 100%) with optional 347V - 480V ac step down transformer. Optional emergency battery backups and generator transfer device available to meet critical life safety lighting requirements. Fixture max ambient reduced for emergency battery backup and step down options.
INSTALLATION
Designed for a variety of mounting applications including surface, pendant, 45 degree wall mount and suspended. Pre-drilled holes on each side of fixture for electrical access and wiring. Hole plugged from factory with rubbed IP rated seal. 1/2” hubs available for threaded power entry from both ends. Toolless hinged removable gear tray for quick and easy access to electrical.
WARRANTY
5 Year Warranty Standard; 10 Year Warranty Optional (Terms and Conditions apply).
CONTROLS
Factory installed Advanced & Basic integral occupancy sensor options available. Fully control light levels for both occupied and unoccupied areas with user selectable bilevel dimming options to meet critical life safety lighting requirements. Advanced controls available for grouping capabilities and BAS operation. See controls pg for more detail (pg. 5).
OPTICS
Robust injection molded and impact resistant PMMA lens options for durability and LED glare reduction. Standard Ribbed Acrylic Frosted (RAFL), with optional Smooth Acrylic Frosted (SAFL), Smooth Acrylic Clear (SACL), Smooth Polycarbonate Frosted (SPFL) and Smooth Polycarbonate Clear (SPCL) lens options. Field removeable lens for easy access to LED boards, drivers and maintenance. IK10 rated with SAFL, SACL, SPFL, & SPCL Lenses. IK07 with RAFL lens. 80 CRI Standard (3000K-5000K) with optional 90 CRI (2700K-5000K).
CERTIFICATIONS
ETL Listed to US and Canadian safety standards. Suitable for Wet Locations. American Recovery and Reinvestment Act Funding Compliant. BAA Compliant. IP65, IP66, IP67 Rated. NSF Listed. 1500 PSI Hosedown Rated. NEMA 4X Rated DLC (DesignLights Consortium) Premium Qualified. Please refer to the DLC Qualified Products List at www. Designlights.org/QPL to confirm specific product qualifications.
DIGITAL NAVIGATION Explore the spec sheet through the links below
PHOTOMETRIC DATA
ORDERING GUIDE AMBIENT TEMP. RANGE LED SYSTEMS TABLE
CONTROLS
WTZ
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5 Y E A R W A R R A N T Y
TITLE IK10 24 RATING
THERMAL
Ambient temperature range -40°F up to 131ºF (-40ºC to 55ºC) on select models with cold start ambient temperature options. Fixture to be mounted at a minimum plenum height of 18” for suspended mounting. Reduced maximum ambient for surface mounting. Reference Ambient Temperature Ratings by lumen package in the Ambient Temperature Range table for more detail.
LINE DRAWINGS
QUICK SHIP
ITEM 16.1. ATTACHMENT 2
www.ilp-inc.com | 407-478-3759 | Sanford, FL | © 2025 Copyright Industrial Lighting Products. All Rights Reserved. REV: 09/25 2 Example: WTZ4-8L-U-30-RAFL-SS-DIM1-EM10-NURO-SP1-FMB/HUB12 PART #
ORDERING GUIDE
SERIES
WTZ2 2ft Amazon
WTZ4 4ft Amazon
WTZ8 8ft Amazon
LUMENS
2L
3L
4L
6L
3L 7L
4L 8L
5L 9L
6L 10L
12L
6L 14L
8L 16L
10L 18L
12L 24L
INPUT VOLTAGE
U 120-277V
CRI/CCT
80CRI/CCT
50 40
35 30
90CRI/CCT 17
927
930
935
940
950
LENS
RAFL Ribbed Acrylic Frosted (Standard)
SAFL Smooth Acrylic Frosted
SACL Smooth Acrylic Clear
SPFL Smooth Polycarbonate Frosted
SPCL Smooth Polycarbonate Clear
POWER ENTRY
BLANK None
EMH1 10 1/2” HUB installed in one end
of housing for power entry
EMH2 11 1/2” HUB installed in both ends
of housing for power entry
WTZ
NARROW LINEAR VAPOR TIGHT
SECURITY
BLANK None
TPS Tamper Proof Screws
ALTERNATE DRIVER
BLANK None
DIM1 1% Dimming Driver
AMBIENT TEMP
BLANK None
CT18 -40°F Cold Start
CONTINUE TO NEXT PAGE
CONTROLS OPTIONS
BASIC ADVANCED
BLANK None BLANK None
WLOS 3,5 Wet-Location Rated On/Off End
Mounted Occupancy Sensor
ESMC/HB 2,5, 8 EasySense High-Bay Sensor
FSP311B/Lx 3,5 Drop Nipple Bluetooth PIR Sensor
Lx = Mounting Height,
- L2 = 10’MH - L3 = 20’MH
WLOSPC 3,5 Wet-Location Rated On/Off End
Mounted Occ Sensor w/ Photocell
USBD 3,5 User Selectable Bi-Leveling
Dimming End Mounted Sensor
NURO 2,5,8,17 NUROAir PIR Sensor
BDxx 3,5 Preset Bi-Level Dimming End
Mounted Sensor
BDxxPC 3,5 Preset Bi-Level Dimming End
Mounted Sensor w/ Photocell
MWS 2,3,4,7 On/Off Microwave Sensor
Installed Behind Lens
MWUSBD 2,3,4,7,9 User Selectable Bi-Level
Dimming Microwave Sensor
Installed Behind Lens
LATCHES
BLANK None
SS Stainless Steel Latches
EMERGENCY
BLANK None
EM5 6 5W LED Battery Backup
EM5/HE 6,14 5W LED Battery Backup
- CEC Title 20 Compliant
EM7 6 7W Battery Backup
EM7/HE 6,14 7W Battery Backup
- CEC Title 20 Compliant
EM10 6 10W Battery Backup
- CEC Title 20 Compliant
EM10/HE 6 10W Battery Backup
- CEC Title 20 Compliant
EM10/HE/SD 6 10W Self-Diagnostic Battery Backup
- CEC Title 20 Compliant
EM12 6 12W Battery Backup
EMCT14 7 14W LED Cold Temp Battery Backup;
-4°F (-20°C) - CEC Title 20 Compliant
GTD 7 Generator Transfer Device
WARRANTY
BLANK 5 Year
10YR 10 Year
WIRING
BLANK None
C6/3W 3-wire cord standard fixtures 6FT
C10/3W 3-wire cord standard fixtures 10FT
C6/4W 4-wire cord for EM fixtures 6FT
C10/4W 4-wire cord for EM fixtures 10FT
C6/5W 5-wire cord for EM fixtures 6FT
C10/5W 5-wire cord for EM fixtures 10FT
3WMR 5 3-wire mini receptacle installed
3WMR/6 5 3-wire mini receptacle installed
with 6ft cord
MOUNTING
BLANK None
FMB/HUB12 13,12,14 Fixture Mounting Box
for Pendant Mounting
with Conduit Hub 1/2”
for Top Power Entry
FMB/HUB34 13,12 Fixture Mounting Box
for Pendant Mounting
with Conduit Hub 3/4”
for Pendant Mounting
PROTECTION
BLANK None
SP1 10kA Surge
Protector
Installed
STEP DOWN
BLANK None
SD347 13,15 347V Step Down
Transformer
SD480 13,15 480V Step Down
Transformer
ITEM 16.1. ATTACHMENT 2
www.ilp-inc.com | 407-478-3759 | Sanford, FL | © 2025 Copyright Industrial Lighting Products. All Rights Reserved. REV: 09/25 3 WTZ
NARROW LINEAR VAPOR TIGHT
ORDERING GUIDE (Continued)
SHIP WITH ACCESSORIES
+WTZ-AC6L-KIT Adjustable 6’ Loop Aircraft Cable Set Kit +WTZ-AC10L-KIT Adjustable 10’ Loop Aircraft Cable Set Kit +WTZ-AC6L/SS-KIT Adjustable 6’ Loop Aircraft Cable Set Stainless Steel Kit +WTZ-AC10L/SS-KIT Adjustable 10’ Loop Aircraft Cable Set Stainless Steel Kit AB45DEG/SS 45 Degree Stainless Steel Angled Mounting Bracket Set MW/RC Programming Tool for MWUSBD Sensor
ES/WWS/DR EasySense Dual Rocker Wireless Wall Switch
¹Reference Ambient Temp. Range Table for more detail (below) 12 One provided per 4ft section 2 IP65 Rated 13 Reference DLC website for current listing 3 IP66 Rated 14 Not available on WTZ2 4 IP67 Rated 15 Not compatible with EM options 5 Does not qualify for NSF 16 When used with PC Lens and SS 6 Operating temp down to 32⁰F 17 Only available in: 7 Operating temp down to -4⁰F 2’: 2L-4L, 4’: 3L-8L, 8’:6L-16L 8 Requires Bluetooth Enabled device for programming (provided by others) 18 Not available with Emergency options 9 Must be used with MW/RC option for commissioning 10 Cannot be used with combination of
End Mounted sensor & power cord
11 Cannot be used w/ End Mounted sensor or power cord
FOOTNOTES
AMBIENT TEMPERATURE RANGE
Part Numbers
Suspended ( 18 in.) Surface Mount
Standard¹ Standard¹
WTZ2-2L-U-XX-RAFL -4ºF to 127ºF -4ºF to 126ºF
WTZ2-3L-U-XX-RAFL -4ºF to 122ºF -4ºF to 112ºF
WTZ2-4L-U-XX-RAFL -4ºF to 115ºF -4ºF to 103ºF
WTZ2-6L-U-XX-RAFL -4ºF to 110ºF -4ºF to 96ºF
WTZ4-3L-U-XX-RAFL -4ºF to 132ºF -4ºF to 130ºF
WTZ4-4L-U-XX-RAFL -4ºF to 129ºF -4ºF to 122ºF
WTZ4-5L-U-XX-RAFL -4ºF to 127ºF -4ºF to 115ºF
WTZ4-6L-U-XX-RAFL -4ºF to 126ºF -4ºF to 113ºF
WTZ4-7L-U-XX-RAFL -4ºF to 125ºF -4ºF to 111ºF
WTZ4-8L-U-XX-RAFL -40ºF to 124ºF -40ºF to 108ºF
WTZ4-9L-U-XX-RAFL -4ºF to 122ºF -4ºF to 104ºF
WTZ4-10L-U-XX-RAFL -40ºF to 130ºF -40ºF to 119ºF
WTZ4-12L-U-XX-RAFL -40ºF to 129ºF -40ºF to 118ºF
WTZ8-6L-U-XX-RAFL -4ºF to 122ºF -4ºF to 117ºF
WTZ8-8L-U-XX-RAFL -40ºF to 129ºF -40ºF to 115ºF
WTZ8-10L-U-XX-RAFL -4ºF to 127ºF -4ºF to 115ºF
WTZ8-12L-U-XX-RAFL -40ºF to 124ºF -40ºF to 120ºF
WTZ8-14L-U-XX-RAFL -4ºF to 125ºF -4ºF to 111ºF
WTZ8-16L-U-XX-RAFL -40ºF to 122ºF -40ºF to 110ºF
WTZ8-18L-U-XX-RAFL -40ºF to 145ºF -40ºF to 133ºF
WTZ8-24L-U-XX-RAFL -40ºF to 122ºF -40ºF to 107ºF
¹CT Cold Temp Start Driver (-40°F) Available for (-4°F) standard products QUICK SHIP ITEMS:
SERIES LUMENS/WATTAGE DRIVER COLOR PRIMARY LENS
WTZ4 4ft Amazon 4L U 120-277V 50 RAFL Ribbed Acrylic Frosted 7L 40
WTZ8 8ft Amazon 12L U 120-277V 50 RAFL Ribbed Acrylic Frosted 40 ITEM 16.1. ATTACHMENT 2
www.ilp-inc.com | 407-478-3759 | Sanford, FL | © 2025 Copyright Industrial Lighting Products. All Rights Reserved. REV: 09/25 4 1 LED Chips are frequently updated therefore values are nominal *Please refer to the DLC Qualified Products List at www. Designlights.org/QPL to confirm specific product qualifications 2 Electrical data at 25°C (77°F) 120V. Actual wattage may differ by +/-10% WTZ
NARROW LINEAR VAPOR TIGHT
SYSTEMS INFO ¹ 3000K 3500K 4000K 5000K
Watts 2 CRI Replaces
Part Numbers Lumens Efficacy Lumens Efficacy Lumens Efficacy Lumens Efficacy WTZ2-2L-U-XX-RAFL 2,355 lm 125 lm/W 2,431 lm 129 lm/W 2,532 lm 135 lm/W 2,532 lm 135 lm/W 19W >80 1T8
WTZ2-2L-U-XX-SAFL 2,316 lm 123 lm/W 2,391 lm 127 lm/W 2,490 lm 132 lm/W 2,490 lm 132 lm/W WTZ2-2L-U-XX-SACL 2,511 lm 133 lm/W 2,592 lm 138 lm/W 2,700 lm 143 lm/W 2,700 lm 143 lm/W WTZ2-2L-U-XX-SPFL 2,143 lm 114 lm/W 2,583 lm 137 lm/W 2,305 lm 122 lm/W 2,305 lm 122 lm/W WTZ2-2L-U-XX-SPCL 2,502 lm 133 lm/W 2,583 lm 137 lm/W 2,691 lm 143 lm/W 2,691 lm 143 lm/W WTZ2-3L-U-XX-RAFL 3,053 lm 124 lm/W 3,152 lm 128 lm/W 3,283 lm 133 lm/W 3,283 lm 133 lm/W 25W >80 1T8
WTZ2-3L-U-XX-SAFL 3,003 lm 122 lm/W 3,100 lm 126 lm/W 3,229 lm 131 lm/W 3,229 lm 131 lm/W WTZ2-3L-U-XX-SACL 3,256 lm 132 lm/W 3,361 lm 136 lm/W 3,501 lm 142 lm/W 3,501 lm 142 lm/W WTZ2-3L-U-XX-SPFL 2,779 lm 113 lm/W 2,869 lm 116 lm/W 2,988 lm 121 lm/W 2,988 lm 121 lm/W WTZ2-3L-U-XX-SPCL 3,244 lm 131 lm/W 3,349 lm 136 lm/W 3,489 lm 141 lm/W 3,489 lm 141 lm/W WTZ2-4L-U-XX-RAFL 3,877 lm 122 lm/W 4,002 lm 126 lm/W 4,169 lm 132 lm/W 4,169 lm 132 lm/W 32W >80 2T8
WTZ2-4L-U-XX-SAFL 3,814 lm 120 lm/W 3,937 lm 124 lm/W 4,101 lm 129 lm/W 4,101 lm 129 lm/W WTZ2-4L-U-XX-SACL 4,039 lm 131 lm/W 4,268 lm 135 lm/W 4,445 lm 140 lm/W 4,445 lm 140 lm/W WTZ2-4L-U-XX-SPFL 3,529 lm 111 lm/W 3,643 lm 115 lm/W 3,795 lm 120 lm/W 3,795 lm 120 lm/W WTZ2-4L-U-XX-SPCL 4,025 lm 130 lm/W 4,253 lm 134 lm/W 4,430 lm 140 lm/W 4,430 lm 140 lm/W WTZ2-6L-U-XX-RAFL 4,968 lm 124 lm/W 5,128 lm 128 lm/W 5,342 lm 134 lm/W 5,342 lm 134 lm/W 40W >80 3T8
WTZ2-6L-U-XX-SAFL 4,887 lm 122 lm/W 5,044 lm 126 lm/W 5,254 lm 131 lm/W 5,254 lm 131 lm/W WTZ2-6L-U-XX-SACL 5,297 lm 133 lm/W 5,468 lm 137 lm/W 5,696 lm 142 lm/W 5,696 lm 142 lm/W WTZ2-6L-U-XX-SPFL 4,522 lm 113 lm/W 4,668 lm 117 lm/W 4,862 lm 122 lm/W 4,862 lm 122 lm/W WTZ2-6L-U-XX-SPCL 5,279 lm 132 lm/W 5,449 lm 136 lm/W 5,676 lm 142 lm/W 5,676 lm 142 lm/W WTZ4-3L-U-XX-RAFL 2,822 lm 134 lm/W 2,913 lm 138 lm/W 3,034 lm 144 lm/W 3,034 lm 144 lm/W 21W >80 1T8
WTZ4-3L-U-XX-SAFL 2,775 lm 132 lm/W 2,865 lm 136 lm/W 2,984 lm 142 lm/W 2,984 lm 142 lm/W WTZ4-3L-U-XX-SACL 3,009 lm 143 lm/W 3,106 lm 148 lm/W 3,235 lm 154 lm/W 3,235 lm 154 lm/W WTZ4-3L-U-XX-SPFL 2,568 lm 122 lm/W 2,651 lm 126 lm/W 2,762 lm 131 lm/W 2,762 lm 131 lm/W WTZ4-3L-U-XX-SPCL 2,998 lm 142 lm/W 3,095 lm 147 lm/W 3,224 lm 153 lm/W 3,224 lm 153 lm/W WTZ4-4L-U-XX-RAFL 3,789 lm 132 lm/W 3,911 lm 137 lm/W 4,074 lm 142 lm/W 4,074 lm 142 lm/W 29W >80 2T8
WTZ4-4L-U-XX-SAFL 3,727 lm 130 lm/W 3,847 lm 134 lm/W 4,007 lm 140 lm/W 4,007 lm 140 lm/W WTZ4-4L-U-XX-SACL 4,040 lm 141 lm/W 4,170 lm 146 lm/W 4,344 lm 152 lm/W 4,344 lm 152 lm/W WTZ4-4L-U-XX-SPFL 3,449 lm 120 lm/W 3,560 lm 124 lm/W 3,708 lm 129 lm/W 3,708 lm 129 lm/W WTZ4-4L-U-XX-SPCL 4,026 lm 141 lm/W 4,156 lm 145 lm/W 4,329 lm 151 lm/W 4,329 lm 151 lm/W WTZ4-5L-U-XX-RAFL 4,818 lm 127 lm/W 4,993 lm 132 lm/W 5,201 lm 137 lm/W 5,201 lm 137 lm/W 38W >80 1T5HO
WTZ4-5L-U-XX-SAFL 4,758 lm 125 lm/W 4,911 lm 129 lm/W 5,116 lm 135 lm/W 5,116 lm 135 lm/W WTZ4-5L-U-XX-SACL 5,158 lm 136 lm/W 5,324 lm 140 lm/W 5,546 lm 146 lm/W 5,546 lm 146 lm/W WTZ4-5L-U-XX-SPFL 4,403 lm 116 lm/W 4,545 lm 120 lm/W 4,734 lm 125 lm/W 4,734 lm 125 lm/W WTZ4-5L-U-XX-SPCL 5,140 lm 135 lm/W 5,306 lm 140 lm/W 5,527 lm 146 lm/W 5,527 lm 146 lm/W WTZ4-6L-U-XX-RAFL 6,050 lm 128 lm/W 6,245 lm 132 lm/W 6,505 lm 137 lm/W 6,505 lm 137 lm/W 47W >80 3T8
WTZ4-6L-U-XX-SAFL 5,950 lm 126 lm/W 6,142 lm 130 lm/W 6,398 lm 135 lm/W 6,398 lm 135 lm/W WTZ4-6L-U-XX-SACL 6,451 lm 136 lm/W 6,659 lm 141 lm/W 6,936 lm 146 lm/W 6,936 lm 146 lm/W WTZ4-6L-U-XX-SPFL 5,506 lm 116 lm/W 5,684 lm 120 lm/W 5,921 lm 125 lm/W 5,921 lm 125 lm/W WTZ4-6L-U-XX-SPCL 6,428 lm 136 lm/W 6,636 lm 140 lm/W 6,912 lm 146 lm/W 6,912 lm 146 lm/W WTZ4-7L-U-XX-RAFL 7,021 lm 127 lm/W 7,247 lm 131 lm/W 7,549 lm 137 lm/W 7,549 lm 137 lm/W 55W >80 3T8
WTZ4-7L-U-XX-SAFL 6,905 lm 125 lm/W 7,128 lm 129 lm/W 7,425 lm 134 lm/W 7,425 lm 134 lm/W WTZ4-7L-U-XX-SACL 7,486 lm 135 lm/W 7,728 lm 140 lm/W 8,050 lm 146 lm/W 8,050 lm 146 lm/W WTZ4-7L-U-XX-SPFL 6,390 lm 116 lm/W 6,596 lm 119 lm/W 6,871 lm 124 lm/W 6,871 lm 124 lm/W WTZ4-7L-U-XX-SPCL 7,460 lm 135 lm/W 7,701 lm 139 lm/W 8,022 lm 145 lm/W 8,022 lm 145 lm/W WTZ4-8L-U-XX-RAFL 8,061 lm 132 lm/W 8,321 lm 136 lm/W 8,668 lm 142 lm/W 8,668 lm 142 lm/W 61W >80 2T5HO
WTZ4-8L-U-XX-SAFL 7,929 lm 129 lm/W 8,185 lm 134 lm/W 8,526 lm 139 lm/W 8,526 lm 139 lm/W WTZ4-8L-U-XX-SACL 8,596 lm 140 lm/W 8,873 lm 145 lm/W 9,243 lm 151 lm/W 9,243 lm 151 lm/W WTZ4-8L-U-XX-SPFL 7,337 lm 120 lm/W 7,574 lm 124 lm/W 7,890 lm 129 lm/W 7,890 lm 129 lm/W WTZ4-8L-U-XX-SPCL 8,566 lm 140 lm/W 8,842 lm 144 lm/W 9,211 lm 150 lm/W 9,211 lm 150 lm/W ITEM 16.1. ATTACHMENT 2
www.ilp-inc.com | 407-478-3759 | Sanford, FL | © 2025 Copyright Industrial Lighting Products. All Rights Reserved. REV: 09/25 5 WTZ
NARROW LINEAR VAPOR TIGHT
1 LED Chips are frequently updated therefore values are nominal *Please refer to the DLC Qualified Products List at www. Designlights.org/QPL to confirm specific product qualifications 2 Electrical data at 25°C (77°F) 120V. Actual wattage may differ by +/-10% SYSTEMS INFO ¹ 3000K 3500K 4000K 5000K
Watts 2 CRI Replaces
Part Numbers Lumens Efficacy Lumens Efficacy Lumens Efficacy Lumens Efficacy WTZ4-9L-U-XX-RAFL 8,703 lm 133 lm/W 8,984 lm 137 lm/W 9,358 lm 143 lm/W 9,358 lm 143 lm/W 66W >80 2T5HO
WTZ4-9L-U-XX-SAFL 8,560 lm 131 lm/W 8,836 lm 135 lm/W 9,205 lm 141 lm/W 9,205 lm 141 lm/W WTZ4-9L-U-XX-SACL 9,280 lm 142 lm/W 9,579 lm 146 lm/W 9,978 lm 152 lm/W 9,978 lm 152 lm/W WTZ4-9L-U-XX-SPFL 7,921 lm 121 lm/W 8,177 lm 125 lm/W 8,518 lm 130 lm/W 8,518 lm 130 lm/W WTZ4-9L-U-XX-SPCL 9,248 lm 141 lm/W 9,546 lm 146 lm/W 9,944 lm 152 lm/W 9,944 lm 152 lm/W WTZ4-10L-U-XX-RAFL 9,528 lm 131 lm/W 9,835 lm 136 lm/W 10,245 lm 141 lm/W 10,245 lm 141 lm/W 73W >80 4T8
WTZ4-10L-U-XX-SAFL 9,372 lm 129 lm/W 9,674 lm 133 lm/W 10,077 lm 139 lm/W 10,077 lm 139 lm/W WTZ4-10L-U-XX-SACL 10,160 lm 140 lm/W 10,487 lm 145 lm/W 10,924 lm 151 lm/W 10,924 lm 151 lm/W WTZ4-10L-U-XX-SPFL 8,672 lm 120 lm/W 8,952 lm 124 lm/W 9,325 lm 129 lm/W 9,325 lm 129 lm/W WTZ4-10L-U-XX-SPCL 10,124 lm 140 lm/W 10,451 lm 144 lm/W 10,886 lm 150 lm/W 10,886 lm 150 lm/W WTZ4-12L-U-XX-RAFL 12,099 lm 130 lm/W 12,490 lm 134 lm/W 13,010 lm 139 lm/W 13,010 lm 139 lm/W 93W >80 3T5HO
WTZ4-12L-U-XX-SAFL 11,901 lm 128 lm/W 12,285 lm 132 lm/W 12,797 lm 137 lm/W 12,797 lm 137 lm/W WTZ4-12L-U-XX-SACL 12,902 lm 138 lm/W 13,318 lm 143 lm/W 13,873 lm 149 lm/W 13,873 lm 149 lm/W WTZ4-12L-U-XX-SPFL 11,013 lm 118 lm/W 11,368 lm 122 lm/W 11,842 lm 127 lm/W 11,842 lm 127 lm/W WTZ4-12L-U-XX-SPCL 12,857 lm 138 lm/W 13,271 lm 142 lm/W 13,824 lm 148 lm/W 13,824 lm 148 lm/W WTZ8-6L-U-XX-RAFL 6,314 lm 136 lm/W 6,517 lm 140 lm/W 6,789 lm 146 lm/W 6,789 lm 146 lm/W 47W >80 2T8
WTZ8-6L-U-XX-SAFL 6,210 lm 134 lm/W 6,411 lm 138 lm/W 6,678 lm 144 lm/W 6,678 lm 144 lm/W WTZ8-6L-U-XX-SACL 6,732 lm 145 lm/W 6,950 lm 150 lm/W 7,239 lm 156 lm/W 7,239 lm 156 lm/W WTZ8-6L-U-XX-SPFL 5,747 lm 124 lm/W 5,932 lm 128 lm/W 6,179 lm 133 lm/W 6,179 lm 133 lm/W WTZ8-6L-U-XX-SPCL 6,709 lm 144 lm/W 6,925 lm 149 lm/W 7,214 lm 155 lm/W 7,214 lm 155 lm/W WTZ8-8L-U-XX-RAFL 8,307 lm 132 lm/W 8,575 lm 137 lm/W 8,932 lm 142 lm/W 8,932 lm 142 lm/W 63W >80 2T8
WTZ8-8L-U-XX-SAFL 8,171 lm 130 lm/W 8,434 lm 134 lm/W 8,786 lm 140 lm/W 8,786 lm 140 lm/W WTZ8-8L-U-XX-SACL 8,858 lm 141 lm/W 9,143 lm 146 lm/W 9,524 lm 152 lm/W 9,524 lm 152 lm/W WTZ8-8L-U-XX-SPFL 7,561 lm 120 lm/W 7,805 lm 124 lm/W 8,130 lm 130 lm/W 8,130 lm 130 lm/W WTZ8-8L-U-XX-SPCL 8,827 lm 141 lm/W 9,112 lm 145 lm/W 9,491 lm 151 lm/W 9,491 lm 151 lm/W WTZ8-10L-U-XX-RAFL 9,802 lm 129 lm/W 10,118 lm 133 lm/W 10,540 lm 138 lm/W 10,540 lm 138 lm/W 76W >80 3T5HO
WTZ8-10L-U-XX-SAFL 9,641 lm 127 lm/W 9,952 lm 131 lm/W 10,367 lm 136 lm/W 10,367 lm 136 lm/W WTZ8-10L-U-XX-SACL 10,452 lm 137 lm/W 10,789 lm 142 lm/W 11,239 lm 147 lm/W 11,239 lm 147 lm/W WTZ8-10L-U-XX-SPFL 8,922 lm 117 lm/W 9,210 lm 121 lm/W 9,594 lm 126 lm/W 9,594 lm 126 lm/W WTZ8-10L-U-XX-SPCL 10,416 lm 137 lm/W 10,752 lm 141 lm/W 11,200 lm 147 lm/W 11,200 lm 147 lm/W WTZ8-12L-U-XX-RAFL 10,968 lm 135 lm/W 11,321 lm 139 lm/W 11,793 lm 145 lm/W 11,793 lm 145 lm/W 81W >80 6T8
WTZ8-12L-U-XX-SAFL 10,788 lm 133 lm/W 11,136 lm 137 lm/W 11,600 lm 143 lm/W 11,600 lm 143 lm/W WTZ8-12L-U-XX-SACL 11,695 lm 144 lm/W 12,072 lm 148 lm/W 12,575 lm 155 lm/W 12,575 lm 155 lm/W WTZ8-12L-U-XX-SPFL 9,983 lm 123 lm/W 10,305 lm 127 lm/W 10,734 lm 132 lm/W 10,734 lm 132 lm/W WTZ8-12L-U-XX-SPCL 11,654 lm 143 lm/W 12,030 lm 148 lm/W 12,531 lm 154 lm/W 12,531 lm 154 lm/W WTZ8-14L-U-XX-RAFL 13,468 lm 130 lm/W 13,903 lm 134 lm/W 14,482 lm 140 lm/W 14,482 lm 140 lm/W 103W >80 6T8
WTZ8-14L-U-XX-SAFL 13,247 lm 128 lm/W 13,675 lm 132 lm/W 14,245 lm 138 lm/W 14,245 lm 138 lm/W WTZ8-14L-U-XX-SACL 14,361 lm 139 lm/W 14,825 lm 143 lm/W 15,442 lm 149 lm/W 15,442 lm 149 lm/W WTZ8-14L-U-XX-SPFL 12,259 lm 119 lm/W 12,654 lm 122 lm/W 13,182 lm 127 lm/W 13,182 lm 127 lm/W WTZ8-14L-U-XX-SPCL 14,311 lm 138 lm/W 14,773 lm 143 lm/W 15,389 lm 149 lm/W 15,389 lm 149 lm/W WTZ8-16L-U-XX-RAFL 15,218 lm 130 lm/W 15,709 lm 134 lm/W 16,363 lm 139 lm/W 16,363 lm 139 lm/W 117W >80 4T5HO
WTZ8-16L-U-XX-SAFL 14,968 lm 127 lm/W 15,451 lm 132 lm/W 16,095 lm 137 lm/W 16,095 lm 137 lm/W WTZ8-16L-U-XX-SACL 16,227 lm 138 lm/W 16,750 lm 143 lm/W 17,448 lm 149 lm/W 17,448 lm 149 lm/W WTZ8-16L-U-XX-SPFL 13,851 lm 118 lm/W 14,298 lm 122 lm/W 14,894 lm 127 lm/W 14,894 lm 127 lm/W WTZ8-16L-U-XX-SPCL 16,170 lm 138 lm/W 16,692 lm 142 lm/W 17,387 lm 148 lm/W 17,387 lm 148 lm/W WTZ8-18L-U-XX-RAFL 16,614 lm 136 lm/W 17,149 lm 140 lm/W 17,864 lm 146 lm/W 17,864 lm 146 lm/W 122W >80 6T5HO
WTZ8-18L-U-XX-SAFL 16,341 lm 133 lm/W 16,868 lm 138 lm/W 17,571 lm 144 lm/W 17,571 lm 144 lm/W WTZ8-18L-U-XX-SACL 17,715 lm 145 lm/W 18,286 lm 150 lm/W 19,048 lm 156 lm/W 19,048 lm 156 lm/W WTZ8-18L-U-XX-SPFL 15,122 lm 124 lm/W 15,609 lm 128 lm/W 16,260 lm 133 lm/W 16,260 lm 133 lm/W WTZ8-18L-U-XX-SPCL 17,654 lm 144 lm/W 18,223 lm 149 lm/W 18,982 lm 155 lm/W 18,982 lm 155 lm/W WTZ8-24L-U-XX-RAFL 21,936 lm 136 lm/W 22,644 lm 140 lm/W 23,587 lm 146 lm/W 23,587 lm 146 lm/W 162W >80 6T5HO
WTZ8-24L-U-XX-SAFL 21,576 lm 133 lm/W 22,272 lm 138 lm/W 23,200 lm 144 lm/W 23,200 lm 144 lm/W WTZ8-24L-U-XX-SACL 23,390 lm 145 lm/W 24,145 lm 149 lm/W 25,151 lm 156 lm/W 25,151 lm 156 lm/W WTZ8-24L-U-XX-SPFL 19,966 lm 124 lm/W 20,610 lm 128 lm/W 21,469 lm 133 lm/W 21,469 lm 133 lm/W WTZ8-24L-U-XX-SPCL 23,309 lm 144 lm/W 24,061 lm 149 lm/W 25,064 lm 155 lm/W 25,064 lm 155 lm/W ITEM 16.1. ATTACHMENT 2
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NARROW LINEAR VAPOR TIGHT
WLOS
Standard on/off wet location rated PIR occupancy sensor. Comes with 360 degree lens.
Sensor mounted off end of fixture.
USBD
User Selectable Bi-Level Dimming wet location rated PIR occupancy sensor. Allows the end user to manually select the unoccupied dimming level. Once motion is detected, the fixture will return to 100% light output. Sensor mounted off end of fixture.
WLOSPC
Standard on/off wet location rated PIR occupancy sensor with photocell control. When installed, fixture will not activate unless 1. motion is detected and 2. light levels are below the preset level. When activated, fixture will turn on to 100% light output and will only shut off when one of the two levels listed above are met. If no motion is detected and light levels fall below preset level the fixture remains off. Sensor mounted off end of fixture.
BDxx
Factory set Bi-Level Dimming wet location rated PIR occupancy sensor. Sensor is set to dim level, as indicated in the “xx” portion of the part number, when the area is unoccupied. Example: BD20 sets the fixture to dim down to 20% lumen output when the area is unoccupied. Once motion is detected, the fixture will return to 100% light output. Sensor mounted off end of fixture.
BDxxPC
Factory set Bi-Level Dimming with motion and photocell. Sensor is set to dim level, as indicated in the “xx” portion of the part number, when the area is unoccupied and will not return to 100% light output unless 1. motion is detected and 2.the light level is below the preset level. Example:
BD20PC sets the fixture to dim down to 20% lumen output when the area is unoccupied and will not return to 100% light output unless the above conditions are met for both motion and light level readings. Sensor mounted off end cap of fixture.
CONTROLS OPTIONS
BASIC
MWS
Standard on/off wet location rated microwave occupancy sensor. Sensor installed on LED gear tray behind lens.
MWUSBD
User Selectable Bi-Level Dimming wet location rated microwave occupancy sensor. Allows the end used to manually select the unoccupied dimming level. Once motion is detected, the fixture will return to 100% light output. Requires use of MW/RC programming tool; one needed per project. Sensor installed on LED gear tray behind lens.
EASYSENSE
NUROAir by ILLUMUS
NURO
NUROAir Plug n Play Bluetooth Sensor is the optimal groupable controls lighting solution. With main features such as Plug and Play, PIR Motion Sensing, Occupancy/Vacancy and Daylight Harvesting (WHT) - this flexibility makes the NUROAir Plug n Play Sensor ideal for tailoring lighting to specific space needs, optimizing both ambiance and efficiency. The NUROAir App, available for download on iOS and Google Play Store, offers a user-friendly interface for automatic or manual customization of your space. Through the app, users can configure sensor settings such as the Light Output, CCT, Hold Time, Standby Time/Level, High/Low End Trim, Background Light Level, Set Schedules, and Control Lighting Groups or Zones, all from a mobile or tablet device. Manual control is also available with a range of compatible wireless & wired wall switch options.
Click Here or Scan Code
to Learn More About
NUROAir Bluetooth Controls
ADVANCED
Philips ESMC/HB
EasySense sensor combines occupancy sensing, daylight
harvesting and institutional tuning in one compact solution.
This is an ideal control for any high bay application. Each device allows you to turn on/off occupancy and/or daylight harvesting functions as well as set the full light output, background light level, occupancy prolong time, occupancy grace fading time & occupancy time out/hold time. Easily Controlled via Mobile Phone with Philips MasterConnect Bluetooth App. (Sold separately). Sensor mounted off end cap of fixture.
CONTROLS OPTIONS
Default Factory Settings
Occupancy Sensing Based on 52ft mounting height
ITEM 16.1. ATTACHMENT 2
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NARROW LINEAR VAPOR TIGHT
ADVANCED
CONTROLS OPTIONS
DROP NIPPLE SENSOR
FSP311B/Lx
FSP-311 offers fully
adjustable high and
low dimmed light levels
with optional photocell.
Hold off setpoint with
automatic calibration
option. Adjustable
time delay and cut off
delay. Sensor adjustable
programming via iOS® or
Android® ‘Sensor Configuration’ App. Sensor mounted on center driver channel.
0.64"
16.33mm
1.29"
5.71"
54.83mm
32.80mm
70.74mm
145.01mm
2.16"
2.79"
FSP-3x1B-D
FACTORY DEFAULTS
High Mode.....................................................................10 V Low Mode .......................................................................1 V Time Delay.................................................................. 5 min Cut Off............................................................................1 hr Sensitivity .....................................................................High Hold Off ................................................................. Disabled Ramp Up................................................................ Disabled Fade Down............................................................. Disabled Photocell Setpoint for On/Off................................. Disabled Continuous Dimming.............................................. Disabled FSP-311/L3
Top View Side View
FSP-311/L7
Top View Side View
ITEM 16.1. ATTACHMENT 2
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MOUNTING OPTIONS
WTZ
NARROW LINEAR VAPOR TIGHT
+WTZ-ACxL-KIT
Adjustable loop aircraft
cable set (x = 6' or 10')
Stainless Steel Mounting Brackets
Provided standard for dual point chain, cable hanging,
and surface mount.
AB45DEG/SS
(x = 6’ or 10’) 45◦ Stainless Steel Angled Wall Mount Bracket. Two standard per set. One set required per fixture.
FMB/HUB34 or FMB/HUB12
Fixture Mounting Box utlized when pendant mounting.
One needed per 4ft section.
ITEM 16.1. ATTACHMENT 2
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LINE DRAWINGS
WTZ
NARROW LINEAR VAPOR TIGHT
WTZ4
Side View
Side View
Side View
Top View
Top View
Top View
End View
End View
End View
LENS TYPE:
RAFL
LENS TYPE:
SAFL
SACL
SPFL
SPCL
WTZ8
4.2 4.2
4.3 4.2
51.8 7.2
100.0
7.2 4.3 4.2
27.7 7.2
WTZ2
LENS TYPE:
RAFL
LENS TYPE:
SAFL
SACL
SPFL
SPCL
LENS TYPE:
RAFL
LENS TYPE:
SAFL
SACL
SPFL
SPCL
ITEM 16.1. ATTACHMENT 2
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PHOTOMETRIC DATA
WTZ
NARROW LINEAR VAPOR TIGHT
LUMINAIRE DATA
Part Number WTZ2-4L-U-50-RAFL
Description 2ft Amazon Vapor Tight, 4,000 Lumens,
Ribbed Frosted Acrylic Lens
Fixture Lumens (lm) 4,172 lm
Wattage (W) 80 W
Efficacy (lm/W) 164 lm/W
Mounting Suspended
Spacing Criteria 0° = 1.30, 90° = 1.29
LUMINAIRE DATA
Part Number WTZ4-8L-U-50-RAFL
Description 4ft Amazon Vapor Tight, 8,000 Lumens,
Ribbed Frosted Acrylic Lens
Fixture Lumens (lm) 8,673 lm
Wattage (W) 80 W
Efficacy (lm/W) 152 lm/W
Mounting Suspended
Spacing Criteria 0° = 1.29, 90° = 0.77
LUMINAIRE DATA
Part Number WTZ8-16L-U-50-RAFL
Description 8ft Amazon Vapor Tight,16,000 Lumens,
Ribbed Frosted Acrylic Lens
Fixture Lumens (lm) 16,371 lm
Wattage (W) 80 W
Efficacy (lm/W) 159 lm/W
Mounting Suspended
Spacing Criteria 0° = 1.26, 90° = 1.26
ZONAL LUMEN SUMMARY
Zone Lumens (lm) % Fixture
0° - 40° 1,744 42%
0° - 60° 3,043 73%
0° - 90° 4,010 96%
90° - 180° 162 4%
0° - 180° 4,172 100%
ZONAL LUMEN SUMMARY
Zone Lumens (lm) % Fixture
0° - 40° 3,626 42%
0° - 60° 6,327 73%
0° - 90° 8,338 96%
90° - 180° 336 4%
0° - 180° 8,673 100%
ZONAL LUMEN SUMMARY
Zone Lumens (lm) % Fixture
0° - 40° 6,845 42%
0° - 60° 11,944 73%
0° - 90° 15,737 96%
90° - 180° 634 4%
0° - 180° 16,371 100%
CANDELA PLOT
CANDELA PLOT
CANDELA PLOT
10 20 30 40
50 60
70 80
90 100
450
900
1350
1800
2250
2700
Quadralaterally Symmetric
Solid: 0 Degrees
Small Dash: 45 Degrees
Large Dash: 90 Degrees
10 20 30 40
50 60
70 80
90 100
1000
2000
3000
4000
5000
Quadralaterally Symmetric
Solid: 0 Degrees
Small Dash: 45 Degrees
Large Dash: 90 Degrees
10 20 30 40
50 60
70 80
90 110 100
200
400
600
800
1000
1200
Quadralaterally Symmetric
Solid: 0 Degrees
Small Dash: 45 Degrees
Large Dash: 90 Degrees
ITEM 16.1. ATTACHMENT 2
12-Sep-25
MET NOT MET NA
CHAPTER 1 - GOALS
1.2.1 Provide an incentive to construct mixed-use and multi-family housing through a set of design guidelines that can be approved at the staff level, providing certainty of design review approval and a more concrete approvals process time line.
Following Checklist only includes designguidelines applicable to subject project. X
1.2.2 Elevate, improve, and in some cases, maintain architectural variety, integrity, and quality.
The proposed Mediterranean style features stucco walls that extend to the ground and are complemented by a variety of window trim articulation. These trims enhance the window expression by adding depth and shadow lines. The design also incorporates varied window sizes, with a high wall-to window ratio. Brick veneer is used to accentuate the entries to the common breezeways, adding texture and emphasis. The roof transitions smoothly with a pitch slope, and water drainage is managed through gutters and downspouts. The overall aesthetic is elevated by a mix of primary and secondary volumes, creating visual interest. See comments for chapter 7 for more
details.
X
1.2.3 Create human-scale development that contributes to pedestrian-oriented streets and boulevards.
Pedestrian access is provided at both public streets. The apartments activate the internal streets with balconies, windows, connecting paths, and landscape. A continuous network of internal pedestrian circulation is lined with landscape connecting to key amenity
spaces throughout the site.
X
1.2.4 Create interest and break up the overall mass of larger buildings.
The project complies with massing and articulation techniques, resulting in a wellscale and visually engaging design. Building forms are broken up through varied materials, colors, integrated patio and balconies, recessed stairway entrances and a varying roofline.
X
1.2.5 Animate building edges on the ground floor to create an inviting public realm with frequent windows, entries and outdoor dining (where appropriate) along the street to provide visual interest and promote a pedestrian-friendly environment.
The ground floor frontage creates a vibrant public realm through a thoughtfully designed streetscape. A generous setback enhanced
with landscape, windows at every 12’ of wall or so, varied window treatment for visual interest, wall recesses for massing breaks, and decks and or patios that animate the facade.
X
1.2.6 Orient building façades to frame the streets and other public spaces with sufficient building enclosure particularly on the first two floors. Strategic apartment placement with ample open space. X
1.2.7 Where multi-family and mixed-use development abuts single-family neighborhoods, provide for graceful transitions between the small-scale increment of the latter and largerscale format of multi-family and mixed-use structures.
There is a minimum ±125’ separation between our project and the existing singlefamily homes to the north and the proposed east single family attached development.
Our project compliments and seamlessly transitions between styles of the surrounding context.
X
1.2.8 Enhance and highlight architectural building features, highlight the entrance and pathway to shops, restaurants, and businesses, create ambiance and visual interest along streets at night, encouraging pedestrians to linger and stroll, and illuminate signing and business address for patrons and emergency service providers.
The proposed lighting approach will enhance the architectural character of the building while emphasizing key features such as entrances and pathways to site amenities. By creating an visual interest along the streetscape, the design encourages pedestrians to linger, explore, and engage with the surrounding environment. Additionally, illumination of monument signage.
X
CHAPTER 2 - SITE PLANNING
2.2.1 New development on parcels larger than two (2.0) acres in size should provide new streets and sidewalks and street trees along both sides of the street.
Development and Parcel Exceed 2.0 Acres and Street Frontages on Sunrise and Chrysanthy are complete and in place. Street Trees are proposed for both frontages per the following guidelines with the exception that Sunrise Frontage is encumbered with overhead power lines which restricts tree height to 20-foot max per SMUD Standards.
X
2.2.2 New buildings and additions that are fifty percent (50%) or more of existing floor area in size shall construct sidewalks, remove and replace dead or overgrown landscaping, and plant street trees.
Project proposes new sidewalks and based on our review the existing landscaping at the corner of Sunrise and Chrysanthy is in food condition and no replacement is anticipated.
X
COMPLIANCE
ASTERIA FLATS APARTMENTS
MULTI-FAMILY RESIDENTIAL STREAMLINED DESIGN REVIEW (MSDR-1222-0001)
MULTIFAMILY DESIGN GUIDELINE CHECKLIST COMPLIANCE MATRIX
SECTION STANDARD SOLUTION - DESCRIPTION COMMENT
ITEM 16.1. ATTACHMENT 2
2.2.3 All other projects requiring planning permits/approval shall remove and replace missing or dead landscaping (including street trees).
Project proposes new sidewalks and based on our review the existing landscaping at the corner of Sunrise and Chrysanthy is in food condition and no replacement is anticipated.
X
2.2.4 All new streets shall be improved with curbs, gutters, and sidewalks. Public Streets on Sunrise and Chrysanthy are complete and in place with vehicle travel lanes, bike lanes, curb & gutter, and sidewalks. X
2.4.1 Length along front street: one-hundred fifty feet minimum (150’-0” min.); five-hundred sixty-five feet maximum (565’-0” max.)
Please see Sheet C2.0 Context Site Plan for Dimensions of Blocks to include Street Frontage, Length, Depth & Blocks.
Per communication with the City Planning team on July 14, 2025 we are adhering to the following: "For block length, it should be measured along the street frontage of Sunrise Boulevard and Chrysanthy Boulevard. The shorter parcel line is usually treated as the “front”, and the longer parcel line is the “side.” The length of the block is the distance along a street between two intersecting streets. You can measure this at the centerline of the streets. For your proposed development, we can consider the driveways as “streets.” You may count the gated EVA as a “street intersection” along Chrysanthy Boulevard. " X
2.4.2 Depth along side street: one-hundred fifty feet minimum (150’-0” min.); four-hundred fifty feet maximum (450’-0” max.)
Please see Sheet C2.0 Context Site Plan for Dimensions of Blocks to include Street Frontage, Length, Depth & Blocks.
Per communication with the City Planning team on July 14, 2025 we are adhereing to the following: "For block length, it should be measured along the street frontage of Sunrise Boulevard and Chrysanthy Boulevard. The shorter parcel line is usually treated as the “front”, and the longer parcel line is the “side.” The length of the block is the distance along a street between two intersecting streets. You can measure this at the centerline of the streets. For your proposed development, we can consider the driveways as “streets.” You may count the gated EVA as a “street intersection” along Chrysanthy Boulevard. " X
2.4.3 Blocks longer than four-hundred fifty- feet (450’-0”) should provide a pedestrian passage or alley that connects the front street to the rear street or the side street to the opposite side street.
Please see Sheet C2.0 Context Site Plan for Dimensions of Blocks to include Street Frontage, Length, Depth & Blocks.
Per communication with the City Planning team on July 14, 2025 we are adhereing to the following: "For block length, it should be measured along the street frontage of Sunrise Boulevard and Chrysanthy Boulevard. The shorter parcel line is usually treated as the “front”, and the longer parcel line is the “side.” The length of the block is the distance along a street between two intersecting streets. You can measure this at the centerline of the streets. For your proposed development, we can consider the driveways as “streets.” You may count the gated EVA as a “street intersection” along Chrysanthy Boulevard. " X
2.5.1 Street tree spacing should be between twenty-five and forty-five feet (25’-0” and 45’-0”) on center with adjustments in spacing pursuant to public works standards.
Proposed street trees are shown at 45' o.c., except for where conflicts are with light standards or overhead power lines. X
2.5.2.a
Street trees on a given block shall be of two or three species in order to reduce problems with major pests or disease. They shall be selected per the primary solar orientation of the street as follows: a. Streets oriented primarily in a north-south direction: Deciduous or Evergreen Trees
The project includes (6) different tree species for street trees, including deciduous and evergreen species, all selected from the City's approved tree list. Final species selection shall occur with final design.
X
2.5.2.b
Street trees on a given block shall be of two or three species in order to reduce problems with major pests or disease. They shall be selected per the primary solar orientation of the street as follows: b. Streets oriented primarily in an east-west direction: Deciduous Trees, The project includes (6) different tree species for street trees, including deciduous and evergreen species, all selected from the City's approved tree list. Final species selection shall occur with final design.
X
2.5.3 Where appropriate, native California tree species shall be used in combination with other drought tolerant species.
The project includes CA native species, as well as drought tolerant species. All species have either a low or moderate classications (WUCOLS), with the majority having a low water-use classification.
X
2.5.4 Irrigation to parkways or tree wells shall be provided as an extension of the on-site system and is the responsibility of the property owner. Understood, this will be incorporated into the final design. X
2.6 Pedestrian-scaled street lighting should be provided along public sidewalks and public park pathways. The bottom of a lamp along a sidewalk or other path being lighted should not be more than twenty-feet (20’-0”) above the ground.
Existing Public Street Lights exist along both Sunrise & Chrysanthy along the properties frontages. No changes to these existing street lights are proposed along the street frontage to comply with the subject design guideline.
X
CHAPTER 3 - BUILDING TYPE STANDARDS
ITEM 16.1. ATTACHMENT 2
3.4 Courtyard Building/Bungalow Court
Per conversations with City Planning Staff on 3/26/2025 and 7/14/2025, this project most conforms to the Courtyard Building/Bungalow Court building type based on the proposed project being multi-family units arranged around a central courtyard or series
of courtyards at grade. Further, pursuant to those conversations, the Applicant has provided proper justification for each of the Building Type Standards for Courtyard Building/Bungalow Court and provided context and justification for the Courtyard Building/Bungalow Court standards that the project does not meet .
X
3.4.A
A grouping of townhouses or multi-family units arranged around a central courtyard or series of courtyards at grade or above a parking podium. The building may contain residential or commercial uses, and parking is below ground or accommodated in up to two above-grade podium levels.
The proposed multifamily development consists of 10, 3 story apartment buildings arranged with open courtyards between or adjacent to each building consisting of active and passive open spaces for residents and at grade parking. The project consists of 236 units with a mix of one, two, three and four ‐
bedroom units. Per
conversations with City Planning Staff on 3/26/2025 and 7/14/2025, this project most conforms to the Courtyard Building/Bungalow Court building type based on the proposed project being multi-family units arranged around a central courtyard or series
of courtyards at grade. Further, pursuant to those conversations, the Applicant has provided proper justification for each of the Building Type Standards for Courtyard Building/Bungalow Court and provided context and justification for the Courtyard Building/Bungalow Court standards that the project does not meet.
X
3.4.B.1 Maximum height: sixty-five feet (65’-0”). The buildings meets the height and massing standards. See elevations A3.0 series X
3.4.C.1
The internal courtyard should be accessible from the street, through the frontage. Where the internal courtyard is located above
the ground plane, a grand public stair is encouraged. Access may be gated.
Internal courtyards are accessed directly from common breezeways, or paths from the street. X
3.4.C.2 The primary entrance to each ground-floor unit should be directly from the street or courtyard. Entrances should occur at a maximum interval of sixty feet (60’-0”).
A continuous path is designed to have access to all courtyards or outdoor amenity spaces.The building is a 3-Story Walk-Up, therefore primary entrance to each ground level unit is not possible directly from the street/ courtyard. Per conversations with City Planning Staff on 7/14/2025, parking-oriented building entrances would be acceptable so long as the Applicant provided proper justification for the decision.
X
3.4.C.3 Primary access to units above the ground floor should be through a lobby accessed from the street or the courtyard.
There are two lobbies per building that are accessed from the internal “street” side of each building for convenient access to parking. The primary access to the units on the upper levels are through a common stairway that serves for 4 units at each due to accessibility, resident convenience, safety, and operational efficiency purposes.
Placing the primary building entrances adjacent to the parking lot allows for the shortest, most level path from accessible parking spaces to the front door, reducing travel distance for people with mobility challenges. Per conversations with City Planning Staff on 7/14/2025, parking-oriented building entrances would be acceptable so long as the Applicant provided proper justification for the decision.
X
3.4.D.1 Parking may be accommodated in up to two levels of above-ground podium, below ground, or both.
Parking is located on the ground level internally within the project. All parking stalls meet zoning standards including 9x19 stall size. Refer to sheet A1.1 for dimensions. X
3.4.D.2 A liner of habitable space should conceal above-ground podium parking garages from view. The majority of the parking is concealed behind the apartment buildings. X
3.4.D.3 Residential parking should be separate from retail parking, except for any residential guest parking. There is no Retail component to the proposed Project. X
3.4.D.4 Parking stalls should meet the construction and maintenance standards of the Zoning Standards.
Parking Stalls are designed to be 9'X19' with Compact Spaces at 9'X16' and number provided meets the minimum requirements. Ownership agrees to Construct and Maintain per Zoning Standards.
X
3.4.E.1
Outdoor Space: Amount required: at least fifteen percent (15%) of the lot area should be provided as outdoor space. This number is calculated as cumulative private and common outdoor space.
See Sheet L4 which shows 16+% of the site as open space. X
3.4.E.2 Outdoor Space: Common space shall be incorporated into the site plan as a primary design feature and not just as remnant pieces.
Open space is provided througout the project in areas convenient to the tenants, and their design is such as to allow for varied use by all ages. X
3.4.E.3 Outdoor Space: Types: Permitted outdoor space types that count toward the satisfaction of the required amount of outdoor space are: patios, verandas, and courtyards. These types of spaces are included in the outdoor spaces of the projects. X
3.4.E.4
Outdoor Space: Dimensions: The minimum courtyard dimension should be thirty feet (30’- 0”) on one side for buildings. If the courtyard is surrounded by three (3) or more sides or if the building is three (3) or more stories, the minimum dimension on one (1) side should be forty feet (40’-0”).
The outdoor spaces are of a varied sizes. Not outdoor space open space is less than 3,000-sf in size, with the largest being nearly 20,000-sf (clubhouse area). X ITEM 16.1. ATTACHMENT 2
3.4.E.5
Outdoor Space: Encroachments: Encroachments into the outdoor space are permitted on all sides, provided that the minimum thirty feet (30’-0”) dimensions is maintained, exclusive of the encroachments.
The design and layout for the outdoor spaces account for building bumpouts. X
3.4.E.6
Outdoor Space: Design: the outdoor space must be open to the sky, except for any allowable encroachment and any shade structures within the space. Communal outdoor spaces should provide a high quality amenity and be easily accessible for all residents.
Outdoor spaces are open to the sky and area easily accessible for all users. X
3.4.E.7 Outdoor Space: All outdoor space should be landscaped or hardscaped. In hardscaped areas, the use of permeable paving and planters in encouraged.
Outdoor spaces include softscape and hardscape, as appropriate for the uses are each space. X
3.4.E.8 Outdoor Space: At least twenty-five percent (25%) of the required on-site outdoor space should be planted with ground cover, shrubs, trees, or a combination of thereof.
The outdoor space at the clubhouse area includes the most hardscape of any outdoor space, and includes at least 25% of landscape area. The rest of the outdoor spaces include a higher percentage of landsape area.
X
3.4.E.9.a Outdoor Space: Common Outdoor Spaces: Should be readily assessable from all residential units.
Outdoor spaces are open to the sky and area easily accessible from all units via concrete ADA-accessible pathways. X
3.4.E.9.b Outdoor Space: Common Outdoor Spaces: Amenities should not be placed in remote, hard to see locations.
Amenities are provided in easily accessible and open areas between buildings, along walkways and drive aisles, and in open view corridors along drive aisles and walkways.
X
3.4.E.9.c
Outdoor Space: Common Outdoor Spaces: Amenities that may be counted toward open space requirements: tot lot/play structure, community garden, picnic tables and BBQ area, swimming pool, indoor recreation facility, sport courts, natural open space, and/or other active or recreation areas that meets the intent of this guideline.
The project includes play structures, swimming pool, indoor recreation facility and other active/passive recreational amenities and opportunities. X
3.4.E.9.d
Outdoor Space: Common Outdoor Spaces: Buildings with ground floor office or retail use should provide public spaces with the following amenities: weather protection at each building entrance (individual units and buildings); a plaza or courtyard next to the primary buildings entrances.
There is no Office and/or Retail component to the proposed Project. X
3.4.F.1
Frontage: Portions of façades above forty-five feet (45’-0”) in height and greater than one hundred fifty feet (150’-0”) in length should occupy no more than eighty percent (80%) of the primary facade plane established on the ground floor.
The buildings are belwo 45' in height. X
3.4.F.2
Frontage: Permitted frontage types are: forecourt, storefront, storefront cafe, urban frontage, and dooryard. Developments must also comply with the permitted frontage types of the block development stands.
While not listed as an option for the Courtyard Building/Bungalow Court, the proposed frontage type is Fence and Hedge. We are selecting this frontage type since we plan to implement perimeter fencing to provide privacy and safety for our residents. Further, the Applicant feels that the intent of Fence and Hedge Frontage Type is for residential use and aligns well with the nature of the adjacent uses around the site location, which is less urban than the Design Guidelines account for. The Applicant feels that fencing this site is important for enhanced protection for the project’s residents, which is particularly important on the projects frontage on Sunrise Blvd as it is a Major Thoroughfare in the region with high traffic volumes and posted speed limit of 50 mph. A fence will also allow families with peace of mind for children and pets to play outdoors with confidence and provide the privacy necessary for residential comfort and dignity. Per conversations with City Planning Staff on 7/14/2025, we are permitted to select the Fence and Hedge frontage type so long as we provide proper reasoning even though it’s not listed as a Frontage option under Courtyard Building/Bungalow Court. _______
X
CHAPTER 4 - BUILDING ARTICULATION AND MASSING STANDARDS
4.2 Building Massing and Articulation Techniques
New buildings should be composed of simple, well-proportioned masses designed according to a combination of a minimum of five (5) of the following massing and articulation techniques:
A minimum of five massing and arcticulation techniques is provided. X
4.2.1 Horizontal Articulation: Step a portion of the street-facing façade forward or backward from the predominant façade plane a minimum of six feet (6’-0”) for a minimum distance of twenty-five feet (25’-0”).
The elevations are designed to have many plane breaks along the length of the streetfacing elevations. This is accomplished through patio and balcony pop-outs, which prevent any long length of building frontage from existing uninterrupted. The stairways and associated elements are recessed back
greater than 6' to help break up the façades.
greater than 6' to help break up the façades.
X
4.2.2 Vertical Articulation: Step a portion of the street-facing façade upward or downward from the predominant building height a minimum of four feet (4’-0”) for a minimum distance of twenty-five feet (25’-0”). This technique is useful for “stepping down” the scale of a new building adjacent to an existing smaller building.
The façade at the corners steps down from 3rd to the 2nd level, a drop of approximately 10’. The roof features a combination of roof forms, including gable and shed or monopitched roof.
X
ITEM 16.1. ATTACHMENT 2
4.2.3 Architectural Projections: Append or project façade elements such as balconies, bay windows, cantilevered rooms, and/or awnings.
Each unit has either a Patio or Balcony that projects away from the building. Each of the patio & balcony door walls is then recessed back to further provide relief. X
4.2.4 Architectural Recessions: Recess architectural elements or spaces - such as recessed porches, covered passages, recessed balconies, and windows - into the place of the façade.
Building elevations feature recessed stairways, porches, patios and window trims.
These recessed elements create covered passages, shadow lines and recessed outdoor living areas.
X
4.2.5 Façade Differentiation: Design the façade to appear as though it is composed of two (2) or three (3) distinct “buildings” with differing material and/or color combinations on each “building.”
The building features 2 different wall colors that divide the elevation into distinct façade sections. X
4.2.6 Height Averaging: Up to thirty percent (30%) of the building footprint area may be one story/ten feet (10’-0”) taller than the maximum height allowed in a given zone, provided as equal amount of building footprint area is one story/ten feet (10’-0”) shorter than the maximum allowed height.
The project is a 3-story walkup building, and the required unit count did not allow us to eliminate stories ( or units) from our typical building layout to achieve vertical variation. However, we are removing bedrooms from the 3rd level corner unit to reduce the
massing at the corners.
X
4.2.7.a
Floor Level Articulation: Providing a substantial horizontal articulation of the façade at the top of the first story such as a cornice, belt course, or other such architectural element which is appropriate to the style of the building.
This base is articulated with group windows and patio walls, the middle is defined by windows that include shutters, trim and top with distinct gable rooflines. X
4.2.7.b
Floor Level Articulation: Provide articulation at the parapet (for buildings with flat roofs) or below the eve (for buildings with sloped roofs) that marks the top of the building with a cornice, color change, or material change.
Gables and roof eaves provide roofline articulation. X
4.2.7.c
Floor Level Articulation: For buildings or portions of buildings which are three (3) stories in height or taller, provide articulation for the top story of the building. This may be accomplished by a color change, material change, a cornice/belt course at the bottom of the uppermost story.
Window detailing define the top level. X
4.3.a
Transition to Residential Districts
In areas where proposed mixed-use or multi-family buildings are adjacent to existing single-family homes those portions of the mixed-use or multi-family buildings that abut an existing single-family home should abide by the following; a. Along the border of existing single family homes new structures should not extend above a plane starting at thirty feet (30’-0”) in height and extending in at a 45-degree angle from vertical toward the interior of the site, up to the maximum building height (see Illustration).
There is no Single Family Homes and/or Zoned Single Family Property bordering the subject project. X
4.3.b
Transition to Residential Districts
In areas where proposed mixed-use or multi-family buildings are adjacent to existing single-family homes those portions of the mixed-use or multi-family buildings that abut an existing single-family home should abide by the following; The thirty feet (30’-0”) height measurement should be taken from the same reference grade as determined for the subject site.
There is no Single Family Homes and/or Zoned Single Family Property bordering the subject project. X
4.4.A
Materials, Color Variation, and Architectural Styles
In addition to the articulation and massing strategies, building façades may employ the following material, color, and architectural style techniques: Variety of Materials and Colors Utilize different materials and colors to divide building façades into vertical and/or horizontal increments and/or to emphasize certain architectural elements or features.
Refer to material board on sheet A7.0 for material and color palette. X
4.4.B
Materials, Color Variation, and Architectural Styles
In addition to the articulation and massing strategies, building façades may employ the following material, color, and architectural style techniques: Diversity of Architectural Styles Employ a variety of architectural styles in order to give large buildings the appearance they are comprised of multiple, smaller, attached, village-scale “buildings.” See Section 6 (Architectural Standards).
The buildings are smaller and are not diverse in style. X CHAPTER 5 - FRONTAGE TYPES
ITEM 16.1. ATTACHMENT 2
5.1.a In order for applications to be approved, each application should meet the following criteria as applicable: Creates or maintains a pedestrian oriented streetscape, The proposed Fence and Hedge frontage is consistent with the existing streetscapes along Chrysanthy and Sunrise which consist of wide landscape areas with winding pedestrian pathways and perimeter walls around neighborhoods that are focused inward. The project has been designed be pedestrian oriented while maintaining privacy and security for the residents. The design treats the fence as a subtle frame for public life rather than a barrier. The goal is to maintain an active edge along the street while providing residents with security and privacy. The provided landscaped setbacks provide a green buffer, softens the fence, and offers shade and seasonal interest. Clear sightlines, lighting, and signage will make the pedestrian access points to the site feel inviting. On the interior of the site, a continuous network of internal pedestrian circulation is lined with landscape connecting to key amenity spaces throughout the site creating seamless connections, inviting movement through and around the site. The project has been designed to remain welcoming and pedestrian friendly. The design treats the fence as a subtle frame for public life rather than a barrier. The Applicant feels this is an appropriate design for the context of the neighborhood for this site, which differs from the urban environment assumed in the Design Guidelines.
X
5.1.b
In order for applications to be approved, each application should meet the following criteria as applicable: Generates a transition from the public streetscape to each building and its site.
The proposed Fence and Hedge frontage is consistent with the existing streetscapes along Chrysanthy and Sunrise which consist of wide landscape areas with winding pedestrian pathways and perimeter walls around neighborhoods that are focused inward. The site design intends to guide pedestrians and residents naturally from the active public realm to the semi-private residential environment while reinforcing the character of the neighborhood. The building entrances are designed to create shelter and a strong visual signal of entry. The community building with the leasing office is centrally located with easy access for pedestrians and vehicles. Clear sightlines, lighting, and signage will make the pedestrian access points to the site feel inviting. By layering spaces, integrating landscaping, and providing clear architectural and lighting cues, the design establishes a gradual and intuitive transition from the public streetscape to each building and its site. Internally, the site layout design includes a welcoming sidewalk zone, followed by a landscaped buffer area, and finally the building entrance. The Applicant feels this is an appropriate design for the context of the neighborhood for this site, which differs from the urban environment assumed in the Design Guidelines.
X
5.4.A
Fence and Hedge: Intent Statement
Fence and hedge frontages provide a green buffer for residential ground-floor uses at heavily-trafficked thoroughfares. The fence and hedge frontages provide privacy.
The design anticpates the use of hedges to provide privacy and separation between ground-floor residences and walkways. This will be incorporporated as part of the final design.
X
5.4.B
Fence and Hedge: Entries should be recessed behind fence and an optional hedge. There should be a break for pedestrian access at least every two-hundred feet (200 ft.) But can be frequent if serving row houses.
Building entrances are independent of gated entries because of the building typology.
As the proposed building lobbies are located on the internal “streets” of the project, there are no breaks in the fence for building entries. There are pedestrian gates in perimeter fence accessible from both Chrysanthy and Sunrise. Reducing the number of access points also provides greater security for the project residents and gives families peace of mind with children and pets playing outdoors. The Applicant feels this aligns well with the nature of the adjacent uses around the site location, which is less urban than the Design Guidelines account for and is particularly important on the projects frontage on Sunrise Blvd as it is a Major Thoroughfare in the region with high traffic volumes and posted speed limit of 50 mph.
X
5.4.C Fence and Hedge: Dimensions Fence and hedges should be no taller than forty-inches (40”) tall measured from the sidewalk grade.
Plant species for hedges will be selected with this criteria in mind as part of the final design for the project. Clear views throughout the project and CPTED guidelines are primary criteria used in the development of the final planting plan.
X
5.4.D.1 Fence and Hedge: Paving and Landscaping: Yards should be landscaped with native or adaptive landscaping or hardscape.
Plant species for this project include native species, and all non-native are well adapted for this region. X
5.4.D.2 Fence and Hedge: Paving and Landscaping: Walks should be paved. Walks are paved and will be demonstrated as such as part of the final design. X
5.4.E.1 Fence and Hedge: Additional Standards and Guidelines: If used, hedge should be thick enough to obscure the fence.
This design criteria will be included in the final planting design. Softening of hard elements (e.g. fencing) by placement of planting is a primary design consideration at these types of locations.
X
ITEM 16.1. ATTACHMENT 2
5.4.E.2 Fence and Hedge: Additional Standards and Guidelines: Fence tops should not be visible above hedge upon maturation of landscaping.
Project is proposing a 6' fence height, so we do anticipate that the fence tops will be visible above the matured landscaping. The optional hedge is intentionally omitted to maintain both a sense of security and visual connectivity between the street facing buildings and the street. The Applicant feels that a 6’ fence is important for enhanced protection for the project’s residents, which is particularly important on the projects frontage on Sunrise Blvd as it is a Major Thoroughfare in the region with high traffic volumes and posted speed limit of 50 mph. A fence will also allow families with peace of mind for children and pets to play outdoors with confidence and provide the privacy necessary for residential comfort and dignity. The sense of a protected personal environment reduces stress and fosters a stronger feeling of “home,” which is critical for quality of life. Per conversations with City Planning Staff on 7/14/2025, a 6’ fence would be acceptable so long as the Applicant provided proper justification for the decision.
X
5.4.E.3 Fence and Hedge: Additional Standards and Guidelines: Fences should be metal, wood or vinyl. Chainlink fencing not allowed. Fences are propsed to be decorative metal fencing. X CHAPTER 6 - ARCHITECTURAL STANDARDS
6.2.1 Roof Guidelines: When used, “cool roofs” should be designed using white or other lightly colored surface to reflect the sun and reduce building temperatures and need for cooling. Cool roofs will be provided at flat roofed areas. X
6.2.2 Roof Guidelines: Roof forms and materials that complement the character of the building design should be used. Roof material is in character with architectural style. X
6.2.3 Roof Guidelines: The roof edge should be defined with a parapet, cornice, overhang, or some other architectural element. Roof edges are made up of gables, tile caps, and overhang details. X
6.2.4 Roof Guidelines: Green roofs should be considered for their ability to treat stormwater, as well as to provide a visual amenity. Green roof considered but not implemented. X
6.2.5 Roof Guidelines: Rooftop mechanical equipment should be clustered away from the edge of the building and behind/within an enclosure that is architecturally compatible with other on-site development in terms of colors, materials, and architectural styles so as not to be visible from the street and improve building appearance from surrounding taller buildings.
Rooftop equipment screened by roof. X
6.2.6 Roof Guidelines: Rooftop equipment not within an enclosure should be painted to match the rooftop, if feasible. Roof top equipement will match adjacent color. X
6.2.7 Roof Guidelines: Unenclosed shade structures, and similar amenities should be considered to encourage rooftop use and to provide visual relief. Shade structures should not exceed 16 feet in height from the roof deck floor level and do not count as a Story.
No shade structures provided on roofs. X
6.2.8 Roof Guidelines: Rooftop amenities such as swimming pools are permitted; rooftop amenities do not count as a Story. No rooftop amenities provided. X
6.3.1 Colors and Materials: Changes of exterior color, texture, or material should be accompanied by changes in plane so that buildings appear substantial and integral.
Changes of exterior color, texture, and material are accompanied by changes in plane and/or utilizations of trim / banding to appear substantial and integral. X
6.3.2 Colors and Materials: Color and material changes at the outside of corners of a building or plane change that give a thin veneer, or faux stone appearance, should be avoided. Changes in material on outside corners have been avoided. X
6.3.3 Colors and Materials: Materials that have demonstrated their durability in similar climates, sustainably manufactured, harvested, and/or sourced should be considered. Materials have demonstrated durability in similar climates. X
6.4.1 Entrances: The Primary Entrance to buildings should be oriented to the Street front, or courtyard, rather than to the parking lot, Alley, or interior of lot.
As this is a large site, the proposed project has multiple buildings with building entrances oriented toward it’s Internal “Street fronts” to provide convenient access to parking for residents and their guests. Building entrances are also oriented toward the parking for accessibility, resident convenience, safety and operational efficiency purposes. Placing the primary building entrances adjacent to the parking lot allows for the shortest, most level path from accessible parking spaces to the front door, reducing travel distance for people with mobility challenges. The Applicant feels the design still creates a human-scale mixed-use environment by layering spaces, integrating landscaping, and providing clear architectural and lighting cues, which all help establish a gradual and intuitive environment. Per conversations with City Planning Staff on 7/14/2025, parking-oriented building entrances would be acceptable so long as the Applicant provided proper justification for the decision.
X
ITEM 16.1. ATTACHMENT 2
6.4.2 Entrances: Where side or rear building entrances are provided, they should always be accompanied by a front, street-facing entrance.
As this is a large site, the proposed project has multiple buildings. All of the buildings only have front entrances which are facing the projects internal “Streets”. Because we will be implementing a perimeter fence for privacy and security reasons there are no side of rear building entrances
X
6.4.3 Entrances: On corner lots with one retail frontage, residential lobby entries should be located on the Side Street of the two Streets, where practical, to allow uninterrupted retail on the Primary Street.
There is no retail provided. X
6.4.4 Entrances: Residential entries should be well marked and easy to find. Entry doors should be recessed to articulate the entrance, add depth to the façade, and ensure that doors do not swing into the Sidewalk.
Residential entries are clearly Identifiable. X
6.4.5 Entrances: Residential and/or hotel entries for pedestrians may be accessed from courtyards, which provide additional richness to the streetscape experience.
This sections states Residential entries for pedestrians “may” be accessed from courtyards. As stated above, the building entries are located fronting the projects internal streets. Residential entries are located from common breezeways at each level. Building entrances are oriented toward the parking for accessibility, resident convenience, safety and operational efficiency purposes. Placing the primary building entrances adjacent to the parking lot allows for the shortest, most level path from accessible parking spaces to the front door, reducing travel distance for people with mobility challenges. The Applicant feels the design still creates a human-scale mixed-use environment by layering spaces, integrating landscaping, and providing clear architectural and lighting cues, which all help establish a gradual and intuitive environment. Per conversations with City Planning Staff on 7/14/2025, parkingoriented building entrances would be acceptable so long as the Applicant provided proper justification for the decision.
X
6.4.6 Entrances: Special paving and landscaping should be included at entrances to enhance the overall building design.
Special landscaping is included at entries and enhanced materials are applied to the buildings surrounding the building entrances, however, there is no special paving considered in the design. The building entrances are designed to create shelter and a strong visual signal of entry. Clear sightlines, lighting, and signage will make the pedestrian access points to the site feel inviting. While not contemplating special paving the building entrances have been enhanced, and the Applicant feels they conform to the intent of the Architectural Standards in creating a human-scale mixeduse environment X
6.7.1 Passageways: Common walkways should be introduced to increase access within and across the blocks.
Sidewalks have been incorporated into the site design providing residents access routes from Residential Buildings to Common Areas, other Residential Buildings, Clubhouse, and Public Right of Way. Please see Preliminary Site Plan Sheet C2.1.
X
6.7.2 Passageways: Common walkways may be open or roofed, and may go between or through buildings, to courtyards, parking areas or public open spaces.
Sidewalks have been incorporated into the site design providing residents access routes from Residential Buildings to Common Areas, other Residential Buildings, Clubhouse, and Public Right of Way. Please see Preliminary Site Plan Sheet C2.1.
X
6.8.1 Windows: Windows should overlook public areas to allow for increased safety. Windows face public street frontage. X
6.8.2 Windows: Highly-reflective, mirrored, heavily-tinted and opaque glazing should not be utilized (except that opaque glazing may be used as spandrel glass). Window glazing should be transparent with clear or limited UV tint so as to provide views to and from the inside of the building and the street. Windows into bathrooms are exempt Window glazing is intended to be transparent. X
6.8.3 Windows: Outer surface of window frames facing the public realm set within masonry, stucco or simulated masonry or stucco walls should be recessed from the wall or trim surface by at least two inches (0’-2”).
Trim and shutter on the out perimeter of the window frames create a 2” recess. X
6.8.4 Windows: Regardless of architectural style, windows should be located in such a way so as to help avoid blank walls. Windows are positioned to avoid blank walls. X
6.8.5 Windows: If exterior shutters are used, they should be sized and mounted appropriately to fit the window. Accent Shutters are provided and sized appropriately. X
6.8.6 Windows: Windows and related architectural treatments should be designed, arranged and sized to be appropriate in style, scale, proportion and purpose to the overall architectural form.
Windows are arranged and proportioned to the overall architectural form. X
6.8.7 Windows: Upper-story windows should be designed to be operable. Typically, upper-story windows should be smaller than ground floor windows. Upper story and lower story windows are operable. X
6.8.8 Windows: Lintels, transoms, sills, shutters, trim detailing and mullions should be considered to enhance window elements. Window details include header and sill enhancements. X
6.9 Exterior Stairways: Exterior staircases should share compatibility with the architectural style of the building to which they are attached. The stairway is recessed within the building and compliments the design. X ITEM 16.1. ATTACHMENT 2
6.10.1 Common Open Space: Proposed developments should incorporate site amenities such as linear planting beds or seat walls, street furniture, enhanced paving surfaces, public art, lighting, etc., where appropriate.
Planting beds, seat walls, and site furniture are included at the common open spaces around the site. X
6.10.2 Common Open Space: Plant species should be selected based on their suitability for an urban environment, for their cleanliness, and for their ability to survive in a healthy state despite constrained growing conditions. Ease of maintenance should also be considered.
All of these factors are criteria used in making plant species selection. Final planting design will focus on appropriate plant species for the space and desired use, with a primary focus on mature plant size to reduce the need for high maintenance.
X
6.10.3 Common Open Space: The majority of plant materials should consist of drought tolerant and/or native plants with minimum water requirements.
The project includes CA native species, as well as drought tolerant species. All species have either a low or moderate classication (WUCOLS), with the majority having a low water-use classification.
X
6.10.4 Common Open Space: Turf should only be utilized where it is to be used for recreational uses. Turf should not be located in continuous planters or in front Street or side Street setback areas between the sidewalk and building facade as shown in “landscaped areas” within the frontage standards.
Turf is used in limited locations and for the intention of passive recreational use. Turf is not used anywhere for purely aesthetic purposes. X
6.10.5 Common Open Space: The use of canopy trees for shading and cooling is encouraged where appropriate, particularly in publicly accessible open spaces and plazas, to mitigate the urban heat island effect. Where canopy trees are used, site design should provide sufficiently sized tree pits or planting beds and appropriate planting medium to provide for healthy tree growth.
Shade trees are provided throughout the project for this purpose, especially at common areas. Final design will select tree species per lcoation taking into account the size of the planter at any given location.
X
6.10.6 Common Open Space: Artificial trees, shrubs, turf and plants should not be used as landscape within the public right of way, any parking area, or within an open space area directly visible to from the public right of way.
Artificial plants are not proposed. X
6.10.7 Common Open Space: Decorative water features shall use re-circulating water and, where available, shall use recycled water Decorative water features are not proposed with this project. X
6.10.8.a
Common Open Space: Landscaped areas are important components Water Quality Management Plans (WQMPs). These areas should be designed to: Consider the full range of Best Management Practice (BMP) alternatives for addressing drainage, infiltration, and stormwater quality for the site, including drainage from roofs, plazas, courtyards, and any surface parking areas.
Final planting design for the project will coordinate with the civil engineer's plans to address these items, as feasible. This will be done as part of the final design of the project.
X
6.10.8.b.1
Common Open Space: Landscaped areas are important components Water Quality Management Plans (WQMPs). These areas should be designed to: Utilize Low Impact Development (LID) design principles and practices to address infiltration of runoff through the use of: Pervious surfaces in lieu of impermeable surfaces in plazas, courtyards, and common walkways where technically feasible.
Final planting design for the project will coordinate with the civil engineer's plans to address these items, as feasible. This will be done as part of the final design of the project.
X
6.10.8.b.2
Common Open Space: Landscaped areas are important components Water Quality Management Plans (WQMPs). These areas should be designed to: Utilize Low Impact Development (LID) design principles and practices to address infiltration of runoff through the use of: Landscaped areas integrated into the drainage design where runoff can be directed into planters with subsurface features to further enhance storage or towards permeable surfaces
Final planting design for the project will coordinate with the civil engineer's plans to address these items, as feasible. This will be done as part of the final design of the project.
X
6.10.8.b.3.a
Common Open Space: Landscaped areas are important components Water Quality Management Plans (WQMPs). These areas should be designed to: Utilize Low Impact Development (LID) design principles and practices to address infiltration of runoff through the use of: Do not include Surface infiltration basins unless: They are accommodated within an active or passive park or open space that can be closed during flood events.
Common Open Space will use LID design principles to include pavement disconnect and vegetated planters to treat local runoff from the Common Areas. Surface Infiltration Basins are not proposed and Common Areas are not anticiapted to convey upgradient large stormwater runoff.
X
6.10.8.b.3.b
Common Open Space: Landscaped areas are important components Water Quality Management Plans (WQMPs). These areas should be designed to: Utilize Low Impact Development (LID) design principles and practices to address infiltration of runoff through the use of: Do not include Surface infiltration basins unless: They are not visible from a street or public open space and they are in addition to the required on-site open space.
Common Open Space will use LID design principles to include pavement disconnect and vegetated planters to treat local runoff from the Common Areas. Surface Infiltration Basins are not proposed.
X
6.10.9 Common Open Space: Outdoor dining areas should have special paving and/or a row of planters or bollards, or permeable fence to delineate the dining space.
Outdoor dining areas are not part of this project. That said, for areas similar in nature, such as seating areas, we have provided planters to separate these or otherwise designed to have these spaces be outside of the main flow of pedestrian movement, as much as feasilbe.
X
6.10.10 Common Open Space: Interior courtyards should include seating and planting areas. Low walls and steps may be used as alternative forms of seating. Open spaces included seating. Seat walls are used in some areas. X
6.10.11 Common Open Space: Interior courtyard landscaping should include shade trees or shading devices, where space permits. Shade trees and shade trellises are proposed at common areas. X ITEM 16.1. ATTACHMENT 2
6.10.12 Common Open Space: Lighting should be provided that illuminates the courtyard, but does not negatively impact surrounding buildings.
Lighting will be placed strategically so it doesn't negatively impact surrounding buildings. X
6.11.1 Ventilation: Air ventilation from outdoors is encouraged to improve indoor air quality for occupant comfort and wellbeing. Operable windows are provided at all apartment units. X
6.11.2 Ventilation: Windows, vents, and courtyards should be placed and oriented to enhance cross-ventilation and cooling. Each bedroom and living room has fenestration, allowing for natural ventilation. X
6.11.3 Ventilation: Operable transom windows are highly encouraged.
Operable transom window are not included. The residential floor to ceiling heights are 9’ with the tops of the operable windows at 8’ so there is not enough room for operable transom windows. The applicant understands this is not a firm requirement but rather an encouragement.
X
6.12.1 Garden Walls, Perimeter Walls, Hedges, and Fences: Garden walls, perimeter walls, hedges, and fences may be used to define the edge between adjoining private properties.
Walls, hedges, and fences facing the public Street should also comply with the Frontage Type standards (see Section 3.4).
Fences are proposed along the project edge. The fences and hedges will comply with Section 3.4 except where otherwise descrbied herein. X
6.12.2 Garden Walls, Perimeter Walls, Hedges, and Fences: No fence, wall, or hedge should exceed forty-inches (40”) in height in front yards and street facing side yards or six feet (6’-0”) in height in rear yards.
Final design will incorporate these items. The project is proposing 6' high fencing, so that is an exception. The reason for this descision as as follows:
Enhanced Sercurity - enhanced protection for the projects residents. Beyond the physical deterrence a taller fence will allow families with peace of mind for children and pets to play outdoors with confidence, knowing the barrier is high enough to prevent them from wandering out or strangers from accessing their space. This is particularly important on the projects frontage on Sunrise Blvd as being a Major Thoroughfare in the region with high traffic volumes and posted speed limit of 50 mph.
Stronger Privacy - Privacy is a cornerstone of residential comfort and dignity. The sense of a protected personal environment reduces stress and fosters a stronger feeling of “home,” which is critical for quality of life. • Visual Shielding: A 6-foot fence effectively blocks sightlines from streets, neighboring properties, or public pathways. By contrast, a 40-inch fence barely screens residents from passersby, leaving yards and windows exposed.
• Noise Buffer: Although not soundproof, a taller fence provides a modest buffer against traffic and street noise, creating a more peaceful living environment. • Outdoor Enjoyment: The inclusion of a 6 foot fence will assist with marketing efforts in attracting future residents and will allow residents to enjoy their patios and green spaces that have been thoughtfully designed to fullest extent.
X
6.12.3 Garden Walls, Perimeter Walls, Hedges, and Fences: Garden walls, perimeter walls, hedges, and fences should be built at least eighteen inches (0’-18”) from the lot line, to allow room for footings and planting.
Fences for the project along the property lines have been laid out to accommodate this design item. Final design plans will incorporate this. X
6.12.4 Garden Walls, Perimeter Walls, Hedges, and Fences: Walls and fences should not be used at shopfronts, except where they are necessary to accommodate grade changes. There is no Retail component to the proposed Project. X
6.12.5 Garden Walls, Perimeter Walls, Hedges, and Fences: Solid perimeter walls should be constructed of high quality enduring construction materials such as masonry or ornamental metal. Concrete block and interlocking concrete pavers (such as keystone) are not permitted when visible from the street.
The project is not proposing solid perimeter walls. X
6.12.6 Garden Walls, Perimeter Walls, Hedges, and Fences: No plastic or vinyl fencing should be permitted in front yards or street facing side yards. Plastic or vinyl fencing is not proposed with this project. X
6.12.7 Garden Walls, Perimeter Walls, Hedges, and Fences: No chainlink fencing allowed. Chainlink fencingis not proposed with this project. X
6.12.8 Garden Walls, Perimeter Walls, Hedges, and Fences: In general, fences, walls, and hedges should complement the architecture of the building that they enclose and be compatible with the land use intensity. For example, residential uses should incorporate a softer texture of enclosure such as wood fences and landscaped hedges, whereas commercial buildings should use masonry or concrete walls.
This projects proposes hedges and decorative metal fencing, which is appropriate and compatible with the architeture and residnetial nature of this project. X
6.12.9 Garden Walls, Perimeter Walls, Hedges, and Fences: Walls and fences should be architecturally enhanced and complemented by adjoining landscaping. Tiered planting should be provided adjacent to perimeter walls to soften their appearance from surrounding areas.
Landscaping will enhance the fences and buildings in this project. Tiered landscaping is a common design criteria used by the design team and will be incorporated into the final planting design.
X
6.13 Retaining Walls There is no Retaining Walls as a component to the proposed Project. X ITEM 16.1. ATTACHMENT 2
6.14.1.a
Parking Area Standards: Surface parking areas: Surface parking areas with two (2) rows of parking or fewer should be landscaped with a minimum of one tree per twenty (20) spaces with a minimum of one landscaped island (between spaces) for every ten (10) spaces.
Please reference Sheet C2.1 Preliminary Site Plan. For Single Row of Parking there is no stretch of parking that Exceeds 10 parking Spaces without a landscape island. At Solar Structure 6 we are exceeding the double row of parking and 20 spaces…we are providing 24 spaces...however this area is covered with a Solar Structure to meet the required solar energy demands of the project.
X
6.14.1.b
Parking Area Standards: Surface parking areas: Surface parking areas with more than two (2) rows of parking should include a landscaped median for every other row of parking that extends the entire length of the row. The landscaped median should be planted with shade trees at least every forty-five feet (45’-0”) and include a common walkway for access to and from the parked vehicles. Where landscaped medians are present, landscaped islands should also be placed a minimum of every fifteen (15) spaces.
Project does not propose a scenario of more than 2 rows of parking. X
6.14.1.c Parking Area Standards: Surface parking areas: Surface parking areas covered in solar panels are allowed to achieve fifty percent (50%) of the shade canopy requirement.
Solar structures are included in the calculations for parking lot shade, see the table on page L3. X
6.14.2 Parking Area Standards: When unrequired parking spaces are provided, at least five percent (5%) of parking spaces should be equipped for charging of electric vehicles, with signage limiting the use of those spaces to electric vehicles only. An electrical conduit should also be installed at the time of construction to facilitate the future installation of EV charging stations to at least ten percent (10%) of parking spaces.
Project does not propose any unrequired parking above what the Zoning Code requires. However the project does provide EV Ready and EV Charging Stations (for 50% of parking field) consistent with 2022 CALGREEN Residential Mandatory Measures.
X
6.14.3 Parking Area Standards: Permeable surfaces for parking and maneuvering areas are encouraged. Stormwater requirements may identify the need for permeable surfaces.
Permitted permeable surfaces include: pervious concrete and pervious pavers.
Project proponent does not propose any Permeable surfaces for parking and/or maneuvering areas. X
6.14.4 Parking Area Standards: Parking areas should be accessed from alleys, where feasible.
Where alleys do not exist, parking areas may be accessed from side streets or narrow driveways that are perpendicular to the street.
Parking Areas are accessed from private drive aisles throughout the project site and all parking stalls are located behind buildings and/or perpendicular to public streets. X
6.14.5 Parking Area Standards: See Section 8 for approved shade trees. See comments in Section 8. X
6.15.1 Service and Auxiliary Equipment: Service, utility, and mechanical functions, including retail loading, should be located in alleys whenever present. When alleys are not present, service, utility and mechanical functions should be placed behind buildings and provisions for access should be made.
Project has no Functions as listed being a Multi-Family Residential Project. X
6.15.2 Service and Auxiliary Equipment: Service, utility, and mechanical equipment that is visible from the street should be screened from view with landscaping or enclosures. Backflow preventers and fire standpipes, along with utility box transformers should be screened.
Please reference Sheet C2.1 Preliminary Site Plan. Equipment has been located that such that it would not be visible from the Public Streets. However there some exceptions and screening has been placed in an effort to screen equipment however it should be noted that when screening it compliance with utility/fire department clearances must be complied with.
X
6.15.3 Service and Auxiliary Equipment: All screening devices should be compatible with the architecture, materials and colors of adjacent buildings. Should equipmennt need to be screeened, it will comply. X
6.15.4 Service and Auxiliary Equipment: Trash areas that are visible from public streets or adjacent properties should be enclosed by walls. Trash area entrances should be enclosed by a door.
Please reference Sheet C2.1 Preliminary Site Plan. Trash Enclosures have been located such that they would not be visible from the Public Streets. Trash Enclosures are enclosed in a 6-foot tall masonry wall to include access gates.
X
6.15.5 Service and Auxiliary Equipment: Service enclosures and retail loading areas should be sited to minimize nuisance to adjacent properties. Project does not have a retail loading use. X
6.15.6 Service and Auxiliary Equipment: Roof vent penetrations and mechanical equipment should be located at least ten feet (10’-0”) from any exterior building face. The schematic design phase is designing a 10' clearance from the exterior wall. X
6.16.1 Architectural Lighting: Lighting should encourage a pedestrian-friendly environment and enhance both community safety and business exposure.
Site Lighting is designed to be pedestrian friendly and enhance safety and community exposure. Please see Sheet E2.0 (Site Lighting) X
6.16.2 Architectural Lighting: Lighting on buildings should be oriented to pedestrians in terms of scale, design, and location.
Building Lighting is oriented to pedestrians of scale, design, and location. Please see Sheet E2.0 (Site Lighting) X
6.16.3 Architectural Lighting: All exterior lighting should use full cutoff luminaries and be directed toward the areas to be lit to limit spill-over onto off-site uses.
Lighting Fixtrures are "Dark Sky" compliant. Please see Sheet E2.1 (Site Lighting Photometric), excessive lighting does not protrude beyond lot lines X
6.16.4 Architectural Lighting: Light quality should not be harsh, glaring, blinking or shed beyond lot lines.
Please see Sheet E2.1 (Site Lighting Photometric), Light quality is not harsh, glaring, blinking, or protruding beyond lot lines. X
6.16.5 Architectural Lighting: Building lighting may include low-level exterior lights adjacent to buildings and along pathways for security and wayfinding purposes and low-level accent lighting features and landscape elements.
Low level lighting is not currently utilized X
ITEM 16.1. ATTACHMENT 2
6.16.6 Architectural Lighting: Alleys should have lights mounted on outbuildings or garages. No Alleys or Garages on project X
6.16.7 Architectural Lighting: Lights should use LED and other technologies to maximize energy efficiency. All Fixtures are LED Type X
6.16.8 Architectural Lighting: High-pressure sodium lights are prohibited. All Fixtures are LED X CHAPTER 7 - ARCHITECTURAL STYLES
7.3 Mediterranean The style is Mediterranean X
7.3.1.a Base: Exterior walls reach the ground with an expression of weight, with or without a base. Proposed exterior walls reach the ground and is proposed without a base. X
7.3.1.b Base: An explicit element of base is described either as a painted band of traditional colors or an applied band of stone or cast concrete.
There is no explicit base considered. Despite this, the design includes other dynamic, contrasting, and vibrant facades, adding visual interest to the community and speak to the Mediterranean style. Low solid walls are utilized at the ground floor patios instead of the open railings used on the floors above to create an expression of weight that grounds the building to the site.
X
7.3.1.c Base: Elements setback within the wall may have their own material connection to the ground, such as tile, plaster or concrete.
There are no setback areas within the exterior walls. Despite this, the design includes other dynamic, contrasting, and vibrant facades, adding visual interest to the community and speak to the Mediterranean style. The solid walls at the first floor contribute to the visual “weight” of the buildings giving them an implied base.
X
7.3.2.a Primary Walls: Expressed as single-plane expanses of plaster wall. Walls are defined by single-plane expanses of plaster. X
7.3.2.b Primary Walls: May be articulated by traditional moldings or applied ornament of stone or cast concrete to describe the vertical divisions into the base, body and top. They are articulated by molding bands and alternating heights. X
7.3.2.c Primary Walls: Control joints allowed. Control joints will be applied accordingly X
7.3.2.d Primary Walls: Columns are relatively abstract with minimal articulation on the capital and base. There are no columns. X
7.3.3.a.i Roof-Wall Connections: Exterior walls will transition into roof form by one of three devices: a projected wooden eave with exposed wooden rafters, Roof transitions include projected wooden eaves with expressed rafters and tile caps at gable ends. X
7.3.3.a.ii Roof-Wall Connections: Exterior walls will transition into roof form by one of three devices: a plaster molding or, There is no plaster molding for roof to wall connections. X
7.3.3.a.iii Roof-Wall Connections: Exterior walls will transition into roof form by one of three devices: a tile cap. Tile caps will be applied accordingly. X
7.3.3.b
Roof-Wall Connections: Foam moldings are permitted only on the second (2nd) floor or above and should not be used in occupied or high-use areas such as doorway trim or facing balconies.
There is no foam moldings. X
7.3.4.a Roof: May be pitched at a 3:12 ratio and finished in clay or concrete tile with overhanging eaves typically supported by brackets attached to the façade. Roof pitch is designed to be concrete tile at 4:12 pitch. X
7.3.4.b
Roof: Flat roofs are allowed and should be articulated as an explicit exterior wall (tile may be multi-color randomly placed) visual transition to the sky. May be accessible and used as balconies or terraces.
There is limited flat roof. X
7.3.4.c Roof: No birdstops allowed at end condition: must be mortar filled. There are no brid stops. X
7.3.5.a Drainage: May be conducted off pitched roofs by a traditional combination of gutters and downspouts.
Drainage to be a combination of traditional gutters and downspouts as well as scuppers and integral roof drains. X
7.3.5.b Drainage: Flat roofs may be drained by use of trumpet scuppers. Such roofs draining internally to the roof will need tile or ceramic scuppers on exterior walls. Flat roof will have trumpet scuppers X
7.3.5.c Drainage: Rainwater reaching the ground may be harvested in cisterns or temporarily collected in dry wells. Rainwater will not be harvested. X
7.3.6.a
Openings: Windows are generally punched openings with little to no surround. Deep-set (min three inch (0’-3”) plaster return) and combined with deeper balcony, loggia, and arcade elements to generate complex building-wide vertical or horizontal compositions.
There is no 3" recess provided. Only trim configurations include trim combined with shutters matching the aggregate size of the opening, or paired windows grouped vertically with trim and siding in between. Both details provide a recessed depth around the window, enhancing shadow and window conditions include trim applied to the header and sill.
X
7.3.6.b Openings: Such compositions can be symmetrical overall, locally symmetrical or, asymmetrical.
Windows composition are designed with trims to enhance shadow lines and prevent a flat appearance. X
7.3.6.c Openings: There is high ratio of wall to window, meaning that the windows are read as “punched.”
The façade features a high wall-to-window ratio, and additional treatments include windows set within deep balconies. X
7.3.6.d Openings: Shutters are the aggregate size of the associated opening. Shutters area provided. X
7.3.7.a Attached Elements: All allowable urban frontages in the project area can be expressed in terms particular to this architecture. Faux clay vents are expressed at gables. X ITEM 16.1. ATTACHMENT 2
7.3.7.b
Attached Elements: A number of architectural elements such as balconies, stairs, and chimneys can encroach beyond the primary exterior surface of buildings and into their setbacks. Balconies can either be supported by bracketing or can be entirely metal in construction.
Archtectural elements are not encroaching. X
7.3.8.a Massing: Volumetric compositions can be of a single primary volume offset by a variety of lesser ones. Also possible are compositions that are expressed in a single volume.
The massing is composed of a single primary volume with secondary forms and undulation at the roof level. X
7.3.8.b
Massing: It is common and desirable to articulate building corners on corner lots. Various scales of tower elements are employed as either habitable spaces or as a means of ventilation. They can either protrude above the general building mass or can be engaged to a wall.
There are no tower elements. X
7.3.8.c Massing: Such designs can be devised at the geometric corner or adjacent to it. Gable elements are expressed near the corners. X
7.3.9.a
Site Definition and Landscape: Buildings typically collect surrounding public and private space into walled precincts consistent with their use. Forecourts, garden walls, and zaguans are common.
The design does not include walled precincts. As a large Family Project, the amenity spaces are designed as larger open spaces rather than smaller walled in precincts to offer residents areas to congregate in larger groups and foster a sense of community while not infringing on the desires of other residents to maintain and live in a quiet environment. We will accomplish this through scattered green spaces throughout the site and through our centralized outdoor amenity space with recreational spaces for children, a pool area, and interior clubhouse space for recreation and resident programming. The design includes a fenced perimeter, but the site interior remains open to increase resident connectiveness and promote shared experiences, which increase resident quality of life.
X
7.3.9.b Site Definition and Landscape: The landscape of gardens and courtyards heightens the spatial character of each such enclosed exterior room.
The project design does not include enclosed exterior rooms. The landscape has been designed to provide articulation of the shared amenity spaces and is appropriate and compatible with the architecture and residential nature of this project. As a Family Project, amenity spaces are designed to offer residents areas refuge as well as spaces to congregate and foster a sense of community. We will accomplish this through scattered green spaces throughout the site and through our centralized outdoor amenity space with recreational spaces for children, a pool area, and interior clubhouse space for recreation and resident programming. The design includes a fenced perimeter, but the site interior remains open to increase resident connectiveness and promote shared experiences, which increase resident quality of life.
X
CHAPTER 8 - APPROVED TREES
8.2 The following pages list shade trees that are approved for parking lots in the City of Rancho Cordova. You will need to submit a tree planting plan for review by the City Arborist. When planting, you must adhere to the minimum distances noted below. If you use a tree not on the list, you will be required to go through a more in depth review with the city.
A planting plan is provided with proposed tree species. This proposed list incorporates previous comments from the the City Arborist. Nearly all tree species are selected either from the MFDG or from the City's Approved Tree List.
X
DETERMINATION OF CONSISTENCY
OWNER/APPLICANT
DATE OF DETERMINATION SUBMITTAL:_________________________________ SUBMITTED BY NAME: _____________________________________________________
CITY OF RANCHO CORDOVA
DATE OF DETERMINATION:_________________________________ REVIEW COMPLETE BY NAME: _____________________________________________________ ITEM 16.1. ATTACHMENT 2
OWNER/APPLICANT
DATE OF DETERMINATION SUBMITTAL:_________________________________ SUBMITTED BY NAME: _____________________________________________________
CITY OF RANCHO CORDOVA
DATE OF DETERMINATION:_________________________________ REVIEW COMPLETE BY NAME: _____________________________________________________ Russell Condas
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
On-Going Conditions
1. The approved entitlement is for a Multifamily Streamlined Design Review Permit for Asteria Flats. The project shall be constructed consistent with the Project Plans (Attachment 1) for a 236-unit multifamily development. Project MSDR1222-0001.
Project
Description
On-Going Planning
2. Applicant(s) agree to defend, indemnify and hold harmless with Counsel selected by the City of Rancho Cordova
(“City”) and its agents, officers, consultants, and employees (“City’s Agents”) from any and all claims, actions, suits, or proceedings against the City or the City’s Agents to attack, set aside, void, or annul an approval by the City, or the City’s Agents concerning the project (collectively “Claim”).
The City shall promptly notify the Applicant of any Claim and the City shall cooperate fully in the defense. Nothing in this paragraph obligates the City to defend any Claim and the City is not required to pay or perform any
settlement arising from any such Claim not defended by the City, unless the settlement is approved in writing by the City.
General On-Going Planning
3. Any future alteration to the buildings, change in use, intensification of the site, or modification to the parking and landscaped area must be reviewed by the City to ensure
compliance with all local, state, and federal regulations.
Minor modifications that are found to be in substantial conformance with the approved plans such as colors, plant materials, or minor lot line adjustments, may be approved administratively. Major modifications shall be approved by the applicable decision making body.
General On-Going Planning
4. Applicant/Developer shall not carry a negative account balance with the City for the processing of the project. If a General On-Going Planning
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
negative account balance occurs, it will be the developer's responsibility to pay the balance due, in order to avoid delays in the processing of future permits or recordation of maps. Please email the Finance Department at
[email protected] for the status of your account with the City.
5. The Permit is valid for a period of three (3) years from the date of approval unless an extension is granted by the
Community Development Director.
Expiration On-Going Planning
6. Noise sources associated with construction, repair,
remodeling, demolition, paving and/or grading of any real property must adhere to the development standards
outlined within the City’s Noise Element, RCMC 6.68 and RCMC 16.18.1407(F).
Noise On-Going Code Enforcement
/Building
7. The removal and replanting of landscape not listed on the approved plan set must be consistent with RCMC
23.716.080 through 23.716.090 and reviewed by the
Planning Department prior to the removal. All landscape care, maintenance, and tree pruning must adhere to RCMC
23.716.100 through 23.716.110.
Landscaping On-Going Planning
8. Signage is not approved with this permit. All signage shall comply with the City of Rancho Cordova Zoning Code.
Signage On-Going Planning
9. Applicant shall be responsible for all damage to City streets associated with construction of the project and shall repair any damage as soon as possible.
Infrastructure On-Going Public Works
10. Public lower laterals must not be smaller than the upper laterals, sized according to the California Plumbing Code requirements.
Sewer On-Going SacSewer
11. Construction of a grease trap or a sand oil separator may be required. The applicant must verify with the applicable jurisdiction’s building department.
Sewer On-Going SacSewer
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
12. If the proposed trash enclosure will contain a drain to the sewer, it must be covered.
Sewer On-Going SacSewer
13. Applicant shall be responsible for coordinating waterline impacts with the Sacramento County Water Agency
(SCWA). A waterline easement exists on the southern
property boundary of the proposed development. Confirm
location and development criteria with SCWA.
Water On-Going Public Works
Prior to Submittal of Improvement Plans
14. The project has an approved Level 3 sewer study. The subject parcel has a proposed density higher than what
was approved in the sewer study. The proposed changes to the approved sewer study require and addendum to be
submitted and approved by SacSewer prior to the submittal of improvement.
Sewer Prior to Submittal of
Improvement Plans
SacSewer
Prior to Approval of Improvement Plans
15. Driveway access along Sunrise Boulevard shall be limited to only right-out.
Public Works Prior to Approval of
Improvement Plans
Public Works
16. Drainage Study: Applicant shall prepare and submit a project specific drainage study. The drainage study shall conform to the requirements of the Sacramento City/County Drainage Manual (Volume 2), County of Sacramento
Improvement Standards (Section 9), and all other
applicable City standards. The drainage study must be
consistent with the Anatolia master drainage study.
Public Works Prior to Approval of
Improvement Plans
Public Works
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
17. Stormwater Quality- Post Construction:
The improvement plans shall incorporate all applicable post construction stormwater quality measures; including source control (waste management areas, DI stamps, etc.), low
impact development, and full capture trash control
measures into the site improvement plans in conformance with the most recent version of the Stormwater Quality
Design Manual for the Sacramento Region. The applicant
shall prepare and submit a Post-Construction Stormwater Quality Control Plan that includes details and sizing
calculations of all the proposed post construction
stormwater quality measures. In addition, a maintenance covenant is required for all proposed post construction stormwater quality measures, as detailed in Appendix B of the Stormwater Quality Design Manual for the Sacramento Region.
Public Works Prior to Approval of
Improvement Plans
Public Works
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
18. Stormwater Quality– During Construction:
SWPPP – the applicant shall prepare a Storm Water
Pollution Prevention Plan (SWPPP) to be executed through all phases of grading and project construction. The SWPPP shall incorporate Best Management Practices (BMPs)
to ensure that potential water quality impacts during
construction phases are minimized. These measures shall be consistent with the City’s Improvement Standards and Land Grading and Erosion Control Ordinance. During
construction, the applicant shall implement BMPs in
accordance with the SWPPP and the City’s Improvement
Standards.
Advisory Condition: Construction General
Permit
The project applicant shall file a Notice of Intent (NOI) to obtain coverage under the National Pollutant Discharge
Elimination System (NPDES) General Permit For Storm
Water Discharges Associated With Construction And Land
Disturbance Activities (Construction General Permit).
Permits are issued by the State Water Resources Control Board.
Public Works Prior to Approval of
Improvement Plans
Public Works
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
19. The SWPPP for the site shall include a contingency plan for the implementation of a process to remove fine clay
sediments prior to discharge to the City of Rancho
Cordova’s storm drain system and/or Waters of the State (e.g., creeks, rivers) to the satisfaction of the City of Rancho Cordova. A polymer treatment system or
comparable process shall be incorporated in the erosion and sediment control plan as part of the improvement plans submittal. This system shall be implemented by qualified professionals with training and proven experience in this field. Such treatment shall be accomplished in a manner that does not pose a toxic threat to fish and other aquatic organisms in receiving waters.
Public Works Prior to Approval of
Improvement Plans
Public Works
20. Drainage System Design:
The applicant shall submit and obtain City approval of plans and specifications for the construction of public
improvements and all grading. The drainage system shall be designed in accordance with the approved Drainage
Study to accommodate runoff from the ultimate
development and shall meet the City of Rancho Cordova’s Improvement Standards, construction standards, and
Floodplain Management Ordinances in effect at the time of improvement plans approval.
Public Works Prior to Approval of
Improvement Plans
Public Works
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
21. All development within the City must comply with the City of Rancho Cordova’s Floodplain Management Ordinance. All
new structures shall be protected from the 100-year (1
percent) flood event. Certified pad elevations (certified by a registered Civil Engineer or licensed Land Surveyor) shall be set at least one and two tenths foot (1.2') above all sources of 100-year flooding (see Section 9-1 of
improvement standards). The overland release path must
be shown on the improvement plans and the hydraulic
computation must be provided to estimate the flow depths along the overland release paths. The calculations must be in conformance with Section 9-15 of the Improvement
Standards.
Public Works Prior to Approval of
Improvement Plans
Public Works
22. Provide a permanent concrete stamp, or other permanently applied message to the satisfaction of the City not including paint, which reads “No Dumping-Flows to Creek” or other approved message at each storm drain inlet.
Public Works Prior to Approval of
Improvement Plans
Public Works
23. All storm drain facilities within private lots shall be privately maintained and shall be clearly labeled as “private” in the improvement plans.
Public Works Prior to Approval of
Improvement Plans
Public Works
24. Fees:
Pay the drainage impact fees to the satisfaction of the City of Rancho Cordova’s Public Works Department.
Public Works Prior to Approval of
Improvement Plans
Public Works
25. Number, size, and location of driveways are subject to approval by the Public Works Department
Public Works Prior to Approval of
Improvement Plans
Public Works
26. Enter into a frontage agreement and bond for construction of public improvements per the approved Public Works
plans to the satisfaction of the Public Works Department.
Public Works Prior to Approval of
Improvement Plans
Public Works
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
27. A final landscape plan shall be submitted in conjunction with improvement plan and or building permit submittal and approved by the planning and public works departments
prior to issuance of permits and/or any installation of landscape materials RCMC 23.716.020. The final
landscape planting and irrigation plan shall be prepared by a registered licensed landscape architect and include the following items per RCMC 22.180.060:
• Planting plan to scale that indicate slope
• Irrigation Plan
• Soils Test
• Water Use Calculations
• Irrigation Schedule
• Permeability test for LID facilities’ locations
• Soil media specifications (LID features)
Public Works Prior to Approval of
Improvement Plans
Public Works
28. All landscape strips, medians, etc. that contain trees shall be designed to include continuous root barriers. Trees shall be appropriately sized for their proposed planters.
Public Works Prior to Approval of
Improvement Plans
Public Works
29. Installation of a public cleanout is required at the right-ofway. These improvements must be shown on the plans.Sewer Prior to Approval of Improvement Plans
SacSewer
30. The minimum size for public sewer mainlines is 8-inch diameter. Public sewer must be located in the right-of-way when possible. The design engineer must satisfactorily
demonstrate that placing the main line within a road ROW isnnot possible before locating a main line in a dedicated public sewer easement as approved by SacSewer. These
improvements must be shown on the plans.
Sewer Prior to Approval of
Improvement Plans
SacSewer
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
31. To obtain sewer service, construction of SacSewer sewer infrastructure will be required. Current SacSewer Standards and Specifications apply to any offsite or onsite public sewer construction or modification. These improvements
must be shown on the plans. Field modifications to new or existing precast manhole bases are not allowed.
Sewer Prior to Approval of
Improvement Plans
SacSewer
32. SacSewer requires each building on each lot with a sewage source to have a separate connection to SacSewer’s sewer system. If there is more than one building in any single parcel and the parcel is not proposed for split, then each building on that parcel must have a separate connection to a private onsite sewer line upstream of any connection to the SacSewer sewer. These improvements must be shown
on the plans.
Sewer Prior to Approval of
Improvement Plans
SacSewer
33. SacSewer Design Standards and Specifications require a minimum 6-inch lower laterals for apartment buildings.
Sewer Prior to Approval of
Improvement Plans
SacSewer
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
34. Sewer easements may be required to service this parcel.
All public sewer easements will be dedicated to SacSewer in a form approved by the District Engineer. All public sewer easements will be at least 20 feet in width and will
require continuous access for installation and maintenance.
SacSewer will only provide maintenance in public right-ofways and SacSewer dedicated sewer easements. No awning or overhang may encroach on the easement area.
At minimum, an all-weather access road must be provided to all manholes.
Sewer Prior to Approval of
Improvement Plans
Public sewer
easements must be
assigned prior to plan
approval. Recordation
of the public sewer
easement can occur
after plan approval.
Private sewer
easement and private
sewer agreements
must be assigned and
recorded prior to
approval of
improvement plans.
SacSewer
35. Construction of sewer mainlines are prohibited within 100- year flood plains. The location of the 100-year flood plain must be shown on the improvement plan.
Sewer Prior to Approval of
Improvement Plans
SacSewer
36. All onsite sewer plans and offsite sewer plans must be submitted separately to SacSewer for review and approval.
Sewer Prior to Approval of
Improvement Plans
SacSewer
37. All manholes not within public right of way must be accessible with an all-weather access road.
Sewer Prior to Approval of
Improvement Plans
SacSewer
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
38. Alignment of all main lines and structures must provide a minimum of 1 foot vertical clearance and 5 feet horizontal clearance from all other utilities and improvements. Sewer is to be located a minimum of 10 feet (measured
horizontally) from any structure or footing. Show public sanitary sewer and water supply facilities in accordance with the Health and Safety Code.
Sewer Prior to Approval of
Improvement Plans
SacSewer
39. If any proposed garbage enclosure will contain a drain to the sewer, the enclosure must have a roof.
Sewer Prior to Approval of
Improvement Plans
SacSewer
40. Show on the plan how Fire Lanes will be marked. Fire Lane identification shall be provided along the required fire access roadway. Fire Lane identification shall be in
accordance with the Sacramento Metro Fire Districts Fire Prevention Standard #3 and the California Vehicle Code.
Vehicle parking is prohibited on any street less than 28 feet in width. Vehicle parking is permitted on both sides of streets 36 feet or more in width. Roadway widths shall be measured between the gutterline or edge of pavement on
opposite sides of the road. Identification of fire apparatus access roadways may be required on private roads.
Fire Prior to Approval of
Improvement Plans
Sacramento Metro
Fire
41. Provide a note on the plan that reads, “Fire access roadways shall be built to bear a minimum of 80,000
pounds and meet the Sacramento County Public Works
Standards for roadways. A report, prepared by a registered geotechnical engineer, verifying the ability of the road to bear the required minimum weight, shall be submitted with any plan indicating construction of roadway. Verification of constructed roadway shall be provided by a registered geotechnical engineer prior to final of the project.
Fire Prior to Approval of
Improvement Plans
Verification of
constructed roadway
by registered
geotechnical engineer
will need to be
completed prior to
vertical construction
Sacramento Metro
Fire
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
42. Show the location of the required fire hydrants for this project on the improvement plans. Approved fire hydrants capable of providing the required fire flow for the protection of any and all structures shall be located along the fire apparatus access roadway. The required fire hydrants shall be installed and operational prior to any construction or onsite storage of combustible materials. The minimum required fire flow for the protection of commercial
developments is 1,500 gallons per minute (gpm) at a
pressure of 20 pounds per square inch (psi) for a two-hour duration.
Fire Prior to Approval of
Improvement Plans
Sacramento Metro
Fire
Prior to Issuance of Building Permit
43. A final Photometric Plan shall be submitted and approved as part of the building permit review process. The plan shall adhere to the outdoor lighting standards of Chapter 23.725 of the Rancho Cordova Municipal Code.
Lighting Plan Prior to Issuance of
Building Permit
Planning
44. Property Owner/Applicant shall participate in or provide a funding mechanism for maintenance services for the
project’s stormwater drainage and flood protection system.
This may be accomplished through annexation to the City’s Stormwater Utility Fee District, SWUII, or other financial mechanism as may be proposed and provided by the
Property Owner for the same purpose of providing a
funding mechanism to fund the operation and maintenance of the Project’s stormwater drainage and flood protection system. Costs associated with the annexation shall be
borne by the Property Owner/Applicant through payment of the annexation costs in the amount of $7,000 per
annexation. Contact Khaliq McClean at (916) 851-8708 with regard to the process to satisfy this condition of approval.
Public Works Prior to Issuance of
Building Permit
Public Works
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
45. Property Owner/Applicant shall participate in or provide a funding mechanism for maintenance services for the fair share of existing and all new public improvements
associated with the project including, but not limited to, streets, bridges/culverts, traffic signals, traffic signs, striping and legends, ITS operations, street lights and safety
lighting, public frontage and median and landscape
improvements, and trails. This may be accomplished
through annexation to the City’s Community Facilities
District No. 2014-2 (Street, Lighting and Landscape
Maintenance), or other financial mechanism as may be
proposed and provided by the Property Owner for the same purpose of providing a financial mechanism to fund the
operation and maintenance of the Project’s public
improvements. Costs associated with the annexation shall be borne by the Property Owner/Applicant through payment of the annexation costs of the CFD annexation in the
amount of $5,000 per annexation. Contact Khaliq McClean at (916) 851-8708 with regard to the process to satisfy this condition of approval.
Public Works Prior to Issuance of
Building Permit
Public Works
46. Reservations for bus turnouts will be required along potential bus routes, including areas served by
neighborhood shuttle services. Provide bus shelter
easements, approximately 10 feet in width by 20 feet in length, for future Regional Transit routes if bus shelters cannot be accommodated within the public utility
easements adjacent to public streets right-of-way.
Public Works Prior to Issuance of
Building Permit
Public Works
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
47. Applicant shall submit improvement plans to the satisfaction of the Public Works Department. Improvement plans shall include, but shall not be limited to, all streets, water, sewer, storm drain, lighting, signage and striping, and other
associated facilities for all streets and other public areas depicted on the tentative map or tentative map phase.
Design datum shall be NAD-83.
Prior to acceptance of the improvements, record drawings of grading and improvement plans in AutoCAD, pdf format, and a GIS Shape file shall be submitted and approved by the Public Works Department.
Public Works Prior to Issuance of
Building Permit
Public Works
48. Secure City of Rancho Cordova Public Works Department approval of final grading plans, as required by City
Ordinance.
Public Works Prior to Issuance of
Building Permit
Public Works
49. The owner must contact Permit Services Unit at
[email protected] or by phone at (916) 876-
6100 to determine if SacSewer impact fees are due. Fees are to be paid prior to the issuance of building permits unless fee deferral documentation is provided and allowed by law as confirmed by SacSewer Permit Services Unit.
Sewer Prior to Issuance of
Building Permit
SacSewer
50. The applicant shall meet the following: Civil Site Plans, Fire Service Underground Plans and Architectural Plans shall be submitted and approved prior to Final Building Permit being issued. Fire Sprinkler and Fire Alarm plans shall be submitted prior to Final Building Permit being issued.
Please note: The Sacramento Metro Fire District does not allow deferred submittals.
Fire Prior to Issuance of
Building Permit
Sacramento Metro
Fire
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
51. In compliance with the Cordova Recreation and Park
District (CRPD) Development Review Ordinance 0607-
01 submit to CRPD a Development Review Application
and deposit of $500 prior to the City of
Rancho Cordova’s issuance of a building permit on this
project.
Parks Prior to Issuance of
Building Permit
Cordova
Recreation & Park
District/Building &
Safety
52. To fund mitigation of impacts by new residents in the Asteria Flats complex on surrounding parks the
developer will pay a Park Development Fee in the amount of:
• $7,543.84 (seven thousand five hundred and fortythree dollars and eighty-four cents) per unit for one,
two- and three-bedroom multifamily units.
These fees became effective on January 1, 2025.
The Park Development Fee will be adjusted on January 1
annually thereafter no later than January 15th by the
method provided in City Construction Cost Index (CCI)
Index as follows: A “mean” index will be computed by
averaging the index for 20 U.S. cities with the index for San Francisco by resort to the October issue of the
Engineering News Record Magazine Construction Cost
Index of the year in which the calculation is being made.
An adjustment factor shall be computed by dividing the
“mean” index as calculated in subsection (a) of this
Section by the “mean” index for the previous October. The adjusted Park Development Fee shall be calculated by
multiplying the adjustment factor, as calculated in
subsection (b) of this Section, by the Park Development in place prior to the annual adjustment.
Parks Prior to Issuance of
Building Permit,
Unless fee deferral
documentation is
provided and allowed
by law.
Cordova
Recreation & Park
District/Building &
Safety
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
53. The District shall provide, and the developer shall deliver to City Public Works a certificate from the Cordova
Recreation and Parks District stating that all fees as
required by the District have been paid.
Parks Prior to Issuance of
Building Permit,
Unless fee deferral
documentation is
provided and allowed
by law.
Cordova
Recreation & Park
District/Public
Works
Prior to Final Inspection/Final Occupancy
54. Approved numbers or addresses shall be placed on all new or existing buildings in such a position as to be easily read from the street or road fronting the property. The minimum size of the numbers shall not be less than six (6) inches and shall be mounted immediately adjacent to a light
source and shall also contrast with their background.
Fire Prior to Granting Final
Occupancy
Sacramento Metro
Fire
55. During and upon completion of the installation of the landscaping for the project, the project landscape
architect/designer shall certify that the installed landscape complies with the approved plans. Certification shall be accomplished by completion of site visits at key installation milestones. Key milestones at a minimum shall include:
rough grade, soil amendment verification, Plant material inspection, irrigation coverage test, underdrain installation (as applicable) and final installation. Certification shall include signed site observation reports, photographs and documentation verifying implementation of soil report
recommendations. Failure to submit complete and accurate documentation to the Planning Department will delay final approval/occupancy of the project.
Public Works Prior to Granting Final
Occupancy
Public Works
56. Install public and onsite improvements per the approved Public Works plans and to the satisfaction of the Public Works Department.
Public Works Prior to Final
Inspection of the First
Unit
Public Works
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
57. Upon completion of the installation of the landscaping, the designer shall certify that the landscape complies with all city water conserving landscape requirements. Certification shall be accomplished by completion of a certificate of compliance on a form approved by the director of the city public works department. Failure to submit a complete and accurate certificate of compliance will delay final approval of the project and/or discontinue water service per RCMC
22.180.090. Upon receipt of the certificate of compliance and site inspection from City staff, the landscaping
performance bond will be released.
Public Works Prior to Final Building
Inspection of the Last
Building Permit
Public Works
58. Record drawings of grading and improvement plans in AutoCAD, pdf format, and a GIS shape file, or equivalent to the satisfaction of the City Engineer shall be submitted and approved by the Public Works Department.
Public Works Prior to Final Building
Inspection
Public Works
59. Applicant/Owner/Developer shall repair and replace all right-of-way damages caused by the construction of the
building to the satisfaction of the Public Works Department.
Damages include, but are not limited to: pavement,
sidewalks, curbs, and gutters.
Public Works Prior to Occupancy Public Works
60. The Applicant shall request a Final Planning Inspection with the Planning Department prior to granting of Final
Occupancy. Final Planning Inspection will ensure final
construction is consistent with the approved design review including final installation of landscaping.
Public Works Prior to Occupancy Public Works
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
61. Applicant shall complete improvement plans to the
satisfaction of the Public Works Department prior to any occupancy. Improvement plans shall include, but shall not be limited to:
• All onsite civil improvements
• Civil plan shall include an ADA access plan
• All facilities, including but not limited to, sidewalk, driveways, etc. shall be upgraded to meet current ADA
requirements and City Standards.
• Utility laterals
• Replacement of damaged sidewalk and curb and gutter
along property frontage to the satisfaction of The Public Works Department. Sidewalk panels shall be replaced to
the nearest joint
• Replacement of damaged pavement along property
frontage to the satisfaction of The Public Works Department • Public improvement plans shall clearly delineate all
transitions to existing improvements
• Pavement cuts for utility connections in the right-of-way shall be repaired per County Standard.
• All improvements to be designed and constructed to the satisfaction of the Public Works Department.
Public Works Prior to Final
Inspection/Final
Occupancy
Public Works
ADVISORY:
• Sac Metro Fire: Gates shall be installed in accordance with The County Emergency Access Gates and Barriers Standard.
Plan submittal is required prior to installation.
• Sac Metro Fire: Subsequent applications, including time extensions, may be subject to additional SMFD Fire Conditions beyond those listed above. Fire conditions will only be added when significant life safety issues require remediation. • SacSewer: This project includes planned improvements within the S132 pump station shed area. Due to development in this ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
shed, improvements to S132 station are required. Lennar Homes of California, LLC is taking the lead in the S132 Pump Station upgrades. Your project may be responsible for the upgrades if Lennar does not complete the upgrades. • SMUD: SMUD has existing overhead 69kV facilities along Sunrise Blvd and on south side of project site that will need to remain. The Applicant shall be responsible for maintaining all CalOSHA and State of California Public Utilities Commission General Order No. 95 safety clearances during construction and upon building completion. If the required clearances cannot be maintained, the Applicant shall be responsible for the cost of relocation. • SMUD: SMUD has existing underground 12kV facilities along Sunrise Blvd and Chrysanthy Blvd and on south side of PROJECT SITE that will need to remain. The Applicant shall be responsible for maintaining all CalOSHA and State of California Public Utilities Commission General Order No. 128 safety clearances during construction and upon building completion. If the required clearances cannot be maintained, the Applicant shall be responsible for the cost of relocation. • SMUD: Structural setbacks less than 14-feet shall require the Applicant to conduct a pre-engineering meeting with all utilities to ensure property clearances are maintained.
• SMUD: Any necessary future SMUD facilities located on the Applicant’s property shall require a dedicated SMUD easement.
This will be determined prior to SMUD performing work on the Applicant’s property. • SMUD: In the event the Applicant requires the relocation or removal of existing SMUD facilities on or adjacent to the subject property, the Applicant shall coordinate with SMUD. The Applicant shall be responsible for the cost of relocation or removal. • SMUD: SMUD reserves the right to use any portion of its easements on or adjacent to the subject property that it reasonably needs and shall not be responsible for any damages to the developed property within said easement that unreasonably interferes with those needs.
• SMUD: The Applicant shall not place any building foundations within 5-feet of any SMUD trench to maintain adequate trench integrity. The Applicant shall verify specific clearance requirements for other utilities (e.g., Gas, Telephone, etc.). • SMUD: In the event the City requires an Irrevocable Offer of Dedication (IOD) for future roadway improvements, the Applicant shall dedicate a 12.5-foot public utility easement (PUE) for overhead and/or underground facilities and appurtenances adjacent to the City’s IOD.
• SMUD: The Applicant shall comply with SMUD siting requirements (e.g., panel size/location, clearances from SMUD equipment, transformer location, service conductors). Information regarding SMUD siting requirements can be found at:
https://www.smud.org/en/Business-Solutions-and-Rebates/Design-and-Construction-Services • The Applicant shall dedicate a 12.5-foot public utility easement for overhead and/or underground facilities and appurtenances adjacent to all public street rights-of-ways.
ITEM 16.1. ATTACHMENT 2
CONDITIONS OF APPROVAL – MSDR-1222-0001 Asteria Flats
Conditions of Approval Asteria Flats
December 5, 2025 Multifamily Streamlined Design Review
• The Applicant shall dedicate any private drive, ingress and egress easement, (and 10-feet adjacent thereto) as a public utility easement for (overhead and) underground facilities and appurtenances. All access roads shall meet minimum SMUD requirements for access roads.
• The Applicant shall dedicate and provide all-weather vehicular access for service vehicles that are up to 26,000 pounds. At a minimum: (a) the drivable surface shall be 20-feet wide; and (b) all SMUD underground equipment and appurtenances shall be within 15-feet from the drivable surface.
• The Applicant shall disclose existing or proposed 69 kV electrical facilities to future and/or potential owners.
ITEM 16.1. ATTACHMENT 2
ASTERIA FLATS
Affordable Housing Local Funding Commitment Discussion
ITEM 16.1. ATTACHMENT 3
• Provide details on the Asteria Flats
affordable housing project
• Present and discuss the developer’s
request for a $5,000,000 loan
• Provide direction to staff regarding
the funding commitment request
GOALS FOR THIS ITEM
ITEM 16.1. ATTACHMENT 3
ASTERIA FLATS
RANCHO CORDOVA, CA
Project Overview
LINCOLN AVENUE COMMUNITIES
ITEM 16.1. ATTACHMENT 3
We own, develop, and invest in
income aligned housing to
support thriving communities
Our experienced and agile team
works to provide working class
families with high quality
housing through federal, state,
and local programs
OUR FIRM AT A GLANCE
~30,500
130+ TEAM MEMBERS
MISSION DRIVEN. IMPACT FOCUSED.
OUR APPROACH
4 Development Overview: Asteria Flats
~170 PROPERTIES
ITEM 16.1. ATTACHMENT 3
Development Overview: Asteria Flats
• Parcel Size | Location: ~11 Acres | SEC of Sunrise Blvd and Chrysanthy Blvd
•Unit Mix: 236 units: 1-Bedroom (60 units), 2-Bedroom (60 units), 3-Bedroom (58 units), 4-Bedroom (58 units)
•Building Style: Ten, 3-story garden style buildings with a standalone clubhouse, and pool.
• Proposed Affordability Restrictions: 100% of Units between 30% and 70% of Area Median Income (“AMI”).
• Parking: 460 surface parking spaces, with 100 of those spaces being covered by structured solar carports (46 EV Charging Stations and 184 will be EV ready spaces)
•Amenities: Three amenity spaces, including large clubhouse with fitness room, clubroom, leasing offices, resident service space, mailroom & parcel lockers. Outdoor amenities include pool, two playgrounds, pergola with grilling area, and several passive outdoor spaces.
~25
Acres
ITEM 16.1. ATTACHMENT 3
Examples of Other Developments by LAC
~25
Acres
ITEM 16.1. ATTACHMENT 3
Aerial Rendering
ITEM 16.1. ATTACHMENT 3
Outdoor Amenity Rendering
ITEM 16.1. ATTACHMENT 3
Rendering
ITEM 16.1. ATTACHMENT 3
EXAMPLE AFFORDABLE PROJECTS – NEARBY JURISDICTIONS
The Gardens at Quail Run
Apartments – Elk Grove
Built in 2023
202 units
Amenities Include:
• Community Room with Kitchen
• Computer Center
• Exercise Room
• Playground
• Swimming Pool
• BBQ/Picnic Area
• Community Garden
ITEM 16.1. ATTACHMENT 3
EXAMPLE AFFORDABLE PROJECTS – NEARBY JURISDICTIONS
MOSA – Elk Grove
Built in 2025
384 units
Amenities include:
• Clubhouse
• Playground
• Onsite Management
• Meeting Rooms
• Fitness Center
• Computer Lab
ITEM 16.1. ATTACHMENT 3
EXAMPLE AFFORDABLE PROJECTS – NEARBY JURISDICTIONS
Granite City Apartments – Folsom
Built in 2013
81 units
Amenities include:
• Clubhouse
• Business Center
• Pool
ITEM 16.1. ATTACHMENT 3
LOAN REQUEST AND STAFF EVALUATION
• Developer is requesting $5,000,000 loan
• City funding to cover development and construction costs, ensuring the project meets the State’s June deadline to begin construction
• Project leverages $90,000,000 of state and federal funding • If not provided, funding will need to come from another source, which would put the project at risk of a shortfall, and require scope or design changes to bring project in line with budget
• Per unit subsidy of $21,200 is lower than the average project per unit subsidy of $31,330 • Developer has heavily deferred the project developer fee ITEM 16.1. ATTACHMENT 3
ALTERNATIVES AND STAFF RECOMMENDATION
Option A – Provide the funding commitment of $5 million Option B – Provide the funding commitment of $5 million, but work with Developer to ensure City funds are necessary once final development costs are determined
Option C – Don’t provide the funding commitment
Staff Recommendation – Option B
ITEM 16.1. ATTACHMENT 3
THANK YOU
Comments & questions?
ITEM 16.1. ATTACHMENT 3
MEMORANDUM
City Council Staff Report - Page 1 of 3
ITEM 16.2.
DATE: February 2, 2026
TO: Honorable Mayor and Council Members
FROM:
Albert Stricker, Public Works Director
Edgar Medina, Assistant Public Works Director
Kristine Courdy, Senior Civil Engineer
SUBJECT: THE ZINFANDEL DRIVE BICYCLE AND PEDESTRIAN
OVERCROSSING AND ARTWALK PRESENTATION AND
RESOLUTIONS AUTHORIZING THE CITY MANAGER TO APPROVE
ARTIST CONTRACT NUMBERS 2026-8, 2026-9, 2026-10 AND 2026- 11 RECOMMENDATION
Receive the Zinfandel Drive Bicycle and Pedestrian Overcrossing and Artwalk Presentation and adopt the Resolutions authorizing the City Manager to approve Contract No. 2026-8 with artist Sheila Wyne, Contract No. 2026-9 with artist Adrien Segal, Contract No. 2026-10 with artist Matthew Mazzotta, and Contract No. 2026-11 with artist Aaron Stephens.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolutions for the artists contract awards would allow the artists to continue the advancement of their art designs that would be incorporated into the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project.
BACKGROUND
U.S. Highway 50 is an impediment to alternative modes of travel within the City of Rancho Cordova, creating a barrier between the north and south sides of the city. While vehicle crossings exist, safe and comfortable bicycle and pedestrian facilities are limited. This results in bicycles sharing the road with high speed vehicles entering and exiting the freeway and major commercial/employment centers. This Project will construct a bicycle and pedestrian facility along Zinfandel Drive from White Rock Road to Folsom Boulevard. This Project will improve multi-modal access and user comfort by removing the barrier to active transportation created by U.S. Highway 50, connecting communities on both sides of the freeway, including improved access to the Zinfandel light rail station, housing, jobs and education. The completed work will reduce vehicle miles traveled and improve air quality.
In 2021, staff presented the proposed alternatives for the project to Council, with the Tied Arch Bicycle and Pedestrian Overcrossing being the preferred alternative. With the alternative being selected, the project team advanced the environmental and preliminary engineering phases and in 2024, the project was environmentally cleared and received approval for the Project Report.
City Council Staff Report - Page 2 of 3
Currently, the project is in the final stages of design and approval by Caltrans.
On August 5, 2024, the City Council approved a comprehensive Art Plan for the Project that included four large public art installations, community signage and way finding signage for the Project. In Fall 2024, the city issued a Request for Qualifications to artists for all four public art pieces within the Project. The solicitation was for the three 3D sculptural pieces and one 2D wall piece. In accordance with the Art Plan, two review panels were assembled of arts professionals, city and community representatives.
In Spring of 2025, the two arts panels convened and recommended a group of finalists to prepare proposals for each of the four sites. The artists were given three months to finalize their proposals and present their designs to the review panels in Summer of 2025. Four artists were selected for the art pieces and have worked to refine their art proposals to meet the site conditions. Here is an overview of the four artists and artworks that were recommended for approval by the art panel:
Site Artist Artwork Title Budget
#1: Sculpture at the Corner of
White Rock Rd & Zinfandel Dr
Sheila Wyne Tree Walker $200,000
#2: Wall Mosaic along Path
south of Gold Center Dr
Adreil Segal Lichen Crossing $250,000
#3: Sculpture in the Loop
Ramp of WB50 On-Ramp
Matthew Mazzotta Passing Through $200,000
#4: Sculpture on North
Gateway near Olson Dr
Aaron Stephens Cascade $200,000
Three of the four art pieces fall within the California Department of Transportation's (Caltrans) Right of Way and are required to go through the Caltrans Transportation Art review process.
The art piece outside of Caltrans' right of way is Site #1, the sculpture located at the northeast corner of White Rock Road and Zindandel Drive. In Fall of 2025, the three pieces were submitted for Caltrans preliminary review. These three art pieces will be subject to the Caltrans process, which includes executing an Art Maintenance Agreement requiring the city to be responsible for all maintenance, graffiti removal, and restoring damaged artwork. Caltrans also requires a provision in the art agreement that the ownership of the artwork in the right of way is transferred to Caltrans. The city will have the opportunity to remove and relocate the artwork should Caltrans deem it a safety hazard in the future. Caltrans' required provisions are included in the agreements for sites #2, #3 and #4 as required by the Caltrans Transportation Art process.
The project is tentatively scheduled to start construction in Summer 2026 and end in 2028. This schedule will allow the artwork to be designed and integrated with the overall Zinfandel Drive Bicycle and Pedestrian Overcrossing Project.
FISCAL IMPACT AND FUNDING SOURCE
The $1,400,000 for the Zinfandel Bicycle and Pedestrian Overcrossing artwork and signage are included in the existing 2025-26 Capital Improvement Program budget.
ATTACHMENT(S)
1. Presentation
2. Resolution for Contract No. 2026-8
City Council Staff Report - Page 3 of 3
3. Contract No. 2026-8
4. Resolution for Contract No. 2026-9
5. Contract No. 2026-9
6. Resolution for Contract No. 2026-10
7. Contract No. 2026-10
8. Resolution for Contract No. 2026-11
9. Contract No. 2026-11
1 Zinfandel Drive Bicycle and
Pedestrian Overcrossing
& Art Walk Project
February 2, 2026
CityOfRanchoCordova.org
ITEM 16.2. ATTACHMENT 1
2 • Update Council On:
• Project Goals & Vision
• Project Status
• Project Aesthetics:
• Art Plan Overview
• Artwork Proposals
• Next Steps
• Recommend Approval of the
Proposed Artwork Proposals
& Artist Agreements
Meeting Goals
ITEM 16.2. ATTACHMENT 1
3 Zinfandel Pedestrian Overcrossing & Art Walk
Project Goals & Vision:
• The Art Walk will enhance multimodal trail, establish placemaking, and meets City public art strategic
planning goals.
• Improves bike and ped access along Zinfandel Drive
• Improves connectivity to existing SacRT Light Rail
Stations along Folsom Blvd.
• Increase safety by reducing conflict zones at Highway 50 ramps.
• Increase safety at Olson Drive
• Support the goals of the City’s Bike and Pedestrian
Master Plans
– Grade Separated Crossings, particularly at
Highway 50
• Supports Economic Development in the City’s
Employment Centers
– Connects employment centers south of
Highway 50 with commercial centers north of
Highway 50
ITEM 16.2. ATTACHMENT 1
4 Zinfandel Pedestrian Overcrossing Project Status
• Total Project cost $35.3M.
• $23.3M in grant funding received for the Project.
• Summer 2024: Project Approval and Environmental
Document Phase
– August 2024: City Council consideration for
approval of the Initial Study Mitigated Negative
Declaration
– September 2024: Caltrans Approval of Project
Report
• Summer 2024 – Fall 2025: Right of Way Phase
• Fall 2025: 65% to 100% Design Phase
• Winter 2026: Complete Design and State Grant Fund
Authorization
• Summer 2026: Construction Start
• Spring 2028: Project Completion
ITEM 16.2. ATTACHMENT 1
5 Art Plan & Proposed Artwork Locations
ITEM 16.2. ATTACHMENT 1
6 Zinfandel Pedestrian Overcrossing & Art Walk
• On August 5, 2024: The City Council approved the Project Art Plan • The FY 2025 – 2030 Capital Improvement Plan includes $1.4M budget for the Project artwork and signage
The Artwork Should:
• Be a gateway to and from the Zinfandel Bridge Overcrossing • Reflect Rancho Cordova’s identity at the crossroads of California geographically, historically, culturally, and commercially • Consider the site’s connection between the northern and southern neighborhoods
• Consider the site both a destination and connection that will be experienced by pedestrian’s and bicyclists as they traverse the site Art Review Panel:
• The panels included representatives from the Rancho Cordova community; art professors and educators; practicing artists; curators, museum and art centers directors; public art
professionals, designers, and arts commissioners
ITEM 16.2. ATTACHMENT 1
7 Art Work Selection Process
City Council: Approves Final Designs
Artist Selection Panel: Reviews and Selects Final Designs Artists Selected as Finalists: Paid to Develop Design Proposals Artist Selection Panel: Reviews Submissions Selects Finalists Art Plan: City Council Review and Consideration for Approval (August 2024) ITEM 16.2. ATTACHMENT 1
8 Artist Selection Process
• Art RFQ Release: September 2024
• Art RFQ Submitted: October 2024
• RFQ Responses:
• 3D Applicants: 98 Applicants
• 2D Applicants: 85 Applicants
• January 2025:
• 3D Proposals: 6 Artists invited to submit a proposal
• 2D Proposals: 6 Artists invited to submit a proposal
• May 2025:
• Art Selection Panel Makes recommendation on proposals for all Sites • Summer 2025: Artists Refine Proposals
• October 2025: Caltrans Pre-applications submitted
• February 2026: City Council review of Proposals
ITEM 16.2. ATTACHMENT 1
9 Proposed Artwork Proposals
ITEM 16.2. ATTACHMENT 1
10 Proposed Art Walk Experience
Olson Drive
Viewpoint
City Parcel
ITEM 16.2. ATTACHMENT 1
11 Proposed Art Walk Experience – Caltrans Right of WayOlson Drive Viewpoint
City Parcel
Limits of Caltrans
Right of Way
ITEM 16.2. ATTACHMENT 1
12 Artwork Site #1: Corner of White Rock & Zinfandel
• Budget: $200,000
• One or more sculpture(s)
• Visible by car
• Marks south entrance to trail
• City Right of Way
About the Artist:
• Sheila Wyne
• Anchorage, Alaska
• Working in Public Art since 2006
Northeast Corner of Zinfandel Dr & White Rock Rd
ITEM 16.2. ATTACHMENT 1
13 Samples of Artist Work: Sheila Wyne
ITEM 16.2. ATTACHMENT 1
14 Site #1 Proposal: Tree Walker
ITEM 16.2. ATTACHMENT 1
15 Proposed Art Walk Experience – Site #2
Olson Drive
Viewpoint
Site #1: Northeast Corner of Zinfandel Dr &
White Rock Rd
• Budget: $250,000
• Mosaic
• Partial cover
• Recessed
Site #2: Wall along the trail before the Gold Center Dr Undercrossing About the Artist:
• Adrien Segal, Alameda, CA
• BFA California College of the Arts
• Professor at California College of the Arts Caltrans Right of Way ITEM 16.2. ATTACHMENT 1
16 Samples of Artist Work: Adrien Segal
ITEM 16.2. ATTACHMENT 1
17 Site #2 Proposal: Lichen Crossing
ITEM 16.2. ATTACHMENT 1
18 Site #2 Proposal: Lichen Crossing
ITEM 16.2. ATTACHMENT 1
19 Site #2 Proposal: Lichen Crossing
ITEM 16.2. ATTACHMENT 1
20 Site #2 Proposal: Lichen Crossing
ITEM 16.2. ATTACHMENT 1
21 Proposed Art Walk Experience – Site #3
Olson Drive
Viewpoint
Site #1: Northeast Corner of Zinfandel Dr &
White Rock Rd
• Caltrans will not allow text in Public Art
• Updated Proposal:
– Budget: $200,000
– Sculpture
US50 Off-ramp
Site #3: Loop Ramp
Caltrans Right of Way
ITEM 16.2. ATTACHMENT 1
22 Proposed Art Walk Experience – Site #3
Olson Drive
Viewpoint
Site #1: Northeast Corner of Zinfandel Dr &
White Rock Rd
• Caltrans will not allow text in Public Art
• Updated Proposal:
– Budget: $200,000
– Sculpture
US50 Off-ramp
Site #3: Loop Ramp
About the Artist:
• Matthew Mazzotta, Canton, NY
• BFA School of Art Institute of Chicago & Masters in Visual Studies MIT • Lecturer at MIT
ITEM 16.2. ATTACHMENT 1
23 Samples of Artist Work: Matthew Mazzota
ITEM 16.2. ATTACHMENT 1
24 Site #3 Proposal: Passing Through
ITEM 16.2. ATTACHMENT 1
25 Site #3 Proposal: Passing Through
ITEM 16.2. ATTACHMENT 1
26 Site #3 Proposal: Passing Through
ITEM 16.2. ATTACHMENT 1
27 Proposed Art Walk Experience – Site #4
Olson Drive
Viewpoint
Site #1: Northeast Corner of Zinfandel Dr &
White Rock Rd
• Budget: $200,000
• Sculpture(s)
• Over walkway or next to path
• Caltrans Right of Way
US50 Off-amp
Proposed Art
Location
Proposed Art Location South of US WB Off-ramp
About the Artist:
• Aaron Stephens, Portland, ME
• BFA Purchase College NY & MFA Maine College of Arts
• Teaching Experience at Various Colleges including Maine College of the Arts ITEM 16.2. ATTACHMENT 1
28 Samples of Artist Work: Aaron Stephens
ITEM 16.2. ATTACHMENT 1
29 Site #4 Proposal: Cascade
ITEM 16.2. ATTACHMENT 1
30 Site #4 Proposal: Cascade
ITEM 16.2. ATTACHMENT 1
31 Zinfandel Pedestrian Overcrossing & Art Walk
Site #2: Lichen Crossing
Site #1: Tree Walker Site #3: Passing Through Site #4: Cascade ITEM 16.2. ATTACHMENT 1
32 2025
Zinfandel Drive Pedestrian Overcrossing & Art Walk
Summer
2021:
Community
Outreach
Aug 2024:
City Council
Approved Art
Plan
2021 2022 2023 2024 2026
2028:
Art
Installation
Winter 2026:
City Council
Approves
Artists Art Fabrication &
Caltrans
Encroachment
Permit
Artist
Selection
Process
Summer 2026:
Construction
Award
Spring 2028:
Project
Completion
Project
Construction
Environmental Clearance, Finalize Project Design
& Bid Project
2027 2028
ITEM 16.2. ATTACHMENT 1
33 Zinfandel Drive Pedestrian Overcrossing & Art Walk
Council Feedback
Recommendation
• Receive Proposed Art Work Presentation and Provide Input • Approve Four Artist Resolutions and Agreements
Next Steps
• Execute Artist Agreement
• Finalize Permits with Caltrans
• Complete the Project Design and Bid out the Project Construction Future City Council Updates
• Zinfandel Pedestrian Overcrossing Construction Award
Olson Drive
ITEM 16.2. ATTACHMENT 1
34 Zinfandel Pedestrian Overcrossing & Art Walk
Site #2: Lichen Crossing
Site #1: Tree Walker Site #3: Passing Through Site #4: Cascade ITEM 16.2. ATTACHMENT 1
ITEM 16.2. ATTACHMENT 2
Resolution No. XX-2026 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2026-8 IN AN AMOUNT NOT TO EXCEED $200,000 WITH SHEILA WYNE FOR SITE #1
ARTWORK PIECE TREE WALKER FOR THE ZINFANDEL DRIVE BICYCLE AND
PEDESTRIAN OVERCROSSING PROJECT
WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2026-8 with Sheila Wyne in an amount not to exceed $200,000 for final engineering, fabrication and installation of the Site #1 artwork titled Tree Walker for the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project (“Project”); and
WHEREAS, on August 5, 2024, the City Council adopted an Art Plan for the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project that includes a comprehensive signage program and four pieces of prominent public art; and
WHEREAS, the artwork and signage for the Project has been budgeted at $1,400,000 in the city’s current approved Capital Improvement Plan and in the 2025/2026 budget; and WHEREAS, in accordance with the City Council adopted Art Plan, a thorough solicitation process was followed that included a request for qualifications and an art review panel evaluating artist qualifications and proposals for each site; and WHEREAS, art panel has recommended Sheila Wyne’s Tree Walker piece for Site #1 of the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project located at the northeast corner of Zinfandel Drive and White Rock Road.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2026-8 in an amount not to exceed $200,000 with Sheila Wyne and in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of February 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Garrett Gatewood, Mayor
ITEM 16.2. ATTACHMENT 2
Resolution No. XX-2026 Page 2 of 2
ATTEST:
Stacy Leitner, CMC
City Clerk
1 2026-8
CONTRACT TO PURCHASE ARTWORK
This Agreement is made at Rancho Cordova, California, as of February 2, 2026 (“Effective Date”), by and between the City of Rancho Cordova, a municipal corporation (“City”), and
Sheila Wyne
2911 Willow Street
Anchorage, Alaska 99517
907-360-2382
[email protected]
(“Artist”). The City and Artist may be referred to collectively as “Parties” or in the singular as “Party,” as the context requires.
RECITALS
A. The City Council of Rancho Cordova approved an Art Plan on August 5, 2024 which allocated funding for artworks in the Zinfandel Bicycle and Pedestrian Overcrossing (ZBPO). Artworks to be commissioned or purchased by the City are selected through a review process in coordination with the City’s Public Works Department. Once the City’s Public Works Department has a recommendation for artwork related to an eligible project the City Council will consider the recommendation. The City Council has final say on the selection and placement of artwork within the City as well as the appropriation and use of funds from this program.
B. Funds have been allocated for the selection, purchase and placement of artwork to be installed at the City of Rancho Cordova ZBPO. The artist is selected through a competitive process and the artwork concept is to be approved by the City Council.
NOW THEREFORE, the Parties mutually agree as follows:
1. Scope of Work. Subject to the terms and conditions set forth in this Agreement, Artist shall:
A. In accordance with the schedule set forth in Exhibit I, purchase on Artist's account all labor, supplies, materials and equipment required to design and furnish to the City an artwork (the "Artwork" or “Work”) at ZBPO and fabricate, deliver and install the Work at ZBPO to the satisfaction of City and in substantial conformance with Artist's Design Proposal (“Proposal”).
B. The Artwork shall be placed and located per the specifications set forth in Exhibit II.
C. Artist shall not commence performance of any of the services identified in section 1.A until receiving a written “Notice to Proceed” from the City for each Phase and Milestone of this project.
D. City shall provide Artist at no expense to Artist, all reasonably necessary ITEM 16.2. ATTACHMENT 3
2 2026-8
information including, but not limited to, copies of existing designs, site plans, drawings, reports, list of required permits, and other existing relevant data, if any, needed by Artist in order to perform Artist’s obligations within fifteen (15) days of Artist’s written request itemizing the requested information.
E. City shall provide Artist with any other reasonably necessary information concerning all applicable laws and regulations, including zoning or environmental regulations, within fifteen (15) days of Artist’s written request itemizing the requested information. Notwithstanding the foregoing, Artist shall be responsible for complying with all laws, including, without limitation, zoning and environmental laws and regulations.
2. Payment.
A. Artist shall be paid an amount not to exceed two hundred thousand dollars ($200,000), for production of the Artwork, as set forth herein.
B. Payments to Artist shall be made within 30 days after receipt of Artist’s invoices following completion of the tasks set forth below. Artist shall be responsible for supplying all documentation necessary to verify the billings to the satisfaction of City. Artist agrees that City has no obligations regarding commissions or any agreements with galleries or agents with whom Artist may have contracted. City is not responsible for paying sales tax.
C. Payments to Artist shall be made upon completion of the following tasks as described in Exhibit I:
(1) Twenty-five thousand dollars ($25,000) upon submission of evidence of insurance acceptable to the City, execution of this Agreement, and dispatch of purchase order by the City.
(2) Sixty-five thousand dollars ($65,000) upon completion of Phase 1:
Final design proposal.
(3) Fifty-thousand dollars ($50,000) upon completion of Phase 2.a milestone: 50 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff.
(4) Twenty thousand dollars ($20,000) upon completion of Phase
2.b milestone. 100 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff before transportation to site.
(5) Fifteen thousand dollars ($15,000) upon completion of Phase 3.
Complete installation of Artwork at agreed upon location. (6) Five thousand dollars ($5,000) upon completion of Phase 4.
ITEM 16.2. ATTACHMENT 3
3 2026-8
Acceptance of Work by City; City acceptance of Maintenance Report (Exhibit III); submission of 20 high resolution digital images of fabrication and installation of artwork and completed artwork to City; submission of proof of all Final and special Inspection documents.
D. No payment shall be made if Artist is in default of this Agreement or if any milestone or Phase is not completed to the satisfaction of City. City shall have sole discretion to determine whether a milestone or Phase has been completed to its satisfaction.
3. Time of Performance; Documentation of Work. Time is of the essence in this Agreement. Artist shall dedicate such time and effort as is necessary to fulfill Artist’s obligations to completely finish and install the Work to the satisfaction of City within the timelines set forth in the Schedule, except as the Work may be delayed by circumstances described in section 19, below. City shall make its staff and contractors reasonably available to Artist for consultation and assistance in order to achieve the purposes of this Agreement. Artist shall provide to the City twenty (20) high resolution (300 dpi minimum) professional quality digital images documenting the processes of Work fabrication and installation, and the completed Work. Artist shall also provide City with a complete schedule for maintenance of the Work in the form reflected in Exhibit III hereto.
4. Artist Warranties.
A. Restoration of Work Site. Artist agrees and warrants that, within 30 days after the Work is accepted by the City, Artist shall restore the Work site (including the entire area affected by the fabrication and installation of the Work) to a state and condition that is substantially similar to that which existed when the Work was begun. Artist further agrees and warrants that, within the period specified herein, Artist shall repair or replace, as is determined necessary by City, and to the reasonable satisfaction of City, all property (real, personal or otherwise), which has been damaged, injured or otherwise adversely affected by the acts or omissions of Artist, Artist’s agents, contractors, or employees. Artist shall be solely responsible for all expenses and costs which may be necessary to comply with the requirements of this paragraph, and City shall have no responsibility or liability. Artist shall not be responsible for repair or damage to the Work site not caused by Artist or Artist’s Work.
B. Originality of Work. Artist warrants that the Work is original and is solely the product of Artist’s own creative efforts and does not infringe the rights, including copyrights, of any person or entity. Artist also warrants that, unless otherwise stipulated in writing, the Work is original, that it is an edition of one (1), and that Artist shall not sell, license, perform or reproduce a substantially similar copy of the Work without the prior written consent of City. However, nothing contained herein shall prevent the Artist from creating future works in their style and manner of working.
C. Work Free from Defects. Artist shall warrant and maintain the Work free ITEM 16.2. ATTACHMENT 3
4 2026-8
from all faults or defects related to material or workmanship for a period of one year after the Work is accepted by City.
D. Copyright: Artist owns the copyright. Artist expressly reserves every right available to Artist at common law or under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Work. Artist authorizes the City and its assigns to make photographs, drawings, and other two-dimensional reproductions of the Work without prior consent of Artist if used solely for non-commercial purposes, advertising, descriptive brochures, and similar purposes.
E. Compliance with all Laws. Artist agrees to fabricate and install the Work in conformance with all applicable laws. Specifically, and without limitation, Artist is fully aware of the provisions of Labor Code section 1720 et seq. regarding payment of prevailing wages in connection with public works, and Artist shall comply with such laws, as applicable. Artist’s execution of this Agreement is an acknowledgment that it has had the opportunity to obtain independent legal advice and counsel in this regard prior to executing this Agreement. Neither the City nor any of its employees, agents, or representatives have rendered opinions to Artist respecting the applicability of Labor Code section 1720 et seq. to the Work or installation thereof, and Artist has not relied on any such representation in entering into this Agreement. In the event any claim of any kind or nature based on Labor Code section 1720 et seq. (including section 1781) is brought or made against the City in connection with this Agreement, the Work, or its installation, Artist shall defend, indemnify, and hold harmless the City with respect to such claim in accordance with paragraph 12, below.
5. Transfer of Title to Work. Title to the Work shall remain with Artist until City has accepted the Work as completed and it is installed to the satisfaction of City. When City has so certified, title shall transfer to City. Artist shall bear all risk of loss of the Work until title has been transferred to City, and City agrees to inspect Work and accept Work within fifteen (15) business days of Artist’s notification of completion, unless the provisions of 7(A)(1) or 7(A)(2) apply.
6. Performance Made Impossible. In the event it shall become impossible for Artist to complete the Work because of illness or injury, this Agreement may be terminated at the sole discretion of City, and, in such event, all completed work, materials, and supplies related to the Work shall be delivered to City and shall, along with the Proposal, become City’s sole property. City shall thereafter have no obligation to make any additional or further payments to Artist, and Artist shall have no further or additional claims against City with respect to the Work or such portion thereof as may be completed, or the Proposal, or with respect to any matter whatsoever pertaining to, affected by or embodied in this Agreement. In the event of such termination, City may take such action as may appear to it appropriate under the circumstances, including, without limitation of the generality of the foregoing, commissioning another artist to complete the Work. In the event that City completes the Work or arranges to have it completed, Artist’s name shall be publicly displayed at, on or near the Work, unless Artist and City mutually agree ITEM 16.2. ATTACHMENT 3
5 2026-8
otherwise.
7. Acceptance of Work.
A. City agrees to accept the completed Work unless the Work was not completed in substantial conformance with the Proposal or the Specifications, all as determined by the City, and to the City’s satisfaction.
B. Upon notifying Artist with the City’s written notice of refusal to accept the Work for the reasons stated in paragraph 7(A) City shall have the right to:
1) request that Artist correct the deficiencies in the Work within a reasonable time, or 2) terminate this Agreement and recover all sums previously paid to Artist. Both remedies shall be independent and cumulative and in addition to any other remedy available to the City at law or equity.
Enforcement of one such remedy shall not be exclusive, nor shall it be deemed an election of such remedy to the exclusion of any other or further remedy. However, nothing contained herein shall limit City’s available remedies at law and equity.
C. No payments to Artist shall be deemed as a waiver of City’s right to refuse to accept the Work.
8. City Maintenance of Work. City agrees to reasonably ensure that the Work is properly maintained and protected after City’s acceptance of the Work. City agrees that it will not intentionally destroy damage, alter, modify or change the Work in any way. If an alteration should occur, either intentionally or unintentionally, the Work will no longer be represented as the work of the Artist without his or her written permission. This does not preclude the City’s right to move or remove the Work from display or deaccession the Work. In the event it becomes necessary to change the placement of the Work, City shall confer with Artist concerning placement, though the ultimate placement of the Work is solely within the City’s discretion.
9. Repair of Work. In the event repair of the Work is required, City may give Artist the opportunity to perform the repairs for a reasonable fee to be determined. In the event Artist refuses to make the repairs whether due to lack of agreement on the fee, or otherwise, City may arrange for repairs by another qualified person. When emergency repairs are necessary in order to prevent the loss of or further damage to the Work, such repairs shall be undertaken or arranged by City without advance notice to Artist, and such repairs shall not constitute an artistic alteration. City shall thereafter notify Artist as soon as is practicable.
10. Work Authorship. City shall ensure that Artist’s name is publicly displayed on, at, or near the Work. In the event the Work is substantially damaged or altered, City shall no longer represent the Work to be the Work of Artist if Artist gives written notice to City that Artist denies authorship of the Work on the grounds stated in this paragraph.
11. Artist Payment of Contractors and Employees. In the event Artist hires or ITEM 16.2. ATTACHMENT 3
6 2026-8
contracts with employees, subcontractors, or material suppliers, Artist shall pay these employees, subcontractors, or material suppliers any amounts due out of the payments made to Artist by City for completion of the phase of work for which the employees, subcontractors, or material suppliers provided labor or materials and provide proof of payment to the City prior to completion of the next phase of work. In the case of nonpayment of wages or other amounts due the employees, subcontractors, or material suppliers herein, City may withhold from Artist out of payments due a sum sufficient to pay such persons the amounts owed by Artist absent evidence satisfactory to the City of a legal basis for such nonpayment. All subcontractors shall be properly licensed pursuant to the Contractors State License Law (Business and Professions Code sections 7000 et seq.). Before performing any work, each subcontractor shall provide to the City and Artist evidence that the subcontractor has workers’ compensation insurance coverage.
12. Indemnity. Artist shall defend, hold harmless, and indemnify City, its officers and employees, and each and every one of them, from and against any and all claims, actions, damages, costs, liabilities, demands, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Claims”), including but not limited to Claims arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, that arise out of, pertain to or relate solely to any negligent act or omission, recklessness or willful misconduct of Artist, its subcontractors or agents, and their respective officers and employees, in connection with performance of or failure to perform this Agreement, whether or not such Claims are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from the sole negligence or willful misconduct of City, its subcontractors or agents, and their respective officers and employees as determined by a court of competent jurisdiction. Unless and until such determination is made, or as otherwise agreed, artist shall defend, indemnify, and hold harmless the City, its officers, and employees. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 12, nor shall the limits of such insurance limit the liability of Artist hereunder. The provisions of this Section 12 shall survive any expiration or termination of this Agreement.
13. Insurance. During the entire term of this Agreement, Artist shall maintain the insurance coverage described in this Section 13. Full compensation for all premiums that Artist is required to pay for the insurance coverage described herein shall be included in the compensation paid to Artist under this Agreement. No additional compensation will be provided for Artist’s insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
It is understood and agreed by the Artist that its liability to the City shall not in any ITEM 16.2. ATTACHMENT 3
7 2026-8
way be limited to or affected by the amount of insurance coverage required or carried by the Artist in connection with this Agreement.
A. Minimum Scope & Limits of Insurance Coverage
1. General Liability:
a. Comprehensive general liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability.
b. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence). c. Claims-made coverage is not acceptable.
d. The limits of liability shall not be less than:
Each occurrence: One Million Dollars ($1,000,000)
Products & Completed Operations: One Million Dollars
($1,000,000)
Personal & Advertising Injury: One Million Dollars ($1,000,000) e. If a product and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate shall be twice each occurrence limit, or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to this contract.
2. Automobile Liability:
a. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of hired, and non-owned automobiles. b. Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbols 8, and 9 (hired, and non-owned).
c. The limits of liability per accident shall not be less than:
Combined Single Limit: One Million Dollars ($1,000,000) d. If general liability coverage, as required above, is provided by the Commercial General Liability form, the automobile liability policy shall include an endorsement providing automobile contractual liability.
3. Worker's Compensation
a. Worker's Compensation Insurance, with coverage as required by the State of California (unless the Artist is a qualified self-insurer with the State of California), and Employers Liability coverage. The Artist shall execute a certificate in compliance with Labor Code Section 1861. b. Employer’s Liability Coverage shall not be less than the statutory ITEM 16.2. ATTACHMENT 3
8 2026-8
requirements.
c. If an injury occurs to any employee of the Artist for which the employee or his dependents, in the event of his death, may be entitled to compensation from the City under the provisions of the Acts, for which compensation is claimed from the City, there will be retained out of the sums due the Artist under this Contract, an amount sufficient to cover such compensation as fixed by the Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due to the Artist. d. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and employees for losses arising from work performed by the Artist.
4. Other Insurance Provisions: The general liability coverage shall contain the following provisions and endorsements:
a. The City, its officials, employees, agents and volunteers shall be covered and specifically named as additional insured as respects liability arising out of activities performed by or on behalf of the Artist, products and completed operations of the Artist, premises owned, occupied, or used by the Artist, or automobiles owned, leased, hired, or borrowed by the Artist on a separate endorsement acceptable to the Risk Manager. b. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and employees for losses arising from work performed by the Artist.
c. The policy shall contain no special limitations on the scope of coverage afforded to the City, its officials, employees, agents or volunteers. d. Provision or endorsement stating that for any claims related to this contract, the Artist’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers to the extent the City is an additional insured. Any insurance or self- insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Artist’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss or judgment. e. Any failure to comply with reporting or other provisions of the policies on the part of the Artist, including breaches of warranties, shall not affect Artist’s requirement to provide coverage to the City, its officers, officials, employees, agents or volunteers.
5. Acceptability of Insurers: Insurance is to be placed with insurers with a Bests' rating of no less than A:VII.
6. Any deductibles, aggregate limits, pending claims or lawsuits that may diminish the aggregate limits, or self-insured retention(s), must be declared to, and approved by, the City.
ITEM 16.2. ATTACHMENT 3
9 2026-8
7. The Artist shall furnish the City with certificates of insurance and original endorsements or insurance binders, signed by a person authorized by the insurer to bind coverage on its behalf, evidencing the coverage required by this Contract. At any time at the written request of the City, Artist agrees to furnish a duplicate original or certified copy of each required policy including the declaration pages, conditions, provisions, endorsements, and exclusions.
8. The City, at its discretion, may increase the amounts and types of insurance coverage required hereunder at any time during the term of the contract by giving 30 days written notice.
9. The Artist shall serve the City notice, in writing by certified mail, within 2 days of any notices received from any insurance carriers providing insurance coverage under this Agreement that concern the suspension, voidance, cancellation, termination, reduction in coverage or limits, non- renewal, or material changes of coverage proposed or otherwise.
10. If the Artist fails to procure or maintain insurance as required by this section, and any Supplementary Conditions, or fails to furnish the City with proof of such insurance, the City, at its discretion, may procure any or all such insurance. Premiums for such insurance procured by the City shall be deducted and retained from any sums due the Artist under the contract.
11. Failure of the City to obtain such insurance shall in no way relieve the Artist from any of its responsibilities under the contract.
12. The making of progress payments to the Artist shall not be construed as relieving the Artist or its Sub-Artists or agents of responsibility for loss or direct physical loss, damage, or destruction occurring prior to final acceptance by the City.
13. The failure of the City to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at any time during the term of the contract.
14. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Artist are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Artist under the Contract.
14. Property of the City. It is mutually agreed that the Work, and all materials and components prepared by Artist related thereto under this Agreement, shall become the property of City, and Artist shall have no property right there in whatsoever.
Immediately upon termination and/or completion of this Agreement, City shall be entitled to, and Artist shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Artist in performing this Agreement which is not Artist’s privileged information, as defined by law, or Artist’s personnel ITEM 16.2. ATTACHMENT 3
10 2026-8
information, along with all other property belonging exclusively to City which is in Artist’s possession. Publication of any information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City. Additionally, it is agreed that the Parties intend this to be an agreement for services and each considers the products and results of the services to be rendered by Artist hereunder to be work made for hire. Except as set forth herein, Artist acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by the City.
15. Waiver of VARA and CAPA Rights. To the fullest extent permitted by law, and as concerns rights acquired by the City, Artist waives any and all rights Artist may have with respect to the Work under the federal Visual Artists Rights Act of 1990 (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art.
16. Location of Work. The final location of the Work shall be determined by the City’s architect or engineer following consultation with Artist.
17. Artist Change of Address. Artist shall notify City of Rancho Cordova in writing of any change of address. Failure to do so shall constitute a waiver of Artist’s rights under this Agreement during the time of the omission. Any waiver of a right pursuant to this Agreement for failure to maintain Artist's current address may be cured prospectively only by notifying City of Rancho Cordova of Artist’s current address. All rights of Artist pursuant to this Agreement shall be personal to Artist and shall terminate upon either the legal disability or incompetence of Artist or upon the death of Artist, except as provided Artist under copyright laws.
18. Excuse from Performance.
A. In the event Artist’s performance of any of his obligations or undertakings under this Agreement is delayed, interrupted, or prevented by an act of God, unforeseen conditions, unusually severe weather, or occurrences that are beyond the reasonable control of either party to this Agreement, Artist shall be excused from any further performance for whatever period of time after the occurrence necessary to remedy the effects of that occurrence. Artist shall notify City in writing within ten (10) days after any occurrence described in this section that may delay Artist performance. City shall amend the Schedule when, in its determination, Artist’s performance has been excused, and the delay or interruption has resulted in a material change in the time for performance.
B. In the event that the installation site has not been adequately prepared for receipt of the Work as scheduled, or delivery or installation is delayed due to a material failure on the part of the City or its subcontractors, then the ITEM 16.2. ATTACHMENT 3
11 2026-8
City shall promptly act to address the problem(s) identified by Artist. In such events, timelines for performance by Artist shall be extended as needed, provided, that none of the delays are caused in whole or in part by Artist.
Site preparation by City shall not include site measurements, which shall be the sole responsibility of Artist.
19. Public Lecture. If requested by the City, Artist will give one public art lecture (depending on timing either in person or electronically by webcast) regarding the Work after the installation of the Work is completed. Arrangements are to be approved in advance by the City of Rancho Cordova.
20. Model. As part of this Agreement, Artist will provide the City of Rancho Cordova one (1) Model and/or drawing of the proposed artwork.
21. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.
22. Entire Agreement. This document, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Artist, and by City, in accordance with applicable provisions of the Rancho Cordova City Code.
23. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
24. No Waiver. Neither City acceptance of, or payment for, any work performed by Artist, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
25. Choice of Law; Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
26. Assignment Prohibited. The expertise and experience of Artist are material considerations for this Agreement. Artist shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
27. Binding Effect. This Agreement shall be binding on the heirs, executors, ITEM 16.2. ATTACHMENT 3
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administrators, successors and assigns of the parties, subject to the provisions of Section 24, above.
28. Term; Suspension; Termination.
A. This Agreement shall become effective on the date that it is signed by both parties, set forth on the first page of the Agreement, and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.
B. City shall have the right at any time to temporarily suspend Artist’s performance hereunder, in whole or in part, by giving a written notice of suspension to Artist. If City gives such notice of suspension, Artist shall immediately suspend its activities under this Agreement, as specified in such notice.
C. City shall have the right to terminate this Agreement at any time by giving 30 days written notice of termination to Artist. If City gives such notice of termination, Artist shall immediately cease rendering services pursuant to this Agreement. If City terminates this Agreement:
1. Artist shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this Agreement.
2. City shall pay Artist the reasonable value of services rendered by Artist prior to termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Artist had the Agreement not been terminated. In this regard, Artist shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Artist. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.
ITEM 16.2. ATTACHMENT 3
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IN WITNESS WHEREOF, the Parties 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 ARTIST
______________________________ ______________________________ Micah Runner, City Manager Sheila Wyne
Date: ____________________ Date: ____________________
Attest:
______________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
______________________________
Adam U. Lindgren, City Attorney
Date: ____________________
Attachments
Exhibit I – Schedule for Completion of Work
Exhibit II - Specifications for Work
Exhibit III - Maintenance Report
ITEM 16.2. ATTACHMENT 3
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EXHIBIT I: SCHEDULE FOR COMPLETION OF WORK
The following schedule shall be adhered to in the design, fabrication and installation of the Work.
Artist understands that it is the City’s desire to have the Work installed at the ZBPO.
Artist will make every effort reasonably feasible to meet this deadline specified in the schedule below. Artist and City understand that time is of the essence and both parties agree to be as responsive and diligent as reasonably feasible towards reaching this installation date. City agrees to process invoices for early completion of milestones to the extent reasonably feasible, in-order-to meet the desired deadline.
Start Date: Upon receipt of a Notice to Proceed from the City.
Phase 1: to be completed within 2 months after the completion of the contracting process and City’s issuing Notice to Proceed and approval of Phase 1: Final Conceptual Design Proposal.
Description: Delivery of the following:
• engineering drawings
• estimates from suppliers and fabricators documenting project expenses • receipt of required permits
• the Final Design Proposal (“Final Design”) for the Artwork in conformance with the Final Concept. The Final Design shall include:
a. Details and location of the Work including an indication of form, scale and proposed materials.
b. A detailed written description of the fabrication and installation methods (“Installation Specification”).
c. A detailed fabrication and installation schedule (“Installation Schedule”), describing Artist’s specific timelines for completing the Work. d. A project budget
e. Artist, at City’s option, shall be available to present the Final Proposal, at one or more project meetings, to City staff, The Committee for the Arts, the Project Architect, or other individuals and organizations, as needed. Artist agrees to collaborate closely with City through in-person meetings and other necessary means of communication to thoroughly integrate the Final Design into ZBPO site.
f. The City may approve, with minor changes, or disapprove the Final Design.
In the event that the City disapproves the Final Design, or approves it with minor changes, the Artist, upon written notification by the City, shall respond to the changes in writing and submit up to two design modifications to the Final Design. Artist recognizes and agrees that the City will review the Final Design as revised and may make additional requests for changes regarding ITEM 16.2. ATTACHMENT 3
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the revised Final Design.
Phase 2: to be completed within 11 months after City approval of Phase 1.
Description: Fabrication of Artwork
Milestone 2a: 50 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff.
Milestone 2b: 100 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff before transportation to site.
a. Artist shall fabricate the Artwork in accordance with all Final Design drawings and Construction Drawings approved by the City. To the extent that any specification for the Artwork is not identified in the Final Design or in the Construction Drawings, Artist shall seek the City’s prior approval of these specifications before commencing with fabrication of the Artwork. b. Artist shall notify the City when the Artwork is at 50 percent and 100 percent completion. City must review and approve Artwork at each phase before Artist proceeds with the succeeding phase.
Phase 3: to be completed within 1 month after City approval of completion of Phase 2b.
Description: Complete installation. Artist will install artwork at the location as described in the Final Design and in accordance with the installation methods approved by the City.
Phase 4: to be completed within 1 month after Phase 3 is completed.
Description: Upon completion and installation of the Work, and acceptance of the Work by City, Artist shall satisfactory complete the Maintenance Report attached hereto as Exhibit III and submit 20 high resolution digital images of the fabrication and installation of the Artwork, and the completed Artwork to City. Artist will submit proof of all Final and Special Inspection documents. If requested by the City, Artist will deliver one Public Lecture within one year of project completion on a date to be mutually determined by the Artist and City of Rancho Cordova staff. Unless lecture is delivered immediately after installation of Artwork while Artist is in Rancho Cordova, lecture will be delivered electronically by webcast over the internet on a mutually determined electronic platform, date and time.
In no event shall Artist begin work on any Milestone or Phase without first receiving a written Notice to Proceed from City.
ITEM 16.2. ATTACHMENT 3
16 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074 EXHIBIT II: SPECIFICATIONS OF WORK ARTWORK
CONCEPT WRITTEN DESCRIPTION
The nearly mile-long Zinfandel Bicycle and Pedestrian Overcrossing allows pedestrians and bicyclists to traverse to home, work and school. In a sense they are wayfarers. People who journey from place to place. In the past, my studio has explored this concept sculpturally by using decommissioned street signage as a ‘wayfinding skin’ on figures that highlight the process of how people orientate themselves and navigate through a landscape. Or Big Game, blending of Comedia del Arte with Northern animals and their changing climate.
Wayfarer is an old term first used around 1430AD. A word that is used in many stories and myths. One inspiration is Italo Calvino’s The Baron in the Trees. Which got me thinking - what if a person could move from tree to tree for a lifetime as in his story? I paired that question with research into simple line drawings of trees, many from children, who, in their exuberance, would create energetic, often whimsical swooping lines to form the tree’s branches. A young hand that imagines possibilities.
Each generation adapts. What is hard for me (like climate change) I find the younger generations have often adapted with energy and focus to solve the problems. Generational perspectives are a gift. Rather than doomed, perhaps we’re in the ‘cat bird seat’. That’s an enviable position, often in terms of having a greater advantage in any type of circumstance.
With these thoughts in mind, I envisioned a grouping of 3 trees that create an abstracted sense of an open canopy. The tree walker strides through the upper canopy. An ode to travel by land or by tree. What is a Tree Walker and what is that person doing up there? Those are questions that will be pondered by every viewer and answered for themselves.
The material selected for the trees is Corten steel - a steel alloy that form a stable external layer of rust that eliminates the need for painting. The orangey patinas remind me of eucalyptus trunks.
The striding, gestural figure is also constructed of Corten steel. The ‘skin’ surface relates to the open weave found in the tree canopy with gaps for allowing the light to pass through the figure. The skin will be fabricated with a reflective material used for traffic signs.
In the submitted gesture, the scale is 25’ tall x 20’ wide x 18’ deep. The lowest branch is 11’ from the ground.
ITEM 16.2. ATTACHMENT 3
17 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
CONCEPT DESIGN
ITEM 16.2. ATTACHMENT 3
18 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074 ITEM 16.2. ATTACHMENT 3
19 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
ESTIMATED SCHEDULE
Approval/contracting: February – May 2026
Final design/permitting: July 2026
Fabrication: August 2026 – April 2027
Pack Ship: April 2027
Installation: May 2027
ITEM 16.2. ATTACHMENT 3
20 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
ESTIMATED BUDGET
ITEM 16.2. ATTACHMENT 3
21 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074 EXHIBIT III: MAINTENANCE REPORT
Artist:
Address:
Home Phone: Work Phone:
Studio Phone:
1. Title of the Artwork:
2. Medium or material:
3. Edition information, if applicable:
4. Date and place executed:
5. Collaborating artist(s), if applicable.
6. Maker(s) other than Artist (fabricators, technicians), if applicable. Include names, addresses, phone numbers and element worked on.
7. Location of signature and copyright mark, if it occurs.
8. Exhibitions pertaining only to the above-named work, if any.
9. Published reviews or articles concerning the above-named work.
ITEM 16.2. ATTACHMENT 3
22 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
10. Dimensions (please measure in both inches and centimeters; record height first, then width, then depth if needed or diameter; if a work is irregular or circular in shape, state as such in parenthesis; if work involves multiple pieces, measure the significant parts as well as the whole; measure the work separately from the frame or pedestal; include the dimensions of the frame or pedestal.)
11. Materials used in the execution of the Artwork (be technical and specific).
12. Technique or construction methods used in the execution of the Artwork (attach fabrication drawings, if necessary).
13. Material finish on the Artwork (glaze, paint color and type, sanding, grit, tool pattern, patina, surface sealer, etc.
14. Foundation/installation structure (include armature bolt/pin size, grout, etc.).
15. Handling instructions.
16. Artist’s statement about the Artwork (concept, message, relationship to site, etc.).
ITEM 16.2. ATTACHMENT 3
23 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
17. Describe recommended general routine maintenance and care for the Artwork (cleaning agent(s), procedure(s) timetable, etc.).
18. Special handling and/or storage instructions.
19. Special cautions or concerns regarding the Artwork.
20. Packing, shipping or storage instructions (should the need arise).
6262214.2
ITEM 16.2. ATTACHMENT 3
ITEM 16.2. ATTACHMENT 4
Resolution No. XX-2026 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2026-9 IN AN AMOUNT NOT TO EXCEED $250,000 WITH ADRIEN SEGAL FOR SITE #2
ARTWORK PIECE LICHEN CROSSING FOR THE ZINFANDEL DRIVE BICYCLE AND
PEDESTRIAN OVERCROSSING PROJECT
WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2026-9 with Adrien Segan in an amount not to exceed $250,000 for final engineering, fabrication and installation of the Site #2 artwork titled Lichen Crossing for the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project (“Project”); and
WHEREAS, on August 5, 2024 the City Council adopted an Art Plan for the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project that includes a comprehensive signage program and four pieces of prominent public art; and
WHEREAS, the artwork and signage for the Project has been budgeted at $1,400,000 in the city’s current approved Capital Improvement Plan and in the 2025/2026 budget; and WHEREAS, in accordance with the City Council adopted Art Plan, a thorough solicitation process was followed that included a request for qualifications and an art review panel evaluating artist qualifications and proposals for each site; and WHEREAS, art panel has recommended Adrien Segal’s Lichen Crossing piece for Site #2 of the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project located on a wall along the bike trail south of the Gold Center Drive undercrossing.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2026-9 in an amount not to exceed $250,000 with Adrien Segal and in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of February 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Garrett Gatewood, Mayor
ITEM 16.2. ATTACHMENT 4
Resolution No. XX-2026 Page 2 of 2
ATTEST:
Stacy Leitner, CMC
City Clerk
1 2026-9
CONTRACT TO PURCHASE ARTWORK
This Agreement is made at Rancho Cordova, California, as of February 2, 2026 (“Effective Date”), by and between the City of Rancho Cordova, a municipal corporation (“City”), and
Adrien Segal
1800 Ferry Point
Alameda, CA 94501
303-908-4690
[email protected]
(“Artist”). The City and Artist may be referred to collectively as “Parties” or in the singular as “Party,” as the context requires.
RECITALS
A. The City Council of Rancho Cordova approved an Art Plan on August 5, 2024 which allocated funding for artworks in the Zinfandel Bicycle and Pedestrian Overcrossing (ZBPO). Artworks to be commissioned or purchased by the City are selected through a review process in coordination with the City’s Public Works Department. Once the City’s Public Works Department has a recommendation for artwork related to an eligible project the City Council will consider the recommendation. The City Council has final say on the selection and placement of artwork within the City as well as the appropriation and use of funds from this program.
B. Funds have been allocated for the selection, purchase and placement of artwork to be installed at the City of Rancho Cordova ZBPO. The artist is selected through a competitive process and the artwork concept is to be approved by the City Council.
C. The Proposed Art Work is located in the California Department of Transportation (Caltrans) Right of Way and it is the intent of the City at a later date to transfer the Art Work title to Caltrans. A condition of that transfer will require the Artist to sign the Caltrans Copyright License and Waiver or Moral Rights prior to the issuance of any required encroachment permit.
NOW THEREFORE, the Parties mutually agree as follows:
1. Scope of Work. Subject to the terms and conditions set forth in this Agreement, Artist shall:
A. In accordance with the schedule set forth in Exhibit I, purchase on Artist's account all labor, supplies, materials and equipment required to design and furnish to the City an artwork (the "Artwork" or “Work”) at ZBPO and fabricate, deliver and install the Work at ZBPO to the satisfaction of City and in substantial conformance with Artist's Design Proposal (“Proposal”).
B. The Artwork shall be placed and located per the specifications set forth in Exhibit II.
ITEM 16.2. ATTACHMENT 5
2 2026-9
C. Artist shall not commence performance of any of the services identified in section 1.A until receiving a written “Notice to Proceed” from the City for each Phase and Milestone of this project.
D. City shall provide Artist at no expense to Artist, all reasonably necessary information including, but not limited to, copies of existing designs, site plans, drawings, reports, list of required permits, and other existing relevant data, if any, needed by Artist in order to perform Artist’s obligations within fifteen (15) days of Artist’s written request itemizing the requested information.
E. City shall provide Artist with any other reasonably necessary information concerning all applicable laws and regulations, including zoning or environmental regulations, within fifteen (15) days of Artist’s written request itemizing the requested information. Notwithstanding the foregoing, Artist shall be responsible for complying with all laws, including, without limitation, zoning and environmental laws and regulations.
2. Payment.
A. Artist shall be paid an amount not to exceed two-hundred and fifty thousand dollars ($250,000), for production of the Artwork, as set forth herein.
B. Payments to Artist shall be made within 30 days after receipt of Artist’s invoices following completion of the tasks set forth below. Artist shall be responsible for supplying all documentation necessary to verify the billings to the satisfaction of City. Artist agrees that City has no obligations regarding commissions or any agreements with galleries or agents with whom Artist may have contracted. City is not responsible for paying sales tax.
C. Payments to Artist shall be made upon completion of the following tasks as described in Exhibit I:
(1) Twenty thousand dollars ($20,000) upon submission of evidence of insurance acceptable to the City, execution of this Agreement, and dispatch of purchase order by the City.
(2) Seventy-Five thousand dollars ($75,000) upon completion of Phase 1: Final design proposal.
(3) Sixty-thousand dollars ($60,000) upon completion of Phase 2.a milestone: 50 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff.
(4) Forty-five thousand dollars ($45,000) upon completion of Phase 2.b milestone. 100 percent completion of Artwork
fabrication and approval by City of Rancho Cordova staff before transportation to site.
(5) Twenty thousand dollars ($20,000) upon completion of Phase 3.
ITEM 16.2. ATTACHMENT 5
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Complete installation of Artwork at agreed upon location. (6) Five-thousand dollars ($5,000) upon completion of Phase 4.
Acceptance of Work by City; City acceptance of Maintenance Report (Exhibit III); submission of 20 high resolution digital images of fabrication and installation of artwork and completed artwork to City; submission of proof of all Final and special Inspection documents.
D. No payment shall be made if Artist is in default of this Agreement or if any milestone or Phase is not completed to the satisfaction of City. City shall have sole discretion to determine whether a milestone or Phase has been completed to its satisfaction.
3. Time of Performance; Documentation of Work. Time is of the essence in this Agreement. Artist shall dedicate such time and effort as is necessary to fulfill Artist’s obligations to completely finish and install the Work to the satisfaction of City within the timelines set forth in the Schedule, except as the Work may be delayed by circumstances described in section 19, below. City shall make its staff and contractors reasonably available to Artist for consultation and assistance in order to achieve the purposes of this Agreement. Artist shall provide to the City twenty (20) high resolution (300 dpi minimum) professional quality digital images documenting the processes of Work fabrication and installation, and the completed Work. Artist shall also provide City with a complete schedule for maintenance of the Work in the form reflected in Exhibit III hereto.
4. Artist Warranties.
A. Restoration of Work Site. Artist agrees and warrants that, within 30 days after the Work is accepted by the City, Artist shall restore the Work site (including the entire area affected by the fabrication and installation of the Work) to a state and condition that is substantially similar to that which existed when the Work was begun. Artist further agrees and warrants that, within the period specified herein, Artist shall repair or replace, as is determined necessary by City, and to the reasonable satisfaction of City, all property (real, personal or otherwise), which has been damaged, injured or otherwise adversely affected by the acts or omissions of Artist, Artist’s agents, contractors, or employees. Artist shall be solely responsible for all expenses and costs which may be necessary to comply with the requirements of this paragraph, and City shall have no responsibility or liability. Artist shall not be responsible for repair or damage to the Work site not caused by Artist or Artist’s Work.
B. Originality of Work. Artist warrants that the Work is original and is solely the product of Artist’s own creative efforts and does not infringe the rights, including copyrights, of any person or entity. Artist also warrants that, unless otherwise stipulated in writing, the Work is original, that it is an edition of one (1), and that Artist has not sold, licensed, or reproduce a substantially similar copy of the Work. However, nothing contained herein shall prevent the Artist from creating future works in their style and manner ITEM 16.2. ATTACHMENT 5
4 2026-9
of working.
C. Work Free from Defects. Artist shall warrant and maintain the Work free from all faults or defects related to material or workmanship for a period of one year after the Work is accepted by City.
D. Copyright: Artist owns the copyright. Artist expressly reserves every right available to Artist at common law or under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Work. Artist authorizes the City and its assigns to make photographs, drawings, and other two-dimensional reproductions of the Work without prior consent of Artist if used solely for non-commercial purposes, advertising, descriptive brochures, and similar purposes.
E. Compliance with all Laws. Artist agrees to fabricate and install the Work in conformance with all applicable laws. Specifically, and without limitation, Artist is fully aware of the provisions of Labor Code section 1720 et seq. regarding payment of prevailing wages in connection with public works, and Artist shall comply with such laws, as applicable. Artist’s execution of this Agreement is an acknowledgment that it has had the opportunity to obtain independent legal advice and counsel in this regard prior to executing this Agreement. Neither the City nor any of its employees, agents, or representatives have rendered opinions to Artist respecting the applicability of Labor Code section 1720 et seq. to the Work or installation thereof, and Artist has not relied on any such representation in entering into this Agreement. In the event any claim of any kind or nature based on Labor Code section 1720 et seq. (including section 1781) is brought or made against the City in connection with this Agreement, the Work, or its installation, Artist shall defend, indemnify, and hold harmless the City with respect to such claim in accordance with paragraph 12, below.
5. Transfer of Title to Work. Title to the Work shall remain with Artist until City has accepted the Work as completed and it is installed to the satisfaction of City. When City has so certified, title shall transfer to City. Artist shall bear all risk of loss of the Work until title has been transferred to City, and City agrees to inspect Work and accept Work within fifteen (15) business days of Artist’s notification of completion, unless the provisions of 7(A)(1) or 7(A)(2) apply.
6. Performance Made Impossible. In the event it shall become impossible for Artist to complete the Work because of illness or injury, this Agreement may be terminated at the sole discretion of City, and, in such event, all completed work, materials, and supplies related to the Work shall be delivered to City and shall, along with the Proposal, become City’s sole property. City shall thereafter have no obligation to make any additional or further payments to Artist, and Artist shall have no further or additional claims against City with respect to the Work or such portion thereof as may be completed, or the Proposal, or with respect to any matter whatsoever pertaining to, affected by or embodied in this Agreement. In the event of such termination, City may take such action as may appear to it appropriate ITEM 16.2. ATTACHMENT 5
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under the circumstances, including, without limitation of the generality of the foregoing, commissioning another artist to complete the Work. In the event that City completes the Work or arranges to have it completed, Artist’s name shall be publicly displayed at, on or near the Work, unless Artist and City mutually agree otherwise.
7. Acceptance of Work.
A. City agrees to accept the completed Work unless the Work was not completed in substantial conformance with the Proposal or the Specifications, all as determined by the City, and to the City’s satisfaction.
B. Upon notifying Artist with the City’s written notice of refusal to accept the Work for the reasons stated in paragraph 7(A) City shall have the right to:
1) request that Artist correct the deficiencies in the Work within a reasonable time, or 2) terminate this Agreement and recover all sums previously paid to Artist. Both remedies shall be independent and cumulative and in addition to any other remedy available to the City at law or equity.
Enforcement of one such remedy shall not be exclusive, nor shall it be deemed an election of such remedy to the exclusion of any other or further remedy. However, nothing contained herein shall limit City’s available remedies at law and equity.
C. No payments to Artist shall be deemed as a waiver of City’s right to refuse to accept the Work.
8. City Maintenance of Work. City agrees to reasonably ensure that the Work is properly maintained and protected after City’s acceptance of the Work. City agrees that it will not intentionally destroy damage, alter, modify or change the Work in any way. If an alteration should occur, either intentionally or unintentionally, the Work will no longer be represented as the work of the Artist without his or her written permission. City will maintain the artwork in accordance with the Maintenance requirements. This does not preclude the City’s right to move or remove the Work from display or deaccession the Work. In the event it becomes necessary to change the placement of the Work, City shall confer with Artist, concerning placement, though the ultimate placement of the Work is solely within the City’s discretion.
9. Repair of Work. In the event repair of the Work is required, City may give Artist the opportunity to perform the repairs for a reasonable fee to be determined. In the event Artist refuses to make the repairs whether due to lack of agreement on the fee, or otherwise, City may arrange for repairs by another qualified person. When emergency repairs are necessary in order to prevent the loss of or further damage to the Work, such repairs shall be undertaken or arranged by City without advance notice to Artist, and such repairs shall not constitute an artistic alteration. City shall thereafter notify Artist as soon as is practicable.
10. Work Authorship. City shall ensure that Artist’s name is publicly displayed on, at, or near the Work. In the event the Work is substantially damaged or altered, City ITEM 16.2. ATTACHMENT 5
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shall no longer represent the Work to be the Work of Artist if Artist gives written notice to City that Artist denies authorship of the Work on the grounds stated in this paragraph.
11. Artist Payment of Contractors and Employees. In the event Artist hires or contracts with employees, subcontractors, or material suppliers, Artist shall pay these employees, subcontractors, or material suppliers any amounts due out of the payments made to Artist by City for completion of the phase of work for which the employees, subcontractors, or material suppliers provided labor or materials and provide proof of payment to the City prior to completion of the next phase of work. In the case of nonpayment of wages or other amounts due the employees, subcontractors, or material suppliers herein, City may withhold from Artist out of payments due a sum sufficient to pay such persons the amounts owed by Artist absent evidence satisfactory to the City of a legal basis for such nonpayment. All subcontractors shall be properly licensed pursuant to the Contractors State License Law (Business and Professions Code sections 7000 et seq.). Before performing any work, each subcontractor shall provide to the City and Artist evidence that the subcontractor has workers’ compensation insurance coverage.
12. Indemnity. Artist shall defend, hold harmless, and indemnify City, its officers and employees, and each and every one of them, from and against any and all claims, actions, damages, costs, liabilities, demands, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Claims”), including but not limited to Claims arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, that arise out of, pertain to or relate solely to any negligent act or omission, recklessness or willful misconduct of Artist, its subcontractors or agents, and their respective officers and employees, in connection with performance of or failure to perform this Agreement, whether or not such Claims are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from the sole negligence or willful misconduct of City, its subcontractors or agents, and their respective officers and employees as determined by a court of competent jurisdiction. Unless and until such determination is made, or as otherwise agreed, artist shall defend, indemnify, and hold harmless the City, its officers, and employees. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 12, nor shall the limits of such insurance limit the liability of Artist hereunder. The provisions of this Section 12 shall survive any expiration or termination of this Agreement.
13. Insurance. During the entire term of this Agreement, Artist shall maintain the insurance coverage described in this Section 13. Full compensation for all premiums that Artist is required to pay for the insurance coverage described herein shall be included in the compensation paid to Artist under this Agreement. No ITEM 16.2. ATTACHMENT 5
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additional compensation will be provided for Artist’s insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
It is understood and agreed by the Artist that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Artist in connection with this Agreement.
A. Minimum Scope & Limits of Insurance Coverage
1. General Liability:
a. Comprehensive general liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability.
b. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence). c. Claims-made coverage is not acceptable.
d. The limits of liability shall not be less than:
Each occurrence: One Million Dollars ($1,000,000)
Products & Completed Operations: One Million Dollars
($1,000,000)
Personal & Advertising Injury: One Million Dollars ($1,000,000) e. If a product and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate shall be twice each occurrence limit, or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to this contract.
2. Automobile Liability:
a. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of hired, and non-owned automobiles. b. Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbols 8, and 9 (hired, and non-owned).
c. The limits of liability per accident shall not be less than:
Combined Single Limit: One Million Dollars ($1,000,000) d. If general liability coverage, as required above, is provided by the Commercial General Liability form, the automobile liability policy shall include an endorsement providing automobile contractual liability.
3. Worker's Compensation
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a. Worker's Compensation Insurance, with coverage as required by the State of California (unless the Artist is a qualified self-insurer with the State of California), and Employers Liability coverage. The Artist shall execute a certificate in compliance with Labor Code Section 1861. b. Employer’s Liability Coverage shall not be less than the statutory requirements.
c. If an injury occurs to any employee of the Artist for which the employee or his dependents, in the event of his death, may be entitled to compensation from the City under the provisions of the Acts, for which compensation is claimed from the City, there will be retained out of the sums due the Artist under this Contract, an amount sufficient to cover such compensation as fixed by the Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due to the Artist. d. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and employees for losses arising from work performed by the Artist.
4. Other Insurance Provisions: The general liability coverage shall contain the following provisions and endorsements:
a. The City, its officials, employees, agents and volunteers shall be covered and specifically named as additional insured as respects liability arising out of activities performed by or on behalf of the Artist, products and completed operations of the Artist, premises owned, occupied, or used by the Artist, or automobiles owned, leased, hired, or borrowed by the Artist on a separate endorsement acceptable to the Risk Manager. b. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and employees for losses arising from work performed by the Artist.
c. The policy shall contain no special limitations on the scope of coverage afforded to the City, its officials, employees, agents or volunteers. d. Provision or endorsement stating that for any claims related to this contract, the Artist’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers to the extent the City is an additional insured. Any insurance or self- insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Artist’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss or judgment. e. Any failure to comply with reporting or other provisions of the policies on the part of the Artist, including breaches of warranties, shall not affect Artist’s requirement to provide coverage to the City, its officers, officials, employees, agents or volunteers.
5. Acceptability of Insurers: Insurance is to be placed with insurers with a Bests' ITEM 16.2. ATTACHMENT 5
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rating of no less than A:VII.
6. Any deductibles, aggregate limits, pending claims or lawsuits that may diminish the aggregate limits, or self-insured retention(s), must be declared to, and approved by, the City.
7. The Artist shall furnish the City with certificates of insurance and original endorsements or insurance binders, signed by a person authorized by the insurer to bind coverage on its behalf, evidencing the coverage required by this Contract. At any time at the written request of the City, Artist agrees to furnish a duplicate original or certified copy of each required policy including the declaration pages, conditions, provisions, endorsements, and exclusions.
8. The City, at its discretion, may increase the amounts and types of insurance coverage required hereunder at any time during the term of the contract by giving 30 days written notice.
9. The Artist shall serve the City notice, in writing by certified mail, within 2 days of any notices received from any insurance carriers providing insurance coverage under this Agreement that concern the suspension, voidance, cancellation, termination, reduction in coverage or limits, non- renewal, or material changes of coverage proposed or otherwise.
10. If the Artist fails to procure or maintain insurance as required by this section, and any Supplementary Conditions, or fails to furnish the City with proof of such insurance, the City, at its discretion, may procure any or all such insurance. Premiums for such insurance procured by the City shall be deducted and retained from any sums due the Artist under the contract.
11. Failure of the City to obtain such insurance shall in no way relieve the Artist from any of its responsibilities under the contract.
12. The making of progress payments to the Artist shall not be construed as relieving the Artist or its Sub-Artists or agents of responsibility for loss or direct physical loss, damage, or destruction occurring prior to final acceptance by the City.
13. The failure of the City to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at any time during the term of the contract.
14. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Artist are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Artist under the Contract.
14. Property of the City. It is mutually agreed that the Work, and all materials and components prepared by Artist related to creating the Work thereto under this Agreement, shall become the property of City, and Artist shall have no property ITEM 16.2. ATTACHMENT 5
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right there in whatsoever. Immediately upon termination and/or completion of this Agreement, City shall be entitled to, and Artist shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Artist in performing this Agreement which is not Artist’s privileged information, as defined by law, or Artist’s personnel information, along with all other property belonging exclusively to City which is in Artist’s possession. Publication of any information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City. Additionally, it is agreed that the Parties intend this to be an agreement for services and each considers the products and results of the services to be rendered by Artist hereunder to be work made for hire. Except as set forth herein, Artist acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by the City.
15. Waiver of VARA and CAPA Rights. To the fullest extent permitted by law, and as concerns rights acquired by the City or any party to whom the City transfers title to the Work, Artist waives any and all rights Artist may have with respect to the Work under the federal Visual Artists Rights Act of 1990 (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art.
16. Location of Work. The final location of the Work shall be determined by the City’s architect or engineer following consultation with Artist.
17. Artist Change of Address. Artist shall notify City of Rancho Cordova in writing of any change of address. Failure to do so shall constitute a waiver of Artist’s rights under this Agreement during the time of the omission. Any waiver of a right pursuant to this Agreement for failure to maintain Artist's current address may be cured prospectively only by notifying City of Rancho Cordova of Artist’s current address. All rights of Artist pursuant to this Agreement shall be personal to Artist and shall terminate upon either the legal disability or incompetence of Artist or upon the death of Artist, except as provided Artist under copyright laws.
18. Excuse from Performance.
A. In the event Artist’s performance of any of his obligations or undertakings under this Agreement is delayed, interrupted, or prevented by an act of God, unforeseen conditions, unusually severe weather, or occurrences that are beyond the reasonable control of either party to this Agreement, Artist shall be excused from any further performance for whatever period of time after the occurrence necessary to remedy the effects of that occurrence. Artist shall notify City in writing within ten (10) days after any occurrence described in this section that may delay Artist performance. City shall amend the Schedule when, in its determination, Artist’s performance has ITEM 16.2. ATTACHMENT 5
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been excused, and the delay or interruption has resulted in a material change in the time for performance.
B. In the event that the installation site has not been adequately prepared for receipt of the Work as scheduled, or delivery or installation is delayed due to a material failure on the part of the City or its subcontractors, then the City shall promptly act to address the problem(s) identified by Artist. In such events, timelines for performance by Artist shall be extended as needed, provided, that none of the delays are caused in whole or in part by Artist.
Site preparation by City shall not include site measurements, which shall be the sole responsibility of Artist.
19. Public Lecture. If requested by the City, Artist will give one public art lecture (depending on timing either in person or electronically by webcast) regarding the Work after the installation of the Work is completed. Arrangements are to be approved in advance by the City of Rancho Cordova.
20. Model. As part of this Agreement, Artist will provide the City of Rancho Cordova one (1) Model and/or drawing of the proposed artwork.
21. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.
22. Entire Agreement. This document, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Artist, and by City, in accordance with applicable provisions of the Rancho Cordova City Code.
23. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
24. No Waiver. Neither City acceptance of, or payment for, any work performed by Artist, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
25. Choice of Law; Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
26. Assignment Prohibited. The expertise and experience of Artist are material ITEM 16.2. ATTACHMENT 5
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considerations for this Agreement. Artist shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
27. Binding Effect. This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above.
28. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the City and Artist and their successors and assigns.
No other person, agency or entity shall have any right of action based upon any provision of this Agreement.
29. Term; Suspension; Termination.
A. This Agreement shall become effective on the date that it is signed by both parties, set forth on the first page of the Agreement, and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.
B. City shall have the right at any time to temporarily suspend Artist’s performance hereunder, in whole or in part, by giving a written notice of suspension to Artist. If City gives such notice of suspension, Artist shall immediately suspend its activities under this Agreement, as specified in such notice.
C. City shall have the right to terminate this Agreement at any time by giving 30 days written notice of termination to Artist. If City gives such notice of termination, Artist shall immediately cease rendering services pursuant to this Agreement. If City terminates this Agreement:
1. Artist shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this Agreement.
2. City shall pay Artist the reasonable value of services rendered by Artist prior to termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Artist had the Agreement not been terminated. In this regard, Artist shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Artist. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.
ITEM 16.2. ATTACHMENT 5
13 2026-9
IN WITNESS WHEREOF, the Parties 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 ARTIST
______________________________ ______________________________ Micah Runner, City Manager Adrien Segal, Artist
Date: ____________________ Date: ____________________
Attest:
______________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
______________________________
Adam U. Lindgren, City Attorney
Date: ____________________
Attachments
Exhibit I – Schedule for Completion of Work
Exhibit II - Specifications for Work
Exhibit III - Maintenance Report
ITEM 16.2. ATTACHMENT 5
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EXHIBIT I: SCHEDULE FOR COMPLETION OF WORK
The following schedule shall be adhered to in the design, fabrication and installation of the Work.
Artist understands that it is the City’s desire to have the Work installed at the ZBPO.
Artist will make every effort reasonably feasible to meet this deadline specified in the schedule below. Artist and City understand that time is of the essence and both parties agree to be as responsive and diligent as reasonably feasible towards reaching this installation date. City agrees to process invoices for early completion of milestones to the extent reasonably feasible, in-order-to meet the desired deadline.
Start Date: Upon receipt of a Notice to Proceed from the City.
Phase 1: to be completed within 2 months after the completion of the contracting process and City’s issuing Notice to Proceed and approval of Phase 1: Final Conceptual Design Proposal.
Description: Delivery of the following:
• engineering drawings
• estimates from suppliers and fabricators documenting project expenses • receipt of required permits
• the Final Design Proposal (“Final Design”) for the Artwork in conformance with the Final Concept. The Final Design shall include:
a. Details and location of the Work including an indication of form, scale and proposed materials.
b. A detailed written description of the fabrication and installation methods (“Installation Specification”).
c. A detailed fabrication and installation schedule (“Installation Schedule”), describing Artist’s specific timelines for completing the Work. d. A project budget
e. Artist, at City’s option, shall be available to present the Final Proposal, at one or more project meetings, to City staff, The Committee for the Arts, the Project Architect, or other individuals and organizations, as needed. Artist agrees to collaborate closely with City through in-person meetings and other necessary means of communication to thoroughly integrate the Final Design into ZBPO site.
f. The City may approve, with minor changes, or disapprove the Final Design.
In the event that the City disapproves the Final Design, or approves it with minor changes, the Artist, upon written notification by the City, shall respond to the changes in writing and submit up to two design modifications to the Final Design. Artist recognizes and agrees that the City will review the Final Design as revised and may make additional requests for changes regarding ITEM 16.2. ATTACHMENT 5
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the revised Final Design.
Phase 2: to be completed within 11 months after City approval of Phase 1.
Description: Fabrication of Artwork
Milestone 2a: 50 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff.
Milestone 2b: 100 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff before transportation to site.
a. Artist shall fabricate the Artwork in accordance with all Final Design drawings and Construction Drawings approved by the City. To the extent that any specification for the Artwork is not identified in the Final Design or in the Construction Drawings, Artist shall seek the City’s prior approval of these specifications before commencing with fabrication of the Artwork. b. Artist shall notify the City when the Artwork is at 50 percent and 100 percent completion. City must review and approve Artwork at each phase before Artist proceeds with the succeeding phase.
Phase 3: to be completed within 1 month after City approval of completion of Phase 2b.
Description: Complete installation. Artist will install artwork at the location as described in the Final Design and in accordance with the installation methods approved by the City.
Phase 4: to be completed within 1 month after Phase 3 is completed.
Description: Upon completion and installation of the Work, and acceptance of the Work by City, Artist shall satisfactory complete the Maintenance Report attached hereto as Exhibit III and submit 20 high resolution digital images of the fabrication and installation of the Artwork, and the completed Artwork to City. Artist will submit proof of all Final and Special Inspection documents. If requested by the City, Artist will deliver one Public Lecture within one year of project completion on a date to be mutually determined by the Artist and City of Rancho Cordova staff. Unless lecture is delivered immediately after installation of Artwork while Artist is in Rancho Cordova, lecture will be delivered electronically by webcast over the internet on a mutually determined electronic platform, date and time.
In no event shall Artist begin work on any Milestone or Phase without first receiving a written Notice to Proceed from City.
ITEM 16.2. ATTACHMENT 5
16 EXHIBIT II: SPECIFICATIONS OF WORK ARTWORK
CONCEPT WRITTEN DESCRIPTION
Title: LICHEN CROSSING: A place to encounter monumental symbiotic organisms from Rancho Cordova.
Symbiosis is one of the most widespread and successful lifestyle strategies for biological organisms. The term “symbiosis” was first coined to describe lichens: long thought to be a single organism, lichens were revealed instead to be the result of a stable symbiotic association of fungi, algae, and bacteria that result in large, anatomically complex organisms adapted to many of the world’s most challenging environments. The graphic imagery for Lichen Crossing was compiled from citizen science observations of fungi and lichen spotted locally in Rancho Cordova through iNaturalist, an open-source database of user contributed photos of biodiversity. It is a nonprofit network of naturalists, citizen scientists, and biologists built on the concept of mapping and sharing observations of biodiversity across the globe, serving as an important resource of open data for biodiversity research, conservation, and education. The artwork reflects the natural curiosity of the people of Rancho Cordova, enlarging their observations to a monumental scale and highlighting the collective community of organisms living together here. Through its encounter, Lichen Crossing serves as a local landmark that will hopefully inspire wonder and symbiotic life for future generations.
The low-relief artwork, crafted from clay tiles, will measure about 100 feet in length, range in height from 3 to 9 feet, and 3” deep or less. The artwork will feature representations of over twelve types of lichen.
ITEM 16.2. ATTACHMENT 5
17 CONCEPT DESIGN
ITEM 16.2. ATTACHMENT 5
18 ESTIMATED SCHEDULE
Approval/contracting: February – May 2026
Final design/permitting: July 2026
Fabrication: August 2026 – April 2027
Pack Ship: April 2027
Installation: May 2027
ITEM 16.2. ATTACHMENT 5
19 ESTIMATED BUDGET
Description Amount
Artist Fee 50,000.00
Engineering and design 17,000.00
Insurance 2,000.00
Documentation 2,000.00
Project Management and administration 20,000.00
Materials 34,000.00
Fabrication 80,000.00
Transportation 4,000.00
Installation 16,000.00
Contingency 25,000.00
Total 250,000.00
ITEM 16.2. ATTACHMENT 5
20 EXHIBIT III: MAINTENANCE REPORT
Artist:
Address:
Home Phone: Work Phone:
Studio Phone:
1. Title of the Artwork:
2. Medium or material:
3. Edition information, if applicable:
4. Date and place executed:
5. Collaborating artist(s), if applicable.
6. Maker(s) other than Artist (fabricators, technicians), if applicable. Include names, addresses, phone numbers and element worked on.
7. Location of signature and copyright mark, if it occurs.
8. Exhibitions pertaining only to the above-named work, if any.
9. Published reviews or articles concerning the above-named work.
ITEM 16.2. ATTACHMENT 5
21 10. Dimensions (please measure in both inches and centimeters; record height first, then width, then depth if needed or diameter; if a work is irregular or circular in shape, state as such in parenthesis; if work involves multiple pieces, measure the significant parts as well as the whole; measure the work separately from the frame or pedestal; include the dimensions of the frame or pedestal.)
11. Materials used in the execution of the Artwork (be technical and specific).
12. Technique or construction methods used in the execution of the Artwork (attach fabrication drawings, if necessary).
13. Material finish on the Artwork (glaze, paint color and type, sanding, grit, tool pattern, patina, surface sealer, etc.
14. Foundation/installation structure (include armature bolt/pin size, grout, etc.).
15. Handling instructions.
16. Artist’s statement about the Artwork (concept, message, relationship to site, etc.).
ITEM 16.2. ATTACHMENT 5
22 17. Describe recommended general routine maintenance and care for the Artwork (cleaning agent(s), procedure(s) timetable, etc.).
18. Special handling and/or storage instructions.
19. Special cautions or concerns regarding the Artwork.
20. Packing, shipping or storage instructions (should the need arise). 6262214.2
ITEM 16.2. ATTACHMENT 5
ITEM 16.2. ATTACHMENT 6
Resolution No. XX-2026 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2026-10 IN AN AMOUNT NOT TO EXCEED $200,000 WITH MATTHEW MAZZOTTA FOR SITE #3 ARTWORK PIECE PASSING THROUGH FOR THE ZINFANDEL DRIVE BICYCLE
AND PEDESTRIAN OVERCROSSING PROJECT
WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2026-10 with Matthew Mazzotta in an amount not to exceed $200,000 for final engineering, fabrication and installation of the Site #3 artwork titled Passing Through for the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project (“Project”); and
WHEREAS, on August 5, 2024 the City Council adopted an Art Plan for the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project that includes a comprehensive signage program and four pieces of prominent public art; and
WHEREAS, the artwork and signage for the Project has been budgeted at $1,400,000 in the city’s current approved Capital Improvement Plan and in the 2025/2026 budget; and WHEREAS, in accordance with the City Council adopted Art Plan, a thorough solicitation process was followed that included a request for qualifications and an art review panel evaluating artist qualifications and proposals for each site; and WHEREAS, art panel has recommended Matthew Mazzotta’s Passing Through piece for Site #3 of the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project located in the loop ramp of west bound U.S. Highway 50 on-ramp.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2026-10 in an amount not to exceed $200,000 with Matthew Mazzotta and in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of February 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Garrett Gatewood, Mayor
ITEM 16.2. ATTACHMENT 6
Resolution No. XX-2026 Page 2 of 2
ATTEST:
Stacy Leitner, CMC
City Clerk
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CONTRACT TO PURCHASE ARTWORK
This Agreement is made at Rancho Cordova, California, as of February 2, 2026 (“Effective Date”), by and between the City of Rancho Cordova, a municipal corporation (“City”), and
Matthew Mazzota
41 E Main Street
Canton, NY 13617
315-521-1399
[email protected]
(“Artist”). The City and Artist may be referred to collectively as “Parties” or in the singular as “Party,” as the context requires.
RECITALS
A. The City Council of Rancho Cordova approved an Art Plan on August 5, 2024 which allocated funding for artworks in the Zinfandel Bicycle and Pedestrian Overcrossing (ZBPO). Artworks to be commissioned or purchased by the City are selected through a review process in coordination with the City’s Public Works Department. Once the City’s Public Works Department has a recommendation for artwork related to an eligible project the City Council will consider the recommendation. The City Council has final say on the selection and placement of artwork within the City as well as the appropriation and use of funds from this program.
B. Funds have been allocated for the selection, purchase and placement of artwork to be installed at the City of Rancho Cordova ZBPO. The artist is selected through a competitive process and the artwork concept is to be approved by the City Council.
C. The Proposed Art Work is located in the California Department of Transportation (Caltrans) Right of Way and it is the intent of the City at a later date to transfer the Art Work title to Caltrans. A condition of that transfer will require the Artist to sign the Caltrans Copyright License and Waiver or Moral Rights prior to the issuance of any required encroachment permit.
NOW THEREFORE, the Parties mutually agree as follows:
1. Scope of Work. Subject to the terms and conditions set forth in this Agreement, Artist shall:
A. In accordance with the schedule set forth in Exhibit I, purchase on Artist's account all labor, supplies, materials and equipment required to design and furnish to the City an artwork (the "Artwork" or “Work”) at ZBPO and fabricate, deliver and install the Work at ZBPO to the satisfaction of City and in substantial conformance with Artist's Design Proposal (“Proposal”).
B. The Artwork shall be placed and located per the specifications set forth in Exhibit II.
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C. Artist shall not commence performance of any of the services identified in section 1.A until receiving a written “Notice to Proceed” from the City for each Phase and Milestone of this project.
D. City shall provide Artist at no expense to Artist, all reasonably necessary information including, but not limited to, copies of existing designs, site plans, drawings, reports, list of required permits, and other existing relevant data, if any, needed by Artist in order to perform Artist’s obligations within fifteen (15) days of Artist’s written request itemizing the requested information.
E. City shall provide Artist with any other reasonably necessary information concerning all applicable laws and regulations, including zoning or environmental regulations, within fifteen (15) days of Artist’s written request itemizing the requested information. Notwithstanding the foregoing, Artist shall be responsible for complying with all laws, including, without limitation, zoning and environmental laws and regulations.
2. Payment.
A. Artist shall be paid an amount not to exceed of two-hundred thousand dollars ($200,000), for production of the Artwork, as set forth herein.
B. Payments to Artist shall be made within 30 days after receipt of Artist’s invoices following completion of the tasks set forth below. Artist shall be responsible for supplying all documentation necessary to verify the billings to the satisfaction of City. Artist agrees that City has no obligations regarding commissions or any agreements with galleries or agents with whom Artist may have contracted. City is not responsible for paying sales tax.
C. Payments to Artist shall be made upon completion of the following tasks as described in Exhibit I:
(1) Twenty-five thousand dollars ($25,000) upon submission of evidence of insurance acceptable to the City, execution of this Agreement, and dispatch of purchase order by the City.
(2) Sixty-Five thousand dollars ($65,000) upon completion of Phase 1:
Final design proposal.
(3) Fifty thousand dollars ($50,000) upon completion of Phase 2.a milestone: 50 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff.
(4) Twenty-five thousand dollars ($25,000) upon completion of Phase 2.b milestone. 100 percent completion of Artwork
fabrication and approval by City of Rancho Cordova staff before transportation to site.
(5) Ten thousand dollars ($10,000) upon completion of Phase 3.
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Complete installation of Artwork at agreed upon location. (6) Five-thousand dollars ($5,000) upon completion of Phase 4.
Acceptance of Work by City; City acceptance of Maintenance Report (Exhibit III); submission of 20 high resolution digital images of fabrication and installation of artwork and completed artwork to City; submission of proof of all Final and special Inspection documents.
D. No payment shall be made if Artist is in default of this Agreement or if any milestone or Phase is not completed to the satisfaction of City. City shall have sole discretion to determine whether a milestone or Phase has been completed to its satisfaction.
3. Time of Performance; Documentation of Work. Time is of the essence in this Agreement. Artist shall dedicate such time and effort as is necessary to fulfill Artist’s obligations to completely finish and install the Work to the satisfaction of City within the timelines set forth in the Schedule, except as the Work may be delayed by circumstances described in section 19, below. City shall make its staff and contractors reasonably available to Artist for consultation and assistance in order to achieve the purposes of this Agreement. Artist shall provide to the City twenty (20) high resolution (300 dpi minimum) professional quality digital images documenting the processes of Work fabrication and installation, and the completed Work. Artist shall also provide City with a complete schedule for maintenance of the Work in the form reflected in Exhibit III hereto.
4. Artist Warranties.
A. Restoration of Work Site. Artist agrees and warrants that, within 30 days after the Work is accepted by the City, Artist shall restore the Work site (including the entire area affected by the fabrication and installation of the Work) to a state and condition that is substantially similar to that which existed when the Work was begun. Artist further agrees and warrants that, within the period specified herein, Artist shall repair or replace, as is determined necessary by City, and to the reasonable satisfaction of City, all property (real, personal or otherwise), which has been damaged, injured or otherwise adversely affected by the acts or omissions of Artist, Artist’s agents, contractors, or employees. Artist shall be solely responsible for all expenses and costs which may be necessary to comply with the requirements of this paragraph, and City shall have no responsibility or liability. Artist shall not be responsible for repair or damage to the Work site not caused by Artist or Artist’s Work.
B. Originality of Work. Artist warrants that the Work is original and is solely the product of Artist’s own creative efforts and does not infringe the rights, including copyrights, of any person or entity. Artist also warrants that, unless otherwise stipulated in writing, the Work is original, that it is an edition of one (1), and that Artist shall not sold, licensed, or reproduce a substantially similar copy of the Work. However, nothing contained herein shall prevent the Artist from creating future works in their style and manner ITEM 16.2. ATTACHMENT 7
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of working.
C. Work Free from Defects. Artist shall warrant and maintain the Work free from all faults or defects related to material or workmanship for a period of one year after the Work is accepted by City.
D. Copyright: Artist owns the copyright. Artist expressly reserves every right available to Artist at common law or under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Work. Artist authorizes the City and its assigns to make photographs, drawings, and other two-dimensional reproductions of the Work without prior consent of Artist if used solely for non-commercial purposes, advertising, descriptive brochures, and similar purposes.
E. Compliance with all Laws. Artist agrees to fabricate and install the Work in conformance with all applicable laws. Specifically, and without limitation, Artist is fully aware of the provisions of Labor Code section 1720 et seq. regarding payment of prevailing wages in connection with public works, and Artist shall comply with such laws, as applicable. Artist’s execution of this Agreement is an acknowledgment that it has had the opportunity to obtain independent legal advice and counsel in this regard prior to executing this Agreement. Neither the City nor any of its employees, agents, or representatives have rendered opinions to Artist respecting the applicability of Labor Code section 1720 et seq. to the Work or installation thereof, and Artist has not relied on any such representation in entering into this Agreement. In the event any claim of any kind or nature based on Labor Code section 1720 et seq. (including section 1781) is brought or made against the City in connection with this Agreement, the Work, or its installation, Artist shall defend, indemnify, and hold harmless the City with respect to such claim in accordance with paragraph 12, below.
5. Transfer of Title to Work. Title to the Work shall remain with Artist until City has accepted the Work as completed and it is installed to the satisfaction of City. When City has so certified, title shall transfer to City. Artist shall bear all risk of loss of the Work until title has been transferred to City, and City agrees to inspect Work and accept Work within fifteen (15) business days of Artist’s notification of completion, unless the provisions of 7(A)(1) or 7(A)(2) apply.
6. Performance Made Impossible. In the event it shall become impossible for Artist to complete the Work because of illness or injury, this Agreement may be terminated at the sole discretion of City, and, in such event, all completed work, materials, and supplies related to the Work shall be delivered to City and shall, along with the Proposal, become City’s sole property. City shall thereafter have no obligation to make any additional or further payments to Artist, and Artist shall have no further or additional claims against City with respect to the Work or such portion thereof as may be completed, or the Proposal, or with respect to any matter whatsoever pertaining to, affected by or embodied in this Agreement. In the event of such termination, City may take such action as may appear to it appropriate under the circumstances, including, without limitation of the generality of the ITEM 16.2. ATTACHMENT 7
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foregoing, commissioning another artist to complete the Work. In the event that City completes the Work or arranges to have it completed, Artist’s name shall be publicly displayed at, on or near the Work, unless Artist and City mutually agree otherwise.
7. Acceptance of Work.
A. City agrees to accept the completed Work unless the Work was not completed in substantial conformance with the Proposal or the Specifications, all as determined by the City, and to the City’s satisfaction.
B. Upon notifying Artist with the City’s written notice of refusal to accept the Work for the reasons stated in paragraph 7(A) City shall have the right to:
1) request that Artist correct the deficiencies in the Work within a reasonable time, or 2) terminate this Agreement and recover all sums previously paid to Artist. Both remedies shall be independent and cumulative and in addition to any other remedy available to the City at law or equity.
Enforcement of one such remedy shall not be exclusive, nor shall it be deemed an election of such remedy to the exclusion of any other or further remedy. However, nothing contained herein shall limit City’s available remedies at law and equity.
C. No payments to Artist shall be deemed as a waiver of City’s right to refuse to accept the Work.
8. City Maintenance of Work. City agrees to reasonably ensure that the Work is properly maintained and protected after City’s acceptance of the Work. City agrees that it will not intentionally destroy damage, alter, modify or change the Work in any way. If an alteration should occur, either intentionally or unintentionally, the Work will no longer be represented as the work of the Artist without his or her written permission. City will maintain the artwork in accordance with the Maintenance requirements. This does not preclude the City’s right to move or remove the Work from display or deaccession the Work. In the event it becomes necessary to change the placement of the Work, City shall confer with Artist concerning placement, though the ultimate placement of the Work is solely within the City’s discretion.
9. Repair of Work. In the event repair of the Work is required, City may give Artist the opportunity to perform the repairs for a reasonable fee to be determined. In the event Artist refuses to make the repairs whether due to lack of agreement on the fee, or otherwise, City may arrange for repairs by another qualified person. When emergency repairs are necessary in order to prevent the loss of or further damage to the Work, such repairs shall be undertaken or arranged by City without advance notice to Artist, and such repairs shall not constitute an artistic alteration. City shall thereafter notify Artist as soon as is practicable.
10. Work Authorship. City shall ensure that Artist’s name is publicly displayed on, at, or near the Work. In the event the Work is substantially damaged or altered, City shall no longer represent the Work to be the Work of Artist if Artist gives written ITEM 16.2. ATTACHMENT 7
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notice to City that Artist denies authorship of the Work on the grounds stated in this paragraph.
11. Artist Payment of Contractors and Employees. In the event Artist hires or contracts with employees, subcontractors, or material suppliers, Artist shall pay these employees, subcontractors, or material suppliers any amounts due out of the payments made to Artist by City for completion of the phase of work for which the employees, subcontractors, or material suppliers provided labor or materials and provide proof of payment to the City prior to completion of the next phase of work. In the case of nonpayment of wages or other amounts due the employees, subcontractors, or material suppliers herein, City may withhold from Artist out of payments due a sum sufficient to pay such persons the amounts owed by Artist absent evidence satisfactory to the City of a legal basis for such nonpayment. All subcontractors shall be properly licensed pursuant to the Contractors State License Law (Business and Professions Code sections 7000 et seq.). Before performing any work, each subcontractor shall provide to the City and Artist evidence that the subcontractor has workers’ compensation insurance coverage.
12. Indemnity. Artist shall defend, hold harmless, and indemnify City, its officers and employees, and each and every one of them, from and against any and all claims, actions, damages, costs, liabilities, demands, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Claims”), including but not limited to Claims arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, that arise out of, pertain to or relate solely to any negligent act or omission, recklessness or willful misconduct of Artist, its subcontractors or agents, and their respective officers and employees, in connection with performance of or failure to perform this Agreement, whether or not such Claims are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from the sole negligence or willful misconduct of City, its subcontractors or agents, and their respective officers and employees as determined by a court of competent jurisdiction. Unless and until such determination is made, or as otherwise agreed, artist shall defend, indemnify, and hold harmless the City, its officers, and employees. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 12, nor shall the limits of such insurance limit the liability of Artist hereunder. The provisions of this Section 12 shall survive any expiration or termination of this Agreement.
13. Insurance. During the entire term of this Agreement, Artist shall maintain the insurance coverage described in this Section 13. Full compensation for all premiums that Artist is required to pay for the insurance coverage described herein shall be included in the compensation paid to Artist under this Agreement. No additional compensation will be provided for Artist’s insurance premiums. Any ITEM 16.2. ATTACHMENT 7
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available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
It is understood and agreed by the Artist that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Artist in connection with this Agreement.
A. Minimum Scope & Limits of Insurance Coverage
1. General Liability:
a. Comprehensive general liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability.
b. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence). c. Claims-made coverage is not acceptable.
d. The limits of liability shall not be less than:
Each occurrence: One Million Dollars ($1,000,000)
Products & Completed Operations: One Million Dollars
($1,000,000)
Personal & Advertising Injury: One Million Dollars ($1,000,000) e. If a product and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate shall be twice each occurrence limit, or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to this contract.
2. Automobile Liability:
a. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of hired, and non-owned automobiles. b. Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbols 8, and 9 (hired, and non-owned).
c. The limits of liability per accident shall not be less than:
Combined Single Limit: One Million Dollars ($1,000,000) d. If general liability coverage, as required above, is provided by the Commercial General Liability form, the automobile liability policy shall include an endorsement providing automobile contractual liability.
3. Worker's Compensation
a. Worker's Compensation Insurance, with coverage as required by the ITEM 16.2. ATTACHMENT 7
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State of California (unless the Artist is a qualified self-insurer with the State of California), and Employers Liability coverage. The Artist shall execute a certificate in compliance with Labor Code Section 1861. b. Employer’s Liability Coverage shall not be less than the statutory requirements.
c. If an injury occurs to any employee of the Artist for which the employee or his dependents, in the event of his death, may be entitled to compensation from the City under the provisions of the Acts, for which compensation is claimed from the City, there will be retained out of the sums due the Artist under this Contract, an amount sufficient to cover such compensation as fixed by the Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due to the Artist. d. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and employees for losses arising from work performed by the Artist.
4. Other Insurance Provisions: The general liability coverage shall contain the following provisions and endorsements:
a. The City, its officials, employees, agents and volunteers shall be covered and specifically named as additional insured as respects liability arising out of activities performed by or on behalf of the Artist, products and completed operations of the Artist, premises owned, occupied, or used by the Artist, or automobiles owned, leased, hired, or borrowed by the Artist on a separate endorsement acceptable to the Risk Manager. b. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and employees for losses arising from work performed by the Artist.
c. The policy shall contain no special limitations on the scope of coverage afforded to the City, its officials, employees, agents or volunteers. d. Provision or endorsement stating that for any claims related to this contract, the Artist’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers to the extent the City is an additional insured. Any insurance or self- insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Artist’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss or judgment. e. Any failure to comply with reporting or other provisions of the policies on the part of the Artist, including breaches of warranties, shall not affect Artist’s requirement to provide coverage to the City, its officers, officials, employees, agents or volunteers.
5. Acceptability of Insurers: Insurance is to be placed with insurers with a Bests' rating of no less than A:VII.
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6. Any deductibles, aggregate limits, pending claims or lawsuits that may diminish the aggregate limits, or self-insured retention(s), must be declared to, and approved by, the City.
7. The Artist shall furnish the City with certificates of insurance and original endorsements or insurance binders, signed by a person authorized by the insurer to bind coverage on its behalf, evidencing the coverage required by this Contract. At any time at the written request of the City, Artist agrees to furnish a duplicate original or certified copy of each required policy including the declaration pages, conditions, provisions, endorsements, and exclusions.
8. The City, at its discretion, may increase the amounts and types of insurance coverage required hereunder at any time during the term of the contract by giving 30 days written notice.
9. The Artist shall serve the City notice, in writing by certified mail, within 2 days of any notices received from any insurance carriers providing insurance coverage under this Agreement that concern the suspension, voidance, cancellation, termination, reduction in coverage or limits, non- renewal, or material changes of coverage proposed or otherwise.
10. If the Artist fails to procure or maintain insurance as required by this section, and any Supplementary Conditions, or fails to furnish the City with proof of such insurance, the City, at its discretion, may procure any or all such insurance. Premiums for such insurance procured by the City shall be deducted and retained from any sums due the Artist under the contract.
11. Failure of the City to obtain such insurance shall in no way relieve the Artist from any of its responsibilities under the contract.
12. The making of progress payments to the Artist shall not be construed as relieving the Artist or its Sub-Artists or agents of responsibility for loss or direct physical loss, damage, or destruction occurring prior to final acceptance by the City.
13. The failure of the City to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at any time during the term of the contract.
14. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Artist are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Artist under the Contract.
14. Property of the City. It is mutually agreed that the Work, and all materials and components prepared by Artist related to creating the Work thereto under this Agreement, shall become the property of City, and Artist shall have no property right there in whatsoever. Immediately upon termination and/or completion of this ITEM 16.2. ATTACHMENT 7
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Agreement, City shall be entitled to, and Artist shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Artist in performing this Agreement which is not Artist’s privileged information, as defined by law, or Artist’s personnel information, along with all other property belonging exclusively to City which is in Artist’s possession. Publication of any information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City. Additionally, it is agreed that the Parties intend this to be an agreement for services and each considers the products and results of the services to be rendered by Artist hereunder to be work made for hire. Except as set forth herein, Artist acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by the City.
15. Waiver of VARA and CAPA Rights. To the fullest extent permitted by law, and as concerns rights acquired by the City or any party to whom the City transfers the title of the Work, Artist waives any and all rights Artist may have with respect to the Work under the federal Visual Artists Rights Act of 1990 (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art.
16. Location of Work. The final location of the Work shall be determined by the City’s architect or engineer following consultation with Artist.
17. Artist Change of Address. Artist shall notify City of Rancho Cordova in writing of any change of address. Failure to do so shall constitute a waiver of Artist’s rights under this Agreement during the time of the omission. Any waiver of a right pursuant to this Agreement for failure to maintain Artist's current address may be cured prospectively only by notifying City of Rancho Cordova of Artist’s current address. All rights of Artist pursuant to this Agreement shall be personal to Artist and shall terminate upon either the legal disability or incompetence of Artist or upon the death of Artist, except as provided Artist under copyright laws.
18. Excuse from Performance.
A. In the event Artist’s performance of any of his obligations or undertakings under this Agreement is delayed, interrupted, or prevented by an act of God, unforeseen conditions, unusually severe weather, or occurrences that are beyond the reasonable control of either party to this Agreement, Artist shall be excused from any further performance for whatever period of time after the occurrence necessary to remedy the effects of that occurrence. Artist shall notify City in writing within ten (10) days after any occurrence described in this section that may delay Artist performance. City shall amend the Schedule when, in its determination, Artist’s performance has been excused, and the delay or interruption has resulted in a material ITEM 16.2. ATTACHMENT 7