Redding City Council
August 20, 2024

Agenda
Regular Meeting
Redding City Council
Council Chambers
777 Cypress Avenue
Redding, CA
August 20, 2024
6:00 PM

1. CALL TO ORDER - MAYOR TENESSA AUDETTE
A. Pledge of Allegiance
B. Invocation - Rev. MaryGrace, Unity Church Redding
C. Roll Call

3. PUBLIC COMMENT - for non-agendized matters within the city’s jurisdiction.

PURSUANT TO THE BROWN ACT, CITY COUNCIL CANNOT TAKE ACTION ON PUBLIC

COMMENT ITEMS
The City Council will allocate up to a maximum of three minutes per speaker for 30 minutes total, at the beginning of the meeting for Public Comment for non-agendized matters within the City’s jurisdiction.

The Mayor will determine the order of the speakers. If 30 minutes is not adequate to accommodate all of the individuals who have submitted a Speaker Request Form to the City Clerk, the Council will trail this item to the end of the open session agenda. The remaining speakers will address the City Council at that time.

If anyone wishes to address the City Council on any item considered at this meeting before or during Council’s consideration of that item, please fill out a blue Speaker Request Form, located in the lighted alcoves at the back of the Council Chambers, and submit it to the City Clerk. The City Council will allocate up to a maximum of three minutes per speaker for each agenda item. Staff reports are available on-line at the City’s web site at www.cityofredding.gov and in the Public View binder located on the podium at the north side of the Chambers.

PLEASE SILENCE YOUR CELL PHONES. THANK YOU.

Redding City Council August 20, 2024

4. CONSENT CALENDAR
The Consent Calendar contains items considered routine and/or which have been individually scrutinized by City Council Members and are anticipated to require no further deliberation. If a member of the public wishes to address an item on the Consent Calendar, please fill out a Speaker Request Form and submit it to the City Clerk before the Consent Calendar is considered. It shall be the prerogative of any Council Member, before the Consent Calendar is acted upon, to: (1) comment on an item; (2) respond to any public comment on an item; (3) request the record reflect an abstention or nay vote on an item; or (4) remove an item and place it on the Regular portion of the agenda for delivery of a staff report and/or an extended discussion or deliberation. 4(b). Accept City of Redding Accounts Payable Register No. 1; and Payroll Register Nos. 1 and 2.

4.2(a). Authorize the City Manager to approve an extension to the timeline to develop an Operations Agreement for the Good News Rescue Mission’s Day Resource Center.

4.11(a). Authorize the Mayor to execute a Subdivision Agreement with Sierra Pacific Land and Timber Company; and approve the final map for Shastina Ranch Subdivision, Unit 8 (S-7-03/PD-5-04), thereby, instructing the City Clerk to file the map with the Shasta County Recorder.

4.11(b). Accept update regarding the Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project and, in accordance with Public Contract Code Section 22050(c)(1), make a determination by a four-fifths vote that there is a need to continue the emergency work.

4.11(c). Adopt Resolution summarily vacating a portion of Center Street and a portion of Shasta Street within the Map of the Original Town of Redding filed at Page 65 in the book of Old Plats, Shasta County Records and depicted in the attached Exhibits A and B; and find this action consistent with the General Plan and exempt from environmental review under the California Environmental Quality Act pursuant to Section 15035 (Minor Alterations in Land Use Limitations).

4.11(d). Approve a Lease Agreement 5213 between the City of Redding and the California State Lands Commission for the South Bonnyview Bridge crossing over the Sacramento River at Assessor’s Parcel Numbers 070-320-006 and 048- 400-004 for a period of 20 years ending on June 7, 2044, for authorized improvements to include the two existing vehicle bridges with bicycle and pedestrian lanes, one 22-inch sanitary sewer pipe, one 20-inch water pipe and two electric transmission lines; and find the action categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 - Existing Facilities.

4.11(e). Authorize the Mayor to execute a Subdivision Agreement with Sierra Pacific Land and Timber Company; and approve the final map for Silverstone Subdivision, Unit 3 (AMND-2020-01135/S-2019-00280), thereby, instructing the City Clerk to file the map with the Shasta County Recorder.

Redding City Council August 20, 2024

4.11(f). Authorize the City Manager to submit a Shasta Regional Transportation Agency Carbon Reduction Program grant application in an amount not to exceed $995,265.

4.11(g). Approve increases to the project budget in the amount of $825,000 for the completion of Bid Schedule No. 5293, Clear Creek Wastewater Treatment Plant Pyrolysis Phase I Project and to include the installation of Phase II Pyrolysis equipment as outlined below:
(1) Increase of $125,000 to Water Works Engineers and City of Redding construction management budget, bringing the construction management total to $920,000;
(2) Increase of $700,000 to the construction contingency budget, bringing the construction contingency total to $1,095,000; and
(3) Authorize Public Works staff to negotiate and the City Manager to execute an Amendment to the Consulting and Professional Services Agreement with Water Works Engineers to increase the fee for construction management and inspection services in an amount not to exceed $75,000 (as included in item (1) of the overall $125,000 construction management budget).

RECOMMENDATION: ACCEPT, ACKNOWLEDGE, ADOPT, APPROVE,
AND/OR AUTHORIZE ALL ITEMS ON THE CONSENT CALENDAR.

9. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,

BOARDS, COMMISSIONS AND COMMITTEES
City Manager/Police Dept/City Attorney

9.1(a). Consider providing direction regarding the City of Redding's approach to publiccamping.

Recommendation:

Accept report and provide direction regarding potential updates to the Redding Municipal Code and Redding Police Department Policies concerning camping on City of Redding property.

City Manager

9.1(b). Consider report regarding a City of Redding fiber optic broadband network.

Recommendation:

Accept the report regarding a City of Redding fiber optic broadband network and provide direction on next steps.

Redding City Council August 20, 2024

Electric Utility

9.5(a). Oral report regarding Northern California Power Agency's 2024 Legislative Staff Tour.

Recommendation:

Accept an oral report recapping the City of Redding’s participation in the Northern California Power Agency’s 2024 Legislative Staff Tour.

Community Services

9.6(a). Consideration of Short-Term Operations Plan options for the City of Redding (City) Sports Park.

Recommendation:

Authorize the following actions relative to the City’s Sports Park:
(1) Accept the report regarding short-term operations;
(2) Direct staff to pursue a City-run, short-term operations plan; and (3) Authorize the City Manager to administratively approve an expenditure of up to $200,000 for Park operations and minor maintenance repair.

Public Works

9.11(i). Oral update regarding the Bella Vista Water District and new development in the City of Redding.

Recommendation:

Information only.

11. COUNCIL TRAVEL REPORT(S)
City Council Member attendance at conference/meetings reimbursed at City expense. {Requirement of Assembly Bill 1234}
[A-050-060]
Information Only

12. SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS

FOR FUTURE CITY COUNCIL MEETINGS
Redding City Council August 20, 2024

13. ADJOURNMENT
Pursuant to the Brown Act, non-confidential materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for inspection during normal business hours at the Office of the City Clerk, 3rd Floor, City Hall, 777 Cypress Avenue, Redding, California.

City Council Meetings will be televised live on Shasta Community Access Channels via Charter/Spectrum Cable channel 181, and will be rerun on Thursday at 12:30 p.m. during the week in which the meeting is held. Additionally, the meeting can be viewed online at the following: https://www.shastaartscouncil.org/scactv. Video of the City Council meetings can also be viewed on the City’s web site at http://www.cityofredding.gov/. Open the Services tab, and select City Council Videos.

In compliance with Title II of the Americans with Disabilities Act, the City of Redding will make available to persons with disabilities modifications or accommodations including auxiliary aids or services necessary to participate in public meetings. A person needing assistance should contact the Redding City Clerk by telephone at (530) 225-4447 or in person, or by mail at 777 Cypress Avenue, 3rd Floor, Redding, California 96001 at least three (3) working days in advance.

The City of Redding will ensure that no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any of its projects, activities, services, or business opportunities on the basis of race, color, national origin, age, sex, or disability, as afforded by Title VI of the Civil Rights Act of 1964 and related statutes as amended. All persons, regardless of their citizenship status, are covered under this regulation.

Questions, complaints, or requests for accommodations or additional information may be forwarded to the ADA & Title VI Coordinator at 777 Cypress Avenue, Attn: Personnel Dept., Redding, California 96001, Phone (530) 225-4065.

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Accept City of Redding Accounts Payable Register No. 1; and Payroll Register Nos. 1 and 2.

Fiscal Impact
There is no fiscal impact to accepting the registers.

Alternative Action
The City Council could choose to not accept the registers and provide alternate direction to staff.

Background/Analysis
Attached are the Accounts Payable and Payroll Registers as follows:

Accounts Payable:
(1) Register No. 1 for the period July 1, 2024 – July 31, 2024, in the amount of $54,669,820.84.

Payroll:
(1) Register No. 1 for the period June 23, 2024 – July 6, 2024, in the amount of $5,143,720.17, and Register No. 2 for the period July 7, 2024 – July 20 2024, in the amount of $5,532,440.87.

Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.

MEETING DATE: August 20, 2024
ITEM NO. 4(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4(b)--City of Redding Accounts Payable and Payroll Registers.

Greg Robinett, Director of
Finance/City Treasurer
Packet Pg. 6
Report to Redding City Council August 12, 2024
Re: 4(b)--Accounts Payable and Payroll Registers Page 2 Council Priority/City Manager Goals
• This agenda item is a routine operational item.

Attachments
Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 Packet Pg. 7
Packet Pg. 8
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 9
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 10
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 11
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 12
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 13
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 14
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 15
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 16
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 17
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 18
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 19
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 20
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 21
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 22
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 23
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 24
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 25
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 26
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 27
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 28
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 29
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 30
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 31
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Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 33
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Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 35
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 36
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 37
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 38
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 39
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 40
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 41
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 42
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 43
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 44
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 45
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 46
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 47
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 48
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 49
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 50
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 51
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 52
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 53
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 54
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 55
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 56
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 57
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 58
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 59
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 60
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 61
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Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 64
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 65
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Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 67
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 68
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 69
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 70
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 71
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 72
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 73
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 74
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 75
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 76
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 77
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 78
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 79
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 80
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 81
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 82
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 83
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 84
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 85
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 86
Attachment: Accounts Payable Register No. 1 and Payroll Register No. 1 & 2 (4(b)--Accounts Payable and Payroll Registers)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the City Manager to approve an extension to the timeline to develop an Operations Agreement for the Day Resource Center.

Fiscal Impact
The Good News Rescue Mission’s (GNRM) Day Resource Center (DRC) Project includes both capital and operational costs that are funded by the Encampment Resolution Funding (ERF)-3-L Program. There is no impact to the General Fund.

Alternative Action
The City Council (Council) could choose not to approve the DRC Operations Agreement extension, and provide alternative direction to staff.

Background/Analysis
On September 21, 2023, a ERF-3-L Program standard agreement in the amount of $8,354,955 was executed. The ERF-3-L grant’s intent is to provide outreach, supportive services and connection to shelter for those living in the Linden/Mercy Canyon and Progress/Technology Way encampments.

On November 21, 2023, Council approved the appropriation of the grant award and provided direction on grant awarded line items of including Crisis Intervention Response Team officers; case managers; street outreach; housing; day resource center; GNRM rehabilitation project; and City staff costs.

MEETING DATE: August 20, 2024
ITEM NO. 4.2(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.2(a)--Day Resource Center Operational Agreement Steve Bade, Assistant City
Manager
Packet Pg. 87
Report to Redding City Council August 13, 2024
Re: 4.2(a)--Day Resource Center Operational Agreement Page 2 On February 20, 2024, Council approved the appropriation of funding for the DRC and directed staff to negotiate an operations agreement for the DRC within 180 days of execution of the DFA (September 9, 2024).

A development funding agreement was fully executed between the City and GNRM on March 13, 2024. Since that time, Housing Division staff has met regularly with GNRM and they have conducted at least three community meetings for the DRC design and operations research. These meetings and outreach efforts have created the basis of the operational agreement. Currently, the agreement is in draft form and staff is negotiating final details. Staff anticipates this will take an additional 60 days. Once both parties’ legal counsels have completed their review, staff will return to Council with the final agreement.

Environmental Review
This is not a project as defined under California Environmental Quality Act, and no further action is required.

Council Priority/City Manager Goals
• This agenda item is a routine operational item.

Packet Pg. 88

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the Mayor to execute a Subdivision Agreement with Sierra Pacific Land and Timber Company; and approve the final map for Shastina Ranch Subdivision, Unit 8 (S-7-03/PD-5-04), thereby, instructing the City Clerk to file the map with the Shasta County Recorder.

Fiscal Impact
There will be cumulative impacts to the City of Redding’s (City) Public Works Department due to the increase in public street infrastructure requiring annual maintenance, especially the asphalt pavement. The project will generate an incremental increase in State of California gas-tax funds based on population and point-of-origin sales; however, the increase in these revenues falls short of the anticipated annualized maintenance cost.

In addition, there will be an incremental increase in the City utility costs due to the additional infrastructure. Generally, except for the Storm-Drain Utility, sufficient revenue is generated by monthly use charges to offset any increase in annual maintenance costs. The Storm-Drain Utility is pressed with increasing requirements that current rates do not cover.

Alternative Action
The City Council (Council) may choose not to accept the improvements. Under this alternative, the City would be inconsistent with a long-standing policy of maintaining streets and infrastructure following the completion of the improvements in accordance with City Construction Standards.

MEETING DATE: August 20, 2024
ITEM NO. 4.11(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(a)--Approve the Final Map and Execute Subdivision Agreement for Shastina Ranch Subdivision, Unit 8 (S-7-03) Planned Development PD-5-04 Michael Webb, Public Works
Director
Packet Pg. 89
Report to Redding City Council August 14, 2024
Re: 4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8 Page 2 Background/Analysis
The Shastina Ranch Subdivision, Unit 8 (S-7-03/PD-5-04) was approved by the Planning Commission on July 16, 2005. Attached is a map showing the subdivision, which is located south of Rancho Road and west of Shasta View Drive.

The developer, Sierra Pacific Land and Timber Company, has submitted the final map and all other required data which has been checked and approved by various City Departments. Relevant subdivision map conditions of approval have been met with the exception of some portions of roadway conditions (placing asphalt concrete, striping, pouring curb/gutter/sidewalk, centerline monument survey, street name signs, utility manholes, street lights and valve grade adjustments).

The developer has agreed to the execution of a subdivision agreement, has committed to completing these conditions, and has submitted a related security in the amount of $354,509 for the remaining work. The developer has been informed that no occupancy permits will be granted for residences constructed on lots until all related subdivision agreement conditions have been met.

The agreement has been approved as to form by the City Attorney.

Environmental Review
On July 5, 2005, the Council held a public hearing and adopted a resolution approving the Tentative Subdivision Map Application (S-7-03) and Planned Development Application (PD-5- 04) for the Shastina Ranch Subdivision Project after adopting a resolution certifying the completeness and adequacy of the Environmental Impact Report, EIR-1-03, on April 5, 2005.

On March 11, 2008, after a public hearing was held, the Planning Commission adopted a Mitigated Negative Declaration and approved the Tentative Subdivision Map Application (S-9- 05). No further action is necessary.

Council Priority/City Manager Goals
This agenda item is a routine operational item.

Attachments
^Location Map
Subdivision Agreement
Final Map
Performance Bond
Previous Staff Report
Packet Pg. 90
Packet Pg. 91
Attachment: ^Location Map (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 92
Attachment: Subdivision Agreement (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 93
Attachment: Subdivision Agreement (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 94
Attachment: Subdivision Agreement (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 95
Attachment: Subdivision Agreement (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 96
Attachment: Subdivision Agreement (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 97
Attachment: Subdivision Agreement (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 98
Attachment: Subdivision Agreement (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 99
Attachment: Subdivision Agreement (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 100
Attachment: Subdivision Agreement (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 101
Attachment: Subdivision Agreement (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 102
Attachment: Subdivision Agreement (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 103 Attachment: Final Map (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 104 Attachment: Final Map (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 105 Attachment: Final Map (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 106 Attachment: Final Map (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 107 Attachment: Final Map (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 108 Attachment: Final Map (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 109 Attachment: Final Map (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 110 Attachment: Final Map (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 111 Attachment: Final Map (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 112
Attachment: Performance Bond (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 113
Attachment: Performance Bond (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 114
Attachment: Performance Bond (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) ITEM NO.
6 -]MEETING
DATE '7-5-
05 APPROVED
BY ~ C .Y MANA
ER
DATE:

CODE:

FROM:

SUBJECT: CITY OF

REDDING REPORT TO CITY
COUNCIL June 15,
2005S101-057/G030-010/L-010-211-012/
L-010-230 Development Services
Department-- Planning Public Hearing reShastina
Ranch Subdivision and Development Agreement;
Adopt Resolution for Tentative Subdivision Map
ApplicationS-7-03 and
Planned Development Application PD-5-04;
Adopt Resolution for General Plan Amendment Application GPA4-03; Offer Ordinance
for First Reading for Rezoning Application RZ-8-03; and Offer Ordinance for First Reading for Shastina Ranch Development Agreement RECOMMENDATION At the conclusion of the public heating, itis the recommendation ofthe Planning Commission that the City Council adopt thetwo attached resolutions and accept the twoattached
ordinances
for first reading by title only for approval of the applications constituting the Shastina Ranch Subdivision Project and development. agreement. BACKGROUND On February 8, 2005, the Planning Commission considered the Shastina Ranch Subdivision Project Project) andrecommended that the City Council determine that the necessary findings arein evidence and that the Council approve the applications constituting the Shastina Ranch Subdivision Project, and approve the associated Development Agreement between the City and the Project applicant. OnApril 15, the City Council adopted a resolution and findings for certification of EIR-1-03 and deferred action on the Project application pending a heating bythe Shasta County Airports Land UseCommission ( ALUC). This heating was necessary since theProject also necessitates an amendment to the Redding Airport Comprehensive Land Use Plan (CLUP)
to'ensure consistency between that plan andthe City' s General Plan. On May 26, 2005, the ALUC unanimously approved the CLUP amendment. PROJECTDESCRIPTION The Pro. ject proponents have requested approval ofa proposal tosubdivide approximately 224 acres to create 446 single-family residential homes; a7.6-acre public park;61 acresof open space; and 20 acres ofindustrial land. The open space will encompass the Clover Creek floodplain corridor, steep slopes along the west Project boundary, and areas of wetlands. The Project will also include the extension of Shasta View Drive between Rancho Road and Airport Road. The subdivision proposal requires an amendmentofthe Redding General Plan andrezoning
actions to achieve General Plan
consistency and establisharchitectural
and site-development guidelines. Packet Pg. 115 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Report to City Council 2 June 15, 2005
A Development Agreement between the City of Redding and the Shastina Ranch Development Company, Inc.

Generally, the proposal is for a 446-1ot subdivision with lot sizes ranging between6,600 and14,000 square feet. The planned development plan describes fiveneighborhoods distinguished by lot and home size. Four neighborhoods are for model homes between1,200 and2,800 square feet insize; oneneighborhood is for custom homes. The Project is illustrated by the attached Shastina Ranch tentative subdivision map and planned development plan. Distinctive features include varying model home architecture, including two- story and side-entry garage models; six-foot landscape parkways with extensive tree planting along all streets; decorative paving and landscape at strategic street intersections to provide traffic calming; decorative streetlights and integrated design instreetscape, monumentation, and bridge features. DEVELOPMENT AGREEMENT The Project applications are accompanied bya development agreement between the applicant and the City. The main focus of theagreement isthe developer' sconstruction ofthe 7.6-acre public parkconcurrent with the Project development in exchange for park fee credit and use of City property for construction ofa section of Shasta View Drive. The agreement also provides that a landscape maintenance district will be formed for maintenance ofthe park; asmall portion of the park may be used for stormwater detention, and the developer will construct 1.3 miles of public trail along Clover Creek.

Attachment "B" provides further details onthe agreementpoints. Attachment "F" provides the implementing
development agreement ordinance. GENERAL PLAN AMENDMENT/ REZONING The Project necessitates a General Plan amendment tochange the land use classification of 101.5acres on that portion of the Project site on the east sideof Clover Creek from "General Industry" ( 82.6acres) and "Residential, 1to 2dwelling units per acre" ( 18.9 acres) to "Residential, 2 to 3.5units per acre." All of the Project area on the west side of CloverCreek iscurrently Residential, 2to3.5 units per acre." The proposed 446 lots represent a density of 2.6units peracre. Along the east Project boundary, 20.8 acres would remain classified " General Industry"; this area lies between an existing overhead 115 kV PG&E power line and industrial property adjacent to Airport Road. The Clover Creek floodplain andsteep slopes along the west Project boundary would remain in the "Greenway" classification. Attachments " K" and "L" illustrate the existing and proposed General Plan land use classifications on the property. The Project includes rezoning actions to coincide withthe General Plan amendment andto apply the PD" Planned Development Overlay District to the entire Project site. Essentially, this consists of rezoning the property on the east side ofClover Creek to "RS-3" Residential Single Family District. The "PD" District will serve to establish site andarchitectural guidelines as contained in the planned development plan. The "PD" District is also necessary to permit minor deviations to thelot width 70 feet) and lot area (7,000 square feet) of the "RS-3" District for about 200 of the lots on the east side of the creek. For the most part, these deviations are for width or area reductions of 10 percent ofless. The existing and proposed zoning of the
Project
site areillustrated on Attachments " M"and " N."ISSUES The underlying objective of the applicant isto create aplanned community offive neighborhoods distinguished by lot size and Packet Pg. 116 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Report to City Council 3 June 15, 2005
to foster cohesiveness among the neighborhoods. The Planning Commission did not identify any major issues of conformance with the General Plan or standard development policies. The main Project issues were previously considered by the Council in conjunction with certification of the Project EIR. A discussion of these issues is presented in Attachment "A." They are:

Conformance with General Plan Goals.

Transportation and Circulation.

Eminent Domain for Shasta View Drive.

Consistency with Airport Land Use Plan.

Loss of Industrial Land.

Drainage/Anderson Cottonwood Irrigation District (
ACID).Public Park/Landscape
Maintenance District. TRAFFIC IMPROVEMENT/ FINANCING A primary consideration of the project isfinancing of improvements necessary tomitigate the project's traffic impacts at the intersection ofChmrt Creek Road/ Victor Avenue/ Rancho Road. This intersection is presently operating at a level of service on the verge of warranting signalization. The Project trafficstudy concludes that some an~ountofdevelopment may occur without significantly degrading the existing service level of the intersection,butthat before Project buildout, signalization will be necessary. Due to the close spacing of Victor Avenue and Rancho Road, reconstruction and signalization of
the intersection are major undertakings.The Project would contribute approximately 17 percent of the traffic atthe Chum Creek Road/ Victor Avenue/ Rancho Road. The potential deficiency oftheintersection is substantially caused by existing citywide traffic. The service levelof the intersection wouldbe potentially further degraded by anticipated development of other large parcels in theRancho Road/ Shasta View Drive area. The necessary improvement of the intersection is a
major construction project and beyond thefinancial scope of any individual residential development anticipated inthe area. To ensure that a funding mechanism will be inplace that will satisfy thefair-share or "proportionality" standard ofaproject requirement and provide some surety ofthe timely construction of the intersection improvements, the following condition is included in the recommended conditionsof project approval. Itis
based upon required mitigation identified in the Project EIR:38. a. The developer shall pay the Citywide Transportation Development Impact Fee inaccordance with Chapter 16.20 of the Redding Municipal Code.Prior to filing ofafinal map forresidential development orissuance of entitle: ment or building permit for development of the industrial land, the applicant, owner, or successor in interest shall agree toparticipate with theCityof Reddingna funding mechanism toensure the
construction ofimprovements at the Chum Creek Road/Victor Avenue/ Rancho Road intersections as :necessary to maintain acceptable level- of-service operations. The applicant, owner, or successor ininterest shall agreeto participate in this funding mechanism at a
level equivalent tothe project' spro rata share of the improvements. Co Notwithstanding ( b) above, up to a maximum of 120 lots may berecorded onthe east side of Clover Creek with sole access from Airport Road ( i.e., no crossing of Clover Creek) prior to final establishment ofa funding mechanism for the
Packet Pg. 117 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Report to City Council 4 June 15, 2005
facility fee, established by the City Council or its designee equal to the project's pro rata share of the intersection improvements, shall be made at the time of issuance ofa'building permit.

This condition requires that the project will contribute its fair share to finance the intersection improvements. The final funding mechanism will take the form of an assessment district, benefit fee district, reimbursement agreement, or some combination thereof. In essence, what will be created is a "localized" traffic impact fee program. Such a district(s) may also include the signal at Rancho Road/Alta Mesa
Drive. The City has already initiated acontact with atraffic consultant forpreliminary design work on thenecessary intersection improvements. Attachment 'T' provides amap illustrating large undeveloped parcels in the area of the Project site that may be included in a future assessment or benefit fee district based upon their development potential that wouldgenerate traffic at the intersection. At a
minimum, staff anticipates those largeundeveloped parcels south of Rancho Road and west of the Shasta View Drive extension in the vicinity of Shastina Ranch to be included. Other potential properties include undeveloped residential parcels and acommercial site north of Rancho Road, industrial land along Airport Road, and commercial parcels at the I-5/ South Bonnyview Road interchange. In accordance with State and City regulations, propertyowner notification and public heatings would be apart of any iprocess establishing abenefit fee or assessment district. In regard to Condition 38c, an analysis by the Project traffic consultant of allowing up to120 lots to develop east of CloverCreek with soleaccess offAirport Road (i.e., no extension of Shasta View Drive) concludes thatthis levelofdevelopment would have negligible impact on the operation ofthe Chum Creek Road/Victor Avenue/ Rancho Road intersection.

Development ofthese lots asthe initial phase ofthe project isprojected to increase the average peak- hour delay atthe intersection bya
maximum of 4.8
seconds. The Project EIR identifiesan additional
delay of less than 5.0seconds as below the threshold of significant impact. The sole Airport Road access results inadistribution of traffic more reliant upon Airport Road than the Rancho Road/ Chum Creek Road corridor. The traffic
consultant'sanalysis is provided in Attachment "J."The requirements of Condition 38 are consistent with General Plan policies in regard tofinancing necessary citywide traffic improvements, both in termsoftiming and fair-share allocation. General Plan policy acknowledges that temporary reductions in thedesired level-of-service goals will occur while financing is developed toconstruct traffic improvements of area or regional benefit. It is generally understood that with a
fee-based program, someimprovements will lag behind development, since fees are typically collected from development at the time ofissuance of building permits. During this lag time, thelevelsof
service may
decrease until enough funds
are accumulated to accomplish the improvement. REQUIRED FINDINGS ENVIRONMENTAL IMPACT REPORT EIR-1-03As noted, the Project EIR was previously certified by the City Council. The following findings are incorporated into the resolution for approval of the tentative map and planned development plan application and the ordinance for approval ofthe development agreement: 1. The project is within the scope ofthe Project defined in Final Environmental Impact Report Packet Pg. 118 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Report to City Council 5 June 15, 2005
o
Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the significant environmental effects identified in Final Environmental Impact Report EIR1-03.The City Council adopts the Mitigation Monitoring and Reporting Program included in Final Environmental Impact Report
EIR- 1-03.SHASTINA
RANCH SUBDIVISION PROJECT A General Plan amendment andrezoning are legislative acts and, therefore, specific findings for approval are not required other than the above environmental findings. Certain findings must be found to be in evidence to support approval of a tentative map as set forth inthe State Government Code, a Planned Development as set forthin Chapter 18.53 ofthe City Zoning Ordinance, and a Development Agreement as set forth in Chapter 18.20 of the City Zoning Ordinance. These findingsof approval are delineated in the resolutionand ordinance ofl~red for approval of theProject and development agreement and attached tothe report ( Attachments "
E"and "F"). ALTERNA TIVES AND IMPLtCATIONS OF THE
AL TERNA TIVES At the conclusion ofthe public hearing, the City Council has the following altematives:SHASTINA
RANCH SUBDIVISION PROJECT Determine that the Shastina Ranch Subdivision Project and Development Agreetnent as described in this report and the record is within the scope of the Project as defined inFinalEIR1-03. (Planning Commission Recommendation) Approve the Shastina Ranch Subdivision Project, consisting ofthe following elements, by adoption ofthenecessary resolutions and ordinances provided as Attachments " C," " D," "E,"
and "F." ( Planning Commission Recommendation)
Tentative Subdivision Map ApplicationS7-03.General
Plan Amendment Application GPA4-03.Rezoning Application RZ-8-03.Planned Development Plan PD-5-04.Shastina Ranch Development Agreement. The tentative map conditions of approval are provided as Attachment " G."o Approve inconcept the Shastina Ranch Subdivision Project with modifications tothe tentative map, planned development plan, orother element of the Project applications.

Staff would return with revised resolutions and/or ordinance necessary to support the modifications. Deny theShastina Ranch Subdivision Project based upon a determination that the tentative map, planned development plan, General Plan amendment, and rezoning are not consistent with the General Plan or that the Project would be detrimental to the health, safety, or welfare of the public. The Council should be specific inthe
Packet Pg. 119 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Report to City Council 6 June 15, 2005

CONCLUSION
It is the opinion of staffthat the Project demonstrates conformance with the City's General Plan and
Zoning Ordinance as outlined in this staff report and attachments. Further, it is staffs opi~fion that with the application of the attached conditions which incorporate the Project EIR mitigations, all necessary findings for approval can be made. While residential expansion within the vicinity of an airport is a land use planning concern, the Project would be in conformance with all applicable policies of the Airport Plan. The loss of a
larger industrial site is a concern, but will be offset by the pending creation ofthe Stillwater Business Park. When completed, the Shastina Ranch park and trail will assist the City in achieving the General Plan goal of 10 acres of improved park per 1,000 population. When the Planning Commission recommended the project to the Council, it unanimously praised the Shastina Ranch representatives and staff for working together to ensure that this area reflects the best of Redding--itscharacter, its quality, and its vision for the future. Staffrecommends that the City Council adopt the attached resolutions for approval of General Plan Amendment Application GPA-4-03, Tentative Subdivision Map Application S-7-03, and Planned Development Plan PD-5-04; and accept theattached ordinances for approval of Rezoning Application RZ-8-03and the Shastina Ranch Development Agreement
for first reading
by title only.ATTA
CHMENTS A. Issues Discussion
B. Main Development Agreement
Points C. Resolution approving GPA-4-
03 D. Ordinance approvingRZ8- 03E. Resolution approvingS7- 03 and PD-5-04 F. Ordinance approving Development Agreement G.

Tentative map conditions of approval H.

Policy 1703, Eminent Domain,
findings. I. Potential traffic
benefit district map
J. Traffic analysis
120 lots/Airport Road
K. Existing General Plan
L. Proposed General Plan
M. Existing zoningN.

Proposed zoningO. Existing
Airport CLUP P. Proposed Airport CLUP Q. Tentative map (4)R. Planned Development Plan S. EIR-1- 03 (previously forwarded)* A copy of Final Environmental Impact Report EIR- 1-03 for the Shastina Ranch Project was previously provided tothe Council for its meeting on April 5, 2005,at which timethe
Council certified
the EIR. Ifa Council Member would like
another copyof theEIR, please
contact the City Clerk.DD:

Packet Pg. 120 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) ATTACHMENT " A"

SHASTINA RANCH SUBDIVISION

EXPANDED ISSUES DISCUSSION
CONFORMANCE WITH GENERAL PLAN GOALS The Project includes several characteristics of sound residential growth practices and furtherance of General Plan goals as follows:

The Project will provide an aesthetic master planned community of five "villages" distinguished by lot and home size, but also sharing certain common neighborhood site and architectural design elements and a neighborhood park, fostering neighborhood cohesiveness. Features include quality architecture, project entrance features, streetscape landscape, integration ofopen space, and distinctive streetlighting. (General Plan Goals CDDg, CDD10, CDD12) The project provides a
range of lot sizes and well-designed housing products,
including neighborhood units with homes specifically designed for small lots, fostering efficient use of land. (General Plan Goals CDD10,
CDD11) oThedevelopment will preserve approximately 61 acres, or27percent, of the total project land area inpublic and private open space. This land encompasses areas for active recreation ( public park), passive recreation (public trail), preservation of sensitive habitat (vernal pools), andpublicprotection (floodplain). ( General Plan Goals CDD3, CDDS, CDD 10, NR3, NR5 through NR10, HS2,
R2)Immediate recreation opportunities willbeprovided toresidents through dedication of land and construction of apublic neighborhood park and public trail system inconjunction with subdivision development. (General Plan Goals T8, R4, R5, RI0, RI 1, PF15) oThe project design transfers residential density rights within the project boundaries to avoid sensitive wetland habitat (approximately 24 acres). ( General Plan Goals NR3, NR5th_ rough
NRIO) 6. The subdivision design promotes pedestrianism through: (General Plan Goals CDD10,CDD16, CDD17, T5, T6,
T8)Provision ofaten-foot-wide pedestrian/ bicycle
path within 35-foot-wide
landscaped parkways along Shasta View Drive. b. Provision of sidewalks separated fromthe vehicle lanes bya
landscaped parkway along all internal streets. Provision of landscaped sidewalk connections between
internal streets and Shasta View Drive. do Provision of connections between the internal street systemand the
open- space
trail system. II£M ( o4 ATTACHMENT L% Packet Pg. 121 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) The project will enhance the aesthetics of the public-street system byincorporation of alandscaped traffic circle, landscape median, and widened landscaped parkways in Shasta View Drive. (General Plan Goals CDD16, CDD17,
T3) oSubdivision improvements promote the use of public transit through incorporation of bus stopimprovements on Shasta View Drive and pedestrian connections between internal streets and Shasta View Drive. (General Plan Goals CDD10, T3,
T9)Thesubdivision is located inproximity toexisting employment centers along Airport Road and the future Stillwater Business Park. (General Plan Goal CDD 10) 10.Thesubdivision is in an area of existing and planned public infrastructure. The site is within the Clover Creek Sewer Trunk Line Assessment District. The project will result in the dedication of land for apublic well site and construction ofa24-inch water main between Rancho Road and Airport Road as specified bythe City's Master Water Plan. ( General Plan Goals
CDD2, PF1) TRANSPORTATION
AND CIRCULATION Thetraffic analysis concludes thatthe Projectwill actuallygenerate substantially fewer vehicle trips than what would be expected from development under the existing " Industrial" General Plan classifications on the Project site. This is due tothe proposed amendment which wouldreclassify 82.6acres from "General Industry" to "Residential, 2to 3.5 units per acre." " General
Industry" hasamuch higher per-acre trip-generation factor than residential development.

The Project isestimated togenerate 7,106 average daily trips ( ADT) as compared to14,988 ADTs resulting from buildout under
the existing General Plan. The EIR traffic study also assesses the impacts additional project- related vehicle trips will have on the street segments and intersections in the vicinity of the Project. The EIR contains mitigation measures to offset impacts to the street system. Where the Project generates 25percent or more ofthe traffic atanimpacted intersection or street segment, the Project isresponsible for fullimpact mitigation. Where the Project generates less than 25percent ofthe traffic at an intersection or street section, the Project is responsible for its pro rata share of the impact mitigation. The25 percent threshold is established to meet the "proportionality" test required ofa mitigation. Essentially, an individual project cannot bear the entire responsibility for eliminating atraffic deficiency that iscaused substantially more by existing citywide traffic volumes than by the project itself. The EIR traffic mitigations are reflected in the tentative map Conditions 21, 22, 23, 37, and 38.Approval of the project will also establish aright-of-way width for Shasta View Drive. General Plan Transportation Policy T3A and Community Development and Design Goal CDD16 and Policy CDD16B promote improving the visual attractiveness of the City' s arterial and collector street systems in part by creating wider rightsof-way to allow incorporation oflandscaped medians and parkways. Toward this end, Shasta View Drive through the Shastina Ranch Subdivision is designed with a 142-foot- wide right- of-way, whereas, the typical standard used in the past is 96to 110 feet.The Shastina Ranch project provides an ideal opportunity to implement the new General Plan policies, since the area south of Rancho Packet Pg. 122 Road Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) by existing road segments developed on the basis of old standards. The widened right-ofway will afford a16-foot-wide landscaped median and 35- foot-wide landscaped parkways with a1O-foot- wide pedestrian/ bicycle path separated from the curb. It should be noted that the parkway width is based upon two vehicle travel lanes. At the point in time in the future that the third and fourth vehicle travel lanes become necessary, the parkway width will be reduced to accommodate the additional lanes. The design also includes a large traffic circle at the main project intersection on the west side of Clover Creek. This will avoid theneed forfuture signalization at theintersection. EMINENT DOMAIN FORSltASTA VIEW DRIVE The Project site does not currently have public- street access. Such access must be provided by off-site construction of Shasta View Drive from both Rancho Road and Airport Road :
to accommodate full buildout. Atthe present time, the applicant has not acquired the necessary right-of-way to construct Shasta View Drive off-site to either Rancho Road or Airport Road, although staffis aware that negotiations have been initiated. To reach Airport Road, 500 feet (0.1mile) of right-of-way is necessary across a single parcel. Toreach Rancho Road, 2,950 feet (0.5 mile) is necessary. Of this amount, approximately 1,800 feet is on a parcel for which the Cityhas received a subdivision application thatwould necessitate dedication ofthis right-of-way for approval. Another1,000feet ison City
property adjacent to the Project site. One hundred fiftyfeet would be necessary fi'om an intervening parcel. Aninability by the applicant toacquire thenecessary right- of-way creates apotential for requesting use of the City's power of eminent domain toacquire the property. The decision to utilize eminent domain rests with the City Council and is based upon a finding of public interest and necessity established in the State Code. City Policy 1703 establishes certain findings that must be fbund to be in evidence in order to support a tentative map condition which requires an
off- site street improvement that could lead to the need for use of eminent domain. These findings are in Attachment " I."Itis the opinion of the Planning Commission and staffthat the necessary findings are in evidence. Shasta View Drive has been
major link between Rancho Road and Airport Road since 1985. identified
This street
on
link
the
is
General
necessary
Plan
to provide
asa
for the logical
development ofalarge expanse ofland anticipated tobedeveloped by the General Plan ina manner that does not overburden existing streets and to provide safe and adequate access to the public. It isimportant to note that staff is not recommending, noristhe Council obligated to make, a
decision on the use of eminent domain at this time. Itis the applicant'sdesire and expectation that an agreement will be reached with the affected landowners to acquire the necessary street easement. The purpose ofthediscussion here is toestablish that in the opinion of the City Council, should eminent domain become necessary, the required findings can be made. Although adecision to use eminent domain is not a part of this hearing, ifthe Council does not feelthat the potential
useof eminent domain for the project is appropriate, the Council could require a modification to the project conditions of approval. AIRPORT LAND USE PLAN The Shasta County Airports Land Use Commission has approved an amendment to the Redding Municipal Airport CLUP upon a determination that the Shastina Ranch Subdivision is in conformance with applicable CLUP noise and safety
policies, an FAA approved amendment Packet Pg. 123 to the Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) NOISE
The Project site is approximately 1,200 feet outside of the estimated 60dB CNEL noise contour associated with projected ~firport operations. The City's General Plan establishes 60dB CNEL
as the acceptable exterior sound level threshold in a residential area. The airport CLUP utilizes a lower standard of 65dB CNEL based upon State airport standards. ( CLUP Policy 2b) The tentative map conditions require that an avigation easement be granted to the City of Redding for flight operations associated with the airport prior to recordation of a final subdivision map. (CLUP Policy 2f)
SAFETY
A portion of the Project site is located within the Outer Approach Zone of crosswind Runway

12. The safety zones for Runway 12 shown on the Airport Plan are based upon a previously planned northwest extension of the runway. Due to the lack of current or planned use of this runway, the Federal Aviation Administration (FAA) has approved an amendment ofthe Airport Facilities Plan to eliminate the planned extension of this runway. Elimination of the runway extension significantly reduces the area of the Project site within the Outer Approach Zone as depicted on the Airport Plan. Based upon the existing terminus of Runway 12 and safety zone configuration standards, approximately 30.5 acres of the Project site are located within the Outer Approach Zone.

The Airport Plan establishes a maximum residential density of 3 units per acre in an Outer Approach Zone. Shastina Ranch proposes 44 lots within the Outer Approach Zone, which is an overall density of 1.4 units per acre. (CLUP Policy 3a) The dwelling units within the Outer Approach Zone are concentrated at the far end, creating an undeveloped expanse of 22. acres within the Outer Approach Zone, as opposed to disjointed open areas between houses dispersed through the safety zone. This creates a greater expanse of open space for flight emergencies. (CLUP Policy 3b)
Clustering of homes within, safety zones and in general around airports to create more open areas is encouraged by the State Division of Aeronautics. In responding to the Project EIR, the State did not object to the Project design.

LOSS OF INDUSTRIAL LAND The Project will cause the loss of a large industrial site near the Airport Road industrial corridor as a result in the General Plan amendment and subdivision. The City's General Plan more than accommodates the projected demand for industrial acreage. The General Plan EIR identifies 3,282 acres of land designated " General Industry." Of this amount, approximately 500 acres were in use as of 1999, with a projected demand of 361 additional acres by 2020. However, there are very few large industrial sites, such as the subject property, with ready access to roads and utilities that could accommodate larger industrial and manufacturing uses. That market need is now planned to be accommodated by the 678-acre Stillwater Business Park planned on property east of the Redding Municipal Airport. Phase 1 of the business park is expected to becomplete in
2007.Expanded Issues Discussion, Attachment " Packet Pg. 124 A" Page Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Staffbelieves that the development of the Stillwater Business Park will satisfy the community's need for large industrial sites. On a related issue, reclassification of the property to allow development of Shastina Ranch could serve to facilitate development ofthe Stillwater Business Park by providing opportunities for nearby housing to satisfy the demand created by employment within the park.

DRAINAGE/ ANDERSON COTrONWOOD IRRIGATION DISTRICT ( ACID) Asegment of the Anderson Cottonwood Irrigation District (ACID) canal system lies along the west boundary of the Project site between theproposed subdivision and Chum Creek. When constructed in the early 1900s, this canal began intercepting runoff from that portion of the Shastina Ranch site within the Chum Creek watershed. The EIR estimates that approximately one-third of the site is within this watershed. Asubsequent more refined estimate bythe Project engineer concludes thatapproximately 23. 5 acres,or 10 percent, is actually draining toward
Chum Creek.The upper reach of this canal segment presently receives storm- water runoff from the substantial development that has occurred north of Rancho Road. In his comments on the Project EIR, the General Manager of the ACID has stated that this City drainage has contributed to damage of the canal and that ACID is opposed toany additional development that will increase runoff into the canal. To address this comment, the EIR mitigations and subdivision mapconditions preclude developmentof the 23.5 acres of the subdivision in the Chum Creek watershed until an appropriate method of conveying water to Chum Creek is approved by the City Engineer in consultation with the ACID. The EIRoffers two potential solutions. This restriction will affect40 of the westernmost lots shown on
the subdivision map. The Shastina Ranch sitehas acomparatively minimal impact on the canal in relation tothe aforementioned existing development and the potential future development of thelarge vacant parcels northwest ofShastina Ranch. Staff has initiated discussions with the ACID General Manager andthe engineers representing Shastina Ranch and the owners of these vacant lands toward an overall solution in which all
partiesmayparticipate.PUBLIC PARK/ LANDSCAPE MAINTENANCE DISTRICT An integral element of the subdivisiondesign isa7.6-acre public park located adjacent to Clover Creek near the center ofthe new neighborhood. This park is the main emphasis of the Project development agreement. The agreement provides that inaddition to the parkland dedication required by the City Subdivision Ordinance, the developer shall design and construct the actual park improvements and form alandscape maintenance district to maintain thepark. In exchange, the developer willreceive credit toward the Project's parks and recreation development impact fee obligation and will beallowed to utilize a portion of
the park for storm- water detention. The park amenities willbe based upon a Large Neighborhood Park, as defined inthe Parks, Trails and Open Space Master Plan (Parks Master Plan) and includea
multi- purpose turf field, basketball court( s), horseshoe and bocce ball courts, picnic area, playground, and trails. The park improvements will be constructed inphases by the developer as the subdivision builds out, beginning with the 80thhome. This would be the first neighborhood park with maintenance funded through alandscape maintenance district (LMD). Funding park maintenance through anLMD is identified inthe Implementation Strategy of the Parks Master Plan. Staff believes this is appropriate in this case,since although thepark will be available to the public in general, it. isadirect amenity to the Shastina Ranch Subdivision, and its residents will derive the greatest direct Packet Pg. 125 benefit. Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) A portion of the park site will also be designed to accommodate storm-water detention.

Such project-specific detention facilities are commonly maintained by LMDs. The agreement identifies less active park areas where short- term inundation will occur.The Community Services Advisory Commission has endorsed the park site location and conceptofthe development impact fee credit agreement. Upon its review, the Commission also "encouraged the developers toenlarge the park size to ten acres." The City General Plan contains a standard of10acres of improvedparkland per 1,000population; the projected population of thesubdivision is 1,088 people. The General Plan standard is based upon total park facilities available to all residents on acitywide basis. This includescommunity parks (e.g., Caldwell Park/Enterprise Park),neighborhood parks, community centers, open-space trail systems, etc.The developers feel the 7.6-acre park site is appropriate for the Projectfor the following reasons: The 7.6-acre park will exceed the maximum land- area dedication supported byState law Quinby Act) and theCity Subdivision Ordinance. Under these regulations, a 5.43-acre park site may be required. The collocation ofthe storm- water facility may reduce
the functional recreation area ofthe park, but not significantly. Aspart of the Project, the developer will also construct1.3 miles of public trail in the open space along both sides of Clover Creek. The Parks Master Plan allows that provision of publictrails be credited toward park- acreage goals.

Public trail of 1.3
miles in length is equivalent to approximately 6 acres of parkland.3. The developer has agreed to widen the sidewalk in the parkways along Shasta
View Driveto 10 feet to create ajoint pedestrian/ bicycle path. The City's General Plan and Parks Master Plan call for a future neighborhood park on the west side of Shasta View Drive.

The General Plan also identifies a future school site in this area.

Preliminary discussions have already occurred with the PachecoSchool District regarding ajoint school/ park site. This would bealarger neighborhood park, providing more extensive ball fields and other recreation opportunities serving the
Shastina Ranch Subdivisionand thelarger undeveloped area west of Shasta View Drive.

5. The developer'
s
willingness contructo
and maintain park improvements with development Packet Pg. 126 of Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) ATTACHMENT " B"

SHASTINA RANCH SUBDIVISION

DEVELOPMENT AGREEMENT POINTS
DEVELOPMENT AGREEMENT The Project is accompanied by a development agreement between the City and the applicant, ensuring that the expectations of both parties for the Project will be realized (Attachment "H"). The applicants and the City's obligations under the agreement are outlined by Sections 6 and 7 and Exhibit "D," which provides details for the park construction and fee credit. The main focus of the agreement is as follows.

The applicant will:

Dedicate land for, design, engineer, obtain necessary permits, and construct a 7.6-acre public neighborhood park. Construction of the park will bephased as development of the subdivision occurs. The park will be maintained through formation ofalandscape maintenance district. Dedicate land for, design, engineer, obtain necessary permits, and construct approximately1.3 miles of public trail system along Clover Creek (of which approximately0.37 mile is located outside the Project boundary onCityowned land).3. Dedicate land for a City well. The
City will:1. Allow use of City property tosatisfy Project requirements for construction of a portion of Shasta View Drive and public
trail improvements. 2. Allow use ofaportion ofthe public park tosatisfy Project stormwater detention requirements through appropriate park design. Utilize existing and/ orfuture mechanisms in place atthe time of development to reimburse and/ or credit the developer for costs above the Project' s prorata share associated with construction ofthe public park, utility oversizing, and off-site traffic-circulation Theimprovements. subdivision could generate over $1,600, 000 in parks fees based on the current fee structure. Staff anticipates that most of these fees will be credited.

Once the park is complete, any unused
credit willbe paid tothe City.Adevelopment agreement issubject to a CEQA determination;
the
Project
EIR is
adequate
for
This purpose.6-17-05 STAF\ S703- Packet Pg. 127 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) RESOLUTION NO. 2005-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

REDDING AMENDING THE GENERAL PLAN DIAGRAM OF

THE CITY BY ADOPTING GENERAL PLAN AMENDMENT
GPA4-03 WHEREAS, following therequired public hearing, the City Council oftheCity of Redding determined that the General Plan Diagram be amended by incorporating therein the changes contained in General Plan Amendment GPA-4-03, involving 5370 Rancho Vista Way and 5490 Rancho Vista Way as follows and as shown on the map attached hereto: 5370 Rancho Vista Way from " Residential, 1to 2dwelling units per acre" to "Residential, 2to 3.5
dwelling units per acre."That portion of 5490 Rancho Vista Way east of Clover Creek from "General Industry" toResidential, 2to 3.5dwelling units per acre" and "General Industry." WHEREAS, on May 26, 2005, the Shasta County Airport Land Use Commission adopted Resolution 2005-002, finding that the proposed land use designations are consistent with the objectives and policiesofthe Redding Municipal Airport Comprehensive Land Use Plan; and WHEREAS, following the required notice inaccordance with law, theCity Council held apublic hearing and carefully considered the evidence at the hearing; NOW, THEREFORE, IT IS RESOLVED that the City Council, having reviewed Environmental Impact Report EIR-1-03, stating that with mitigation the project has no significant impact upon the environment, hereby amends the General Plan Diagramofthe Cityof Redding by incorporating therein the changes contained in General Plan Amendment GPA-4-03 as shown,
on the maps attached and made apart hereof. BE IT FURTHER RESOLVED, by the City Council of the City of Redding that this resolution shall not have the force and effect of law and shall not become effective unless and until Ordinance No. __., approving the Development Agreement byand between the City of Redding and Shastina Ranch Development Company, Inc., shall be introduced, adopted, and thereafter becomes legally effective pursuant to the terms
provided
for
in that ordinance. Rancho
Packet Pg. 128 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting of the City Council on the__th dayof__ 2005, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

JOHN R. MATHENA, Mayor
Attest: Form Approved:

CONNIE STROHMAYER, City Clerk RICHARD A. DUVERNAY, City Attorney 6-
6-05ESO\ RCC\G
PA403- RanchoVista- DD-CC. wpd Rancho Vista Way,
Packet Pg. 129 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) SHAST NA ~NC" SUBD~ION-( ,,/'' / i souRc,: GIS

DIVISION
PROPOSED GENE~ LPLAN .~. OAT*: I
I
I ~
SHASTiNA RANCH SUBDIVISION XP~N~.~
N24,
03 ~

JANUARY
RZ- 2005 [ IR-~-05, S-7-05, 6PA- 4-
Packet Pg. 130 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) ORDINANCE NO.

AN ORDINANCE OF THE CITY OF REDDING AMENDING

THE ZONING MAP OF THE REDDING MUNICIPAL CODE

RELATING TO THE REZONING OF CERTAIN REAL
PROPERTY IN THE CITY OF REDDING (RZ8-03)The City Council ofthe City of Redding does ordain as follows: SECTION 1. That the boundaries of the districts referred to in18. Section 01.050 of the Redding Municipal Code, as designated on amap entitled "Zoning Map oftheCityof Redding, California,"dated January 7, 2003, are hereby altered as set forth on the map attached hereto and made apart
hereof
by:

REZONING:

FROM: TO: Property at 5370 Rancho
Vista Way RS-2" Residential
Single Family District RS-3-PD" Residential Single
Family District
with
Planned
Development
Overlay District REZONING: FROM: TO:Property
at 5490 Rancho Vista Way RS-3" Residential Single
Family
District and "GI" General Industrial District RS-3-
PD" Residential Single Family District with Planned Development Overlay District, " GI"
General Industrial
District,
and "
OS" Open Space District e REZONING:

FROM:TO:Property at 2961
Rancho Vista Way RS-3" Residential Single Family
District RS3-PD" Residential Single Family District with Planned Development Overlay District SECTION 2. Onthe basis ofthe information contained in Environmental Impact ReportE[R-1-03,the City Council finds that, with
mitigation, the subject rezoning will not have asignificant effect on the environment. SECTION 3. This ordinance shall not take effect until such time that the City Attorney certifies to the City Clerk that: (1) Cityof Redding Resolution No. 2005-__, pertaining to General Plan Amendment GPA4-03, becomes legally effective and (2) that a
minimum of 30 days Packet Pg. 131 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of
the City Council on the __ day of ., 2005, and was read and adopted at a regular meeting
of the City Council on the __ day of ,2005, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

Attest:.

JOHN R. MATHENA, Mayor
Form Approved:

CONNIE STROHMAYER, City Clerk RICHARD A. DUVERNAY, City Attorney 2-
1- PRO~05ORD\
RZ704-Lowes- TA. wpd Shastina Ranch. Packet Pg. 132 RZ- Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) II
sou.
c~:

GISDIVISION PROPOSED
LOPMENT SER~CESD~ENTI
ZONING MAP D~
I ','. SHASTiNA
I~ 1~ 0AND RANCH SUBDIVISION 0
FACIU~ P~NAREA DWG. NO: DATE PRODUCED: XP~

NN' JAUARY
GPANOX4- 24, 2005 EIR. I-05, S-7-03,
Packet Pg. 133 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) s.,.~ ~.
c. su.~,~ I1:s,~-~
x...

CHURN CFEEK ............ , ~,~ rr '- ~ ]~ o~.~: O~
DIVISlO~
CESDEP~

PROPOSEDZONING
EHT
MAP ~' ~:

II SHASTiNA DE~
S
LOPMENT SER~
0 RANCH
AND
SUBDIVISION ~: FACIM~ P~ 0
N AREA
10~
A~
I~
ACHUENT: DWG. NO: DATE PRODUCED: XP~ NINGX JANUARY
24,
RZ20058.- EIR. I-05, S-7-03, GPA- 4-03 &
Packet Pg. 134 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) iRESOLUTION NO. 2005-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

ADOPTING FINDINGS TO APPROVE TENTATIVE SUBDIVISION
MAP APPLICATION S-7-03AND
PLANNED DEVELOPMENT APPLICATION PD-5-04FOR
THE
SHASTINA RANCH SUBDIVISION PROJECT WHEREAS, on ., 2005, the City Council considered Environmental Impact Report EIR- 1-03 and itssupporting documentation and the staffreport and other information in the record for Tentative Subdivision MapApplication S-7-03 and Planned Development Application PD-5-04 for the Shastina Ranch Subdivision project, and considered all testimonial andwritten evidence submitted prior to and during the pUblic hearing; NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Retiring that the following findings are appropriate and properto support the approvalof Tentative
SubdivisionMap Application S-7-03
and Planned Development Application PD-5-04.CALIFORNIA ENVIRONMENTAL QUALITY ACT ( CEQA) FINDINGS The project is within the scope ofthe project defined in Final Environmental Impact Report EIR1-03, certified by the Redding City Council on April 5, 2005, by Resolution 2005-

48.Changes or alternations have been required in or incorporated into theproject which
avoid or substantially lessen the significant environmental effects identified in Final Environmental Impact Report EIR- 1-03.

The City Council
adopts the Mitigation Monitoring
and Reporting Program included in Final Environmental Impact Report iEIR-1-03. TENTATIVE MAP FINDINGS Government Code Section 66474) To approve a tentative subdivision map application, the approving body must find nonethat of the circumstances as
set forth inthe Government Code of the State of Califomia Chapter 66474. 61(a) through g) exists, specifically: That the proposed map is not consistent with applicable generaland specific plans asspecified in Section 65451. Theproject density falls within the range anticipated bythe property's General Plan designation of "Residential, 2to3.5dwelling units per acre." The project design furthers General Plan Goals CDD2, CDD3, CDD5, CDD9, CDD10, CDD11, CDD12, CDD16, CDD16; NR3, NR5 through NR10; T3,
T5, T6, T8, T9; HS2; R4, R5, R10, R11; PF1, PF2, PF15 as follows: Shastina Ranch, $-7-03and PD-5-04 Theproject will provide an aesthetic master planned communityoffive "villages" distinguished by lotand home size, but also sharing certain common neighborhood site and architectural design elements and aneighborhood park, fostering neighborhood cohesiveness.

Features
include quality architecture, project entrance Packet Pg. 135 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) bo
Co
ho
The project provides a range of lot sizes and well-designed housing products, including neighborhood units with homes specifically designed for small lots, fostering efficient use of land.General Plan Goals CDD10,
CDD11)Thedevelopment willpreserveapproximately 61 acres, or27 percent, of the total project land area inpublic andprivate open. space. This land encompasses areas for active recreation (public park),passive recreation (public trail), preservation of sensitive habitat (vernal pools), and public protection ( floodplain). ( General Plan Goals CDD3, CDD5, CDD 10, NR3, NR5 through NR10, HS2,
R2)Immediate recreation opportunities will beprovided toresidents through dedication of land and construction ofapublic neighborhood park andpublic trail system inconjunction with subdivision development. ( General Plan Goals T8, R4, R5, R10, R11, PF15) The project design transfers residential density rights within the project boundaries to avoid sensitive wetland habitat (approximately 24 acres). (General Plan Goals NR3, NR5 through
NRIO)The subdivision design promotes pedesthanism through: (General Plan Goals CDD 10, CDD 16,CDD17, T5, T6,
T8)Provision ofaten-foot- wide pedestrian/ bicycle
path within 35-foot-wide
landscaped parkways along Shasta View Drive. ii.Provision of sidewalks separated from the vehicle lanes bya
landscaped parkway along allinternal streets. iii. Provision of landscaped sidewalk connections between
internal streets andShasta View Drive. iv. Provision of connections between theinternal street system andthe open-space trail system.The projectwill enhance theaesthetics of the public- street system by incorporation ofalandscaped traffic Circle, landscape median, and widened landscaped parkways in Shasta '
View Drive.General Plan Goals CDD16, CDD17, T3)Subdivision improvements promote the use of public transit through incorporation of bus stop improvements on Shasta. View Drive and pedestrian connections between internal streets and Shasta View Drive. (General Plan Goals CDD10, T3, T9)Thesubdivision islocated in proximity to existing employment centers along Airport Road and the future Stillwater Business Park. ( General Plan Goal CDD 10)The subdivision is in an area of invested and planned public infrastructure. The site iswithin the Clover Creek Sewer Trunk Line Assessment District, in which the property isinvested. The project will result in the dedication ofland for a public well site and construction ofa24-inch water main between Rancho Road and Airport Road as specified by the City' s
Master Water Plan.General Plan Goals CDD2, PF 1) Packet Pg. 136 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) That the [tesign or improvement ofthe proposed subdivision is not consistent with applicable general and specific plans. The project'sstreet and lot design conform to the standards of the General Plan and Zoning Ordinance. All utility and service infrastructures are immediately available to the site.

That the site is not physically :~uitable for the type ofdevelopment. The property will accommodate creation of the proposed lots and residential structures without the need for any unusual grading or construction practices.

That the site is not physically suitable for the proposed density of development. The site is readily accessible by a planned street network and serviceable by City utility infrastructure. The terrain is level and does not contain any geologic hazards. Areas of steep slope and floodplain are being avoided and placed in open space. Areas of jurisdictional waters are being avoided to the extent practicable. The project density is at the low end of the density range allowed by the General Plan. Adequate street- and utility-service capacity is available toaccommodate the project. o That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

An environmental impact report, EIR-1-03, has been prepared for the project. The EIR identifies feasible mitigations that will reduce all potential effects onthe environment, including fish and wildlife habitat to a levelof
less than significant. That the design of the subdivisionrtype of improvements is likely tocause serious public health problems. The project does not: present any adverse impacts topublic healthsubject to compliance with all recommended
conditions of approval. Thatthe design of the subdivision orthetype ofimprovements will conflict with easements' acquired by the public at large for access through, or use of property within the proposed subdivision. In this connection, the governing body may approve amap ifitfindsthat alternate easements for access or foruse will be provided and that these will be substantially equivalent toones previously acquired by the public. This subsection shall apply onlytoeasements of record ortoeasements established by judgment ofacourt of competent jurisdiction, and no authority is hereby granted to a legislative body to determine that the public atlarge has acquired easements for access throughoruse of property within the proposed subdivision. There are nopublic- access easements throughthe property.

PLANNED DEVELOPMENT PLAN FINDINGS Redding Orinance Zoning Chapter 18.53.060)To approve an application fora Planned Plan, Development Chapter 18.53.060 of the Redding Municipal Code stipulates that the approving body must make thefollowing findings: The proposed development is c. onsistent with the goals, objectives, policies, standards, and programs ofthis code and of the General Planand any applicable specific plan, including density and intensity limitations that apply. The project density falls within the rangeanticipated by the property'sGeneral Plan designation of "Residential, 2to 3.5 dwelling units per acre." The project design furthers General Plan Goals CDD2, CDD3, CDD5, CDD9, CDD10, CDD11, CDD12, CDD16, CDD16; NR3, NR5 through NR10; T3, T5, T6, T8, T9; HS2; R4, R5, R10, R11; PF1, PF2, PF15, as further described under the
Tentative Map Findings above: Shastina Ranch, S-7-03
Packet Pg. 137 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) The site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscape, and other features required. The project design satisfies all site standards and residential feature requirements of the City Zoning Ordinance within the guidelines and purpose of the "PD" District. o The site for the proposed development has adequate access considering the limitations ofexisting and planned streets and highways. The project includes and access will be provided by an extension of Shasta View Drive between Rancho Road and Airport Road. This street link has been identified on the City's
General Plan as a future necessary street link since 1985.

Adequate public services exist or will be provided in accordance with the conditions ofdevelopment plan approval, to serve the proposed development; and the approval ofthe proposed development will not result in a reduction ofsuch public services to properties so as to be a detriment to public health, safety, or welfare. Adequate public-service andutility capacity is available toaccommodate the project without adversely affecting overall service
levels.Theproposed development, as conditioned, will not have asubstantial adverse effect on surrounding property or the permitted usethereof and will becompatible with theexisting and planned land use characterof thesurrounding area. The project site issurrounded by other developed and ' undeveloped residential neighborhoods and properties. The project isconsistent with applicable noise and safety policies of the Redding Municipal Airport Comprehensive Land Use Plan ( CLUP). Theimprovements required and the mannerof development adequately address all natural and manmade hazards associated with theproposed development and theproject site, including, but not limited to, flood, fire, and slope, hazards. The project completely avoids development on steep slopes and within the Clover Creek floodplain, which are to beplaced in open space. The project conditions of approval apply access and General Planfiresafety guidelines.Theproposed development carries out theintent ofthePlanned Development provisions by providing amore efficient use of the land and anexcellence of architecture andsite design greater than that which could beachieved through theapplication of the base district regulations. The project provides a more efficient use ofland through provision ofa range oflot sizes, minor deviations tolot width, area, and setback standards to allow for greater streetscape enhancements and provision of open space and model homes designed to fit small lots, while maintaining quality architectural features.BEITFURTHER RESOLVED, the City Council oftheCityof Redding hereby finds and declares that theabove Findings are in evidence and approves Tentative Subdivision MaP S-7-03 subject tothe conditions of approval and
Planned Development PlanPD-5-04.BE IT FURTHER RESOLVED, by the City Council of the City of Redding that this resolution shall not have the force and effect of law and shall not become effective unless and until Ordinance No.approving the Development Agreementby and between theCity of Redding and Shasta RanCh Development Company, Inc., shall beintroduced, adopted, and thereafter becomes legally effective pursuant to the
terms provided for in that ordinance. Shastina Ranch, SPacket Pg. 138 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting
of the City Council on the __ day of ., 2005, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

Attest:

JOHN R. MATHENA, Mayor
Form Approved:

CONNIE STROHMAYER, City Clerk
6-
17- RESO\05CC\
S703-PD504- ShastinaRanch- DD.wpd
RICHARD A. DUVERNAY, City Attorney Shastina Packet Pg. 139 Ranch, S-7-03 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) ORDINANCE NO.

AN UNCODIFIED ORDINANCE OF THE CITY OF REDDING APPROVING

THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF

REDDING AND SHASTINA RANCH DEVELOPMENT COMPANY

RELATIVE TO THE DEVELOPMENT KNOWN AS THE SHASTINA

RANCH SUBDIVISION
The City Council of the City of iRedding does ordain as follows:

SECTION 1. Government Code section 65867. a) 5(states that a "development agreement is a legislative act that shall be approved by ordinance and is subject to referendum." SECTION 2. Government Code Section 65867. b) 5(states that a "development agreement shall not be approved unless the legislative body finds that the provisions ofthe agreement are consistent with the general plan and any applicable specific plan."
SECTION 3. The City Council hereby approves the development agreement in the form marked as Attachment "A" to this ordinance, titled Shastina Ranch Development Agreement and on file with the City Clerk subject to such minor and clarifying changes consistent with the terms thereof as may be approved by the City Attorney prior to execution thereof ("Development Agreement").

SECTION 4. The City Council adopts the following findings in conjunction with its approval of the Development Agreement:
a) Public hearings haw~ been held by the Planning Commission and the City Council as required by California Government Code Section 65867 et seq. and Redding Municipal Code Section 18. 030. 20
b) Notice of the public ihearings in the form of a notice of intention to consider approval of a development agreement has been given in compliance with State law, California Government Code Section 65867 and Redding Municipal Code Section 18. 030. 20 c) The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City's General Plan and all applicable specific plans. d) The Development Agreement is in the best interest of the City. e) The Development Agreement promotes the public interest and welfare of the City. f) The Development Agreement is consistent with and conforms to the requirements of California Government Code Sections 65864-65869.

5. g)TheDevelopment Agreement is within the scope of theproject defined in Environmental Impact Report
EIR1-03.ATTACHMENT Shastina Ranch Development Agreement Page Packet Pg. 140 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) SECTION 5. The Mayor is authorized and directed to execute the Development Agreement on behalf of the City of Redding.

SECTION 6. This ordinance was introduced and the title thereof read at the special meeting ofthe City Council on , 2005.

This ordinance shall not take effect until such time that the City Attorney certifies to the City Clerk that: ( 1) City of Redding Resolution No. 2005-__, pertaining to General Plan Amendment GPA-4-03, became legally effective and (2) a minimum of 30 days has passed since adoption of
the ordinance. IHEREBY CERTIFY that the foregoing ordinance was introduced and read at aregular meeting ofthe City Council oftheCity of Redding on the__ day of ., 2005, and was duly read and adopted ataregular meeting of the City Council on the __ day of ., 2005, bythe
following
vote:

AYES:

NOES:

ABSENT: ABSTAIN:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMiBERS:

COUNCIL
MEMiBERS: Attest: JOHN R.

MATHENA, Mayor
Form Approved:CONNIE STROHMAYER, City Clerk RICHARD A. DUVERNAY, City
Attorney 6-6-05
PROJ\ ORD\DevAgr-ShastinaRanch- DD.wpd Shastina Ranch
Packet Pg. 141 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8)

RECORDING REQUESTED BY

CITY OF REDDING
Exempt fi.om Recording Fees
Pursuant to Government Code
Section 27383 - Benefits City)AND
WHEN RECORDED MAIL TO:CITY

CLERK CITY
OF REDDING 777

CYPRESS AVENUE REDDING,
CALIFORNIA 96001 SPACE

ABOVE THIS LINE FOR RECORDER'SUSE DEVELOPMENT

AGREEMENT BYAND BETWEEN THE CITY
OF REDDING AND Shastina
Ranch Development Company Inc.RELATIVE
TOTHE DEVELOPMENT KNOWN ASShastina
Ranch Tentative Subdivision Map S-7-03 and Planned Development PD-5-04 THIS DEVELOPMENT AGREEMENT ( the "Agreement") is entered into this __ day of2005 ( the "Effi~ ctive Date"), by and between Shastina Ranch Development Company Inc., a California Corporation (" Developer"), and the City of Redding, a municipal corporation, (" City"), pursuant:
5 to the authority of Sections65864 through 65869.
of the Government Code of the
State
of California. RECITALS: A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic riskof development, the Legislature of the State of California adopted Section 65;864 et seq. ofthe California Government Code (the "
Development Agreement Statute").B. The Development Agreement Statute authorizes the City to enter into aproperty development agreement with any person having alegal or equitable interest in real property for the development of such real property inorder toestablish certain development rights in
the real property.C. ThisAgreement is voluntarily entered into in consideration of the benefits to and therights and obligations of the parties on the basis of thefacts cited herein, understanding and intentions of the parties and in reliance upon the various representations and warranties contained herein.Shastina
Ranch Development .
4greement ATTAllHMENT" A" Packet Pg. 142 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) D. Developer is a Corporation organized under the laws of the State of California and is in good standing thereunder.

E. Developer Owns in fee that certain parcel(s) of land ( the "Project Site")as more specifically described in Exhibits "B" and "C" attached hereto.

F. Developer intends to develop the Project Site as Tentative Subdivision Map S-7- 03 and Planned Development PD-5-04, Shastina
Ranch Subdivision/Planned Development, creating 446 single- family residential homes. The project also includes General Plan Amendment
GPA- 4-03and Rezoning RZ-8-03 (the "Project").G. The Project Site is located in the City and
consists ofatotal of approximately 224 acres of land.H. The Project Site is generally located one-half mile
south of Rancho Road, lying on both sides of Clover Creek.I. The Project would result in GeneralPlan land use designationson which the Project islocated of"Residential, 2to

3.5dwelling units per acre"; " General Industry"; and "Greenway" and zoning districts of "RS-3-PD'" Residential Single Family District with Planned Development Overlay District, "OS" Open Space District, and "GI" General Industry District. These General Plan and Zoning land use classifications provide for the single- family residential homes and accessory uses thereto proposed by the Project. The
Project does not include aproposal for developmentofthe lands classified " General Industry." J. Developer seeks to comply with conditions of approval and develop the Subject Propertyin accordance with the land use policies and goals set forth in
the City'sGeneral Plan and with the terms and conditions of this Agreement.

K. Developer presently contemplates not to apply for density increases for the Project, and the City presently contemplates not to revise the maximum density and dwelling unit totals established by the Development Plan for the Project for the term
of this Agreement, thus ensuring that appropriate facilities and services are planned and implemented.

L. Pursuant to Section 65865 of the Development Agreement Statute, a City may establish procedures and requirements tbrthe consideration of development agreements. The City, by adopting Redding Municipal Code Chapter 18.20, et seq. ( City Enacting Ordinance) adopted such procedures and requirements,
and the parties hereto desire toenter into such a development agreement pursuant thereto.M. The Application for this Agreement was considered bythe City at (a) duly noticed public heating(s) inaccordance with the Development Agreement Packet Pg. 143 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) N. For the reasons recited herein, the City has determined that the Project is a development for which this Agreement is appropriate under the Development Agreement Statute and City Enacting Ordinance.

O. This Agreement will eliminate uncertainty in planning for and securing orderly development of the Project Site, assure progressive installation ofnecessary improvements, provide public services appropriate to each stage ofdevelopment of the Project Site, ensure attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens, and otherwise achieve the goals', and purposes for which the Development Agreement Statue was enacted.

P. In exchange for the benefits to the City, contained herein, the City has taken or will take all actions required so that Developer may begin and consummate development of the Project, including the approval, adoption or issuance of necessary development permits, and the future ministerial approval of building plans and ministerial issuance of final maps, appropriate building permits, lot line adjustments, and other necessary or desired approvals and entitlements which are consistent with the development of the Project (collectively, the "Ministerial Approvals").

Q. In exchange for the benefits to City, Developer desires to receive the assurance that it may proceed with the Project in accordance with the existing land use ordinances, subject to the terms and conditions contained in this Agreement and to secure the benefits afforded Developer by Government Code Section 65865.3.

R. It is the intent of the parties that all acts referred to in this Agreement shall be accomplished in such a way as 'to fully comply with CEQA, the Development Agreement Statute, the City Enacting Ordinance and the New Development Permits.

S. The terms of this Agreement support the vital and best interests of the City by ensuring the development of the Project which will support the planned development of the City in an efficient and logical manner.

T. The City has an expressed interest in ensuring the provisions of regional and community level infrastructure and in pursuing the use of development agreements as a method whereby a level of assurance can be achieved concerning the service demands within planned communities so that long-range plans for needed infi' astrucmre can bedeveloped and implemented. U. This Agreement isre.adc and entered into inconsideration of the mutual covenants and in reliance upon the various representations and warranties contained herein. The parties acknowledge that, inreliance o:n the agreements, representations and warranties contained herein, Developer will take certain actions, including making substantial investments and expenditures of monies, relative to the Project Site and thedevelopment thereof. Shastina Ranch Development Agreement 3 June 23, Packet Pg. 144 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, and in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows:

AGREEMENT:

SECTION 1. GENERAL ACKNOWLEDGMENTS.

The parties acknowledge that: (a) the City, which has adopted a valid General Plan, has entered into this Agreement pursuant to the Development Agreement Legislation and its police power in order to address public health and safety and general welfare concerns including those relating to the amount, density, intensity and timing of development within the Subject Property and the need for public facilities and infrastructure in connection with the Subject Property and other property in the area; (b) there is a certain authority under the police power to address public health and safety concerns that cannot be legally relinquished or restricted by this Agreement and that such authority intended to be reserved and hereby is reserved to City hereunder, provided that to the extent possible it shall be construed as to provide Developer with the assurances intended by this Agreement; and (c) nothing herein shall be construed to limit or restrict the exercise by the City of its power of eminent domain.

SECTION 2. DEFINITIONS.

Reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term.

2.01 Approvals. Any anti all permits or approvals ofanykind or character required under the terms of this Agreement to dew,lop the Subject Property in the manner as described herein.

2.02 Building Ordinances. Those building standards, ofgeneral application and not imposed solely with respect to the Subject Property, in effect from time to time that govern building and construction standards, including, without limitation, the City's building, plumbing, electrical, mechanical, grading, swimming, pool, sign, and fire codes.

2.03 CEQA. CEQA means the California Environmental Quality Act, California Public Resources Code section 21000, et seq., and the State CEQA Guidelines, (California Code of Regulations, title 14, section 15;000, et seq.), as each is amended from time to time.

2.04 City. City of Redding, State of California.

2.05 Development. The subdivision or improvement of the Subject Property for purposes of constructing the structures, improvements and facilities comprising the Project including, without limitation: grading, the construction and installation of infrastructure and public facilities related to the Project whether located within or outside the Subject Property; the construction of structures and Shastina Ranch Development Agreement 4 June 23, 2005 Packet Pg. 145 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) building; and the installation of landscaping; but not including the maintenance, repair, reconstruction or redevelopment of any structures, improvements or facilities after the construction and completion thereof.

2.06 Development Agreement Legislation. Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date.

2.07 Development Approval(s). Site-specific permits and other entitlements to use of every kind and nature approved orgra~nted by the City inconnection with theDevelopment including, but not limited to: subdivision approvals (including tentative maps, vesting tentative maps, final maps,parcel maps and map waivers), development permits, conditional use permits, variances, oak tree permits, grading permits, building permits andoccupancy permits.2.08 Development Fees. All City adopted fees and monetary exactions that are designed to pay for new or expanded public facilities needed to serve, or to mitigate the adverse effects of, agiven development project and that are imposed by the City as acondition of approval of discretionary or ministerial permits for, or in connection with theimplementation of, that development project. The term "Development Fees" does not include processing fees and charges as described in this Agreement. The term "Development Fees" also does not include requirements that development be served by apublic utility even if that public utility imposes a capital improvement fee or similar charge asacondition ofproviding service. All development fees shall bedeposited in aseparate capital facilities account or fund in amanner to avoid any commingling of the fees with other revenues and funds of the local agency, and expend those fees solely for the purpose for which the fee was collected, pursuant to California Government Code Section 66006.2.09 Director. Development Services Department Director of the Cityof Redding.2.10 Enacting Ordinance. Ordinance
No. __ 2005, approving this
Agreement. enacted by theCity Council
on2.11 Exactions. All exactions, in-lieu fees or payments, dedication orreservation requirements, obligations foron-siteoroff-siteimprovements, construction requirements fi)r public improvements, facilities, or services called inconnection with the development ofor construction on theSubject Property, whether such requirements constitute subdivision improvements, mitigation measures inconnection with environmental review of any project, or impositions made under any applicable ordinance or in order to make aproject approval consistent with the land usepolicies ofthe
City's General Plan.2.12 Existing Land Use 'Ordinances. The Land Use Ordinances in effect as of the Effective
Dateof this Agreement. 2.13 General Plan. The City of Redding General Plan as duly adopted by theCity Council. Shastina Ranch Development Packet Pg. 146 Agreement Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8)

2.14 Land Use Ordinances. The ordinances, resolutions, codes, rules, regulations and official policies ofCity, governing the development of the Subject Property, including but not limited to, the permitted uses of land, the density and intensity of use of land, exactions, and the timing of development, all as applicable to the development of the Subject Property. Specifically, but without limiting the generality of the foregoing, Land Use Ordinances shall include the City's General Plan,
the Development Plan, the City'.,; Zoning Code and the City's Subdivision Code. The term Land Use Ordinances does not include Regulations relating to the following: the conduct of business, professions and occupations generally; taxes and assessments; the control and abatement of nuisances; encroachment and other permits and the conveyances ofrights and interests that provide for the use of or entry upon public property; and any exercise of fhe power of eminent domain.

2.15 Persons. As used herein, any reference to or use of the word "person" shall mean, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity.

2.16 Project. The Shastina Ranch Subdivision and Planned Development as described bythe City Council approval and accompanying exhibits ofTentative Subdivision Map ApplicationS7-03 and Planned Development Plan PD-5-04, associated amenities, and on-site and off-site improvements, contemplated by or embodied within the approval ofS-7-03 and PD-5-04, as the same may hereafter be further refined,
enhanced, or modified pursuant to the provisions of this Agreement.2.17 Regulations. Constitutions, statutes, City ordinances,
andcodes, City resolutions and official policiesofthe City.2.18 Subject Property. That real property described in
Exhibit "C" attached hereto a~nd made a part hereof. 2.19 Certain Other Terms. Certain other terms shall have
the meanings setforth
forsuch terms inthis Agreement. SECTION 3. GENERAL PROVISIONS.3.01 Property Description.

The legal description of the Subject Property is specifically set forth onExhibit " B" attached hereto and made apart hereof. 3. 02 Location of Subject Property. The Subject Property, consisting ofa total of approximately 230 acres, is located approximately one- half mile south of Rancho Road, lyingon both sides of Clover Creek, and is identified as Assessor's
ParcelNumbers 054-170- 002,054-170-003, and 054-510- 02 inthe City of Redding. 3. 03 Effective Date. This Agreement has been entered into by the parties asofthe date and year first above- written, and shall be effective asof such date ("Effective Date"); provided, however, thatifa referendum election isPacket Pg. 147 duly Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) is disapproved, this Agreement shall be null and void as of the date of the final declaration by the City Council of the disapproval by the referendum election of the Enacting Ordinance.

3.04 Term. The term of this Agreement shall commence upon the Effective Date and shall extend six years thereafter, unless said term is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties. Subject to the approval of the City Council, the term of this Agreement may be extended in one-year increments up to the build- out of the Project to atotal Agreement period often (10) years. Extensions of the term ofthis Agreement beyond the sixth year may be granted upon the mutual agreement of the City and the Developer and subject to the written request of either party. This Agreement may be amended by mutual consent of the City andthe Developer to extend the term of the Agreement beyond ten years to coincide with the term of Tentative Subdivision MapS-7- 03, asdetermined by Chapter 17.24of the Redding Municipal Code and/or Section 66452.6 of the State Subdivision Map Act. The City and the Developer agree that the term of this Agreement is necessary inorder topermit the orderly and
planneddevelopment ofthe Project.3.05 Expiration of Term. Following the expiration of said term, this Agreement shall be deemed terminated and of no further force and effect without of
theneed
further action (i.e.,
documentation) of the parties hereto.3.06 Time is of the essence. Time isofthe essence of this Agreement and of each and
everyterm and condition hereof.3.07 Enforceability of Agreement. City and Developer agree that unless this Agreement is amended orterminated pursuant tothe provisions of this Agreement, this Agreement shall be enforceable byandparty hereto notwithstanding anychange hereafter inany applicable general plan,specific plan, zoning ordinance, subdivision ordinance, the Existing Rules or anyotherlanduse ordinancesor building ordinances, resolutionsor ordinances or other regulations adopted by the City which changes, altersor amends, the Existing Rules applicable tothe development of the Project Site atthe time ofthe approval of this Agreement as provided by Government Code Sections 65866 and 65867.5. This Agreement shall not prevent the City in subsequent actions pertaining tothe Project Site from applying new rules, regulations, and policies which do not conflict with those rules,regulations, and policies presently applicable tothe Project Site.

This Agreement also shall not prevent City from denying or conditionally approving any subsequent development project application byathird party not a successor- in-interest hereto on the basis of such
existing or new rules, regulations and policies. 3.08 Further Assurances. Each party shall execute and deliver tothe other all such other further instruments and documents as may bereasonably necessary to carry out this Agreement in order to provide and secure tothe other party the full and complete
enjoyment ofitsrights and privileges hereunder.Packet Pg. 148 Shastina Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8)

3.09 Singular and Plural; Gender. As used herein, and except where the context requires otherwise, the singular of any word includes the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and vice versa.

3.10 Covenants Run With The Land. All of the terms, provisions, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors, and assigns, and all ,other persons or entities acquiring all or any portion of the Subject Property, or any interest therein, whether by operation of law or in any manner whatsoever, and the rights thereof shall inure to the benefit of such parties and their respective heirs, successors and assigns.

3.11 Enforcement of Covenants. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including but not limited to, Section 1468 of the Civil Code of the State of California.

3.12 Constructive Notice. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Project or the Subject Property is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Subject Property.

SECTION 4. GENERAL DEVELOPMENT OF THE PROPERTY.

4.01 Project. The Project is defined and described in the City Council approval of Tentative 5-
Subdivision Map Application S-7-03 and Planned Development Plan PD04, Shastina Ranch Subdivision/ Planned Development, which specifies all the following aspects of the Project: i) proposed uses ofthe Subject Property, (ii) provision ofpublic services and infrastructure supporting development of the Project, ( iii) density and intensity of use of the property, (iv)provision of Project design features and amenities , and ( v) requirements forreservation or dedication of portions ofthe Suhject Property for public purposes.4.02 General Development. Any development ofthe Project on the Project Site shall be conducted in accordance with the terms andconditions ofthis Agreement.4.03 Permitted Uses. The permitted uses ofthe Project Site, the density and intensity of use,the maximum heightandsize of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements, and other terms and conditions of development applicable to the Project Site shall be those set forth in the approved Tentative Subdivision Map S-7-03
and Planned Development Plan PD-5-
04, Shastina Ranch Subdivision/ Planned Development, subject tothe following: 1) Conditions of Approval for approved Tentative Subdivision MapS-7-
03 and Planned Development Plan PD-5-04, Packet Pg. 149 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) 2) Mitigation Requirements as set forth in Environmental Impact Report EIR-1- 03 for Tentative Subdivision map Application S-7-
03, Shastina Ranch Subdivision. 3) As setforth in this Agreement or as otherwise set forth in applicable laws,
ordinances,rules or regulations. 4.04 Future Approvals. The City hereby agrees that land uses set forthin the New Development Permits are approved or will be approved pursuant to the terms of this Agreement,provided that Developer satisfactorily complies with all preliminary procedures, actions, payments and criteria applicable as of the effective date ofthis Agreement and generally required of developers bythe City for processing applications for developments at such time. City agrees to grant and implement the necessary land use, zoning, site plan or subdivision approvals and to grant other approvals and permits, including the Ministerial Approvals, that will accomplish or facilitate development of the Project Site for the uses and tothe densityor intensity of development described and shown in the New Development Permits and/ or this Agreement pursuant to those rules, regulation policies and conditions in force on the effective date ofthis Agreement.4.05 Applicable Rules, Regulations and Official Policies.

Except as otherwise provided inthis Agreement, the rules, regulations, official policies, and conditions of approval governing the permitted uses ofthe Project Site, the density or intensityof use, and the design, improvement, construction, building andoccupancy standards and specifications applicable tothe Project and the Project Site shall be those in force ontheeffective date this Agreement (" Existing Rules"). The City shall have the right to impose reasonable conditions inconnection with such subsequent discretionary permit actions which are not deemed Ministerial Approvals, but such conditions andactions shall not prevent development of the Project as contemplated bythis Agreement andthe Development Permits, orplace burdensome or restrictive measures on Developer in connection with
thedevelopment ofthe Project.4.06 Amendment to Applicable Ordinances. Inthe event the City Zoning Code is amended bythe City ina manner which ,.provides more favorable site development standards than those in effect asof the Effective Date, Developer shall have the right to notify City in writing ofits desire to be subject to the new standards for the remaining term of this Agreement. If City agrees, by resolution of the City Council or by action ofa City official whom
the City Council may designate, such new standards shall become applicable tothe Subject property. Should City thereafter amend such new standards, upon theeffective date of such amendment, the original new standards shall have no further application to t]he Subject Property, but Developer may notify City and City may agree by resolution to apply such amended newstandards tothe Property.4.07 Application of New Rules, Regulations and Policies.

This Agreement shall not prevent City in subsequent actions applicable tothe Subject Property from applying new rules, regulations and policies which donot conflict with thoserules, regulations, and policies applicable to the Subject Property and set forth herein; nor shall this Agreement prevent Cityfrom denying orconditionally approving any subsequent development project application onthe basisof such existing or
new rules,regulations, and policies. Shastina Ranch Packet Pg. 150 Development Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8)

4.09 Approval of Subsequent Tentative and Final Maps. Although the Existing Land Use Ordinances shall determine the standards for granting or withholding approval of Tentative, Vesting Tentative and Final Tract Maps and Vesting Tentative and Tentative Final Parcel Maps, the procedures for processing approval of all such Maps shall be governed by such ordinances and regulations as may then be applicable.

4.10 Changes in State and Federal Rules and Regulations. Nothing in this Agreement shall preclude the application to the development of the Subject Property of changes in the City's laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in state or federal laws or regulations as provided in Government Code Section 65869.5.

4.11 Processing Fees. This Agreement shall not be construed to limit the authority of the City to charge processing fees for l[and use approvals, building permits or other similar permits or entitlements which are in force and effect on a citywide basis at the time application is made for such permits or entitlements.

4.12 Development Fees. This Agreement shall not be construed to limit the authority of the City to charge development impact fees in effect at the time of application for land use approvals, building permits, or other similar permits or entitlements which are in force and effect on a citywide basis at the time application is made for such permits or entitlements.

SECTION 5. PERIODIC REVIEW.

City shall conduct a review of this Agreement as set forth in the following subsections.

5.01 Annual Review. City shall review the extent of good faith compliance by Developer with the terms of this Agreement at least once every 12-month period from the Effective Date of this
Agreement.5.02 Procedure. Such manual review shall be conducted inaccordance with theCity's duly adopted Development Agreement
Procedures.5.03 Notice. City shall notify Developer in writing of the date of review at least thirty ( 30)days prior
thereto.5.04 Good- Faith Compliance. During each annual review, Developer is required todemonstrate good faith compliance with the terms of thisAgreement. 5.05 Production of Documents and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as the City, inthe exercise ofits reasonable discretion,
mayrequire. 5.06 Costof Annual Review. The costs incurred by City in connection with the annual review shall be borne
by Developer. Shastina Ranch Development Agreement 10 June Packet Pg. 151 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) SECTION 6. OBLIGATIONS OF AND CONTRIBUTIONS BY DEVELOPER.

6.01 Contributions. In consideration of City entering into this Agreement, Developer has agreed to comply with the applicable provisions ofapproved Tentative Subdivision MapS-7- 03 and Planned Development Plan PD-5-04, Shastina
Ranch SubdivisionfPlanned Development, in developing the Project and to perform certain obligations and provide certain contributions set forth therein, which City acknowledges will haVe an overall benefit tothe public and surrounding area,including
but not limited to:1) Comply with all conditions of approval of Tentative Subdivision MapS-7-03 and Planned Development PD5- 04, Shastina Ranch Subdivision/ Planned Development ( Exhibit " D").2) Prior to issuance of an entitlement for further division, development, or use ofthe industrial Parcel "A," as identified by the approved tentative map of the Shastina Ranch Subdivision, the applicant, owner, or successor in interest shall, inconsultation with theCity, prepare aproject studyreport todetermine preliminary construction design and the appropriate Shastina Ranch project share of the cost ofthe following improvements: Determination of an alignment and widening to afour-lane arterial standard the section of Chum Creek Road between South Bonnyview Road and Rancho Road,including reconstruction ofthe Chum Creek bridge as necessary.

Realignment/ reconstruction of the intersections ofVictor Avenue and Rancho Road with Chum Creek Road to provide adequate traffic control and turn lanes. Placement ofatraffic signal at the intersection of Rancho Road and Alta Mesa Drive. The Shastina Ranch pro rata share shall be paid, or a funding mechanism approved by the City, prior to issuance of an
entitlement for further division, development, or use of industrial Parcel "A."3) Dedicate land, design, engineer, obtain permits, andconstructapublic park.4) Dedicate land, design, engineer, obtain permits, and construct a public trail system within the Clover Creek open space, encompassed by the Shastina Ranch project and City-owned land adjacent tothe north Trail improvements on the City property
shall include adrinking fountain, benches, picnic tables, trash receptacles, and signage.5) Public park and trail improvements shall be constructed and maintained in substantial conformance with the exhibits and
schedule contained inExhibit " A." 6) Dedicate land Packet Pg. 152 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8)

6.02 Nexus/Reasonable iRelationship Challenges. The Developer consents to, and waives any rights it may have now or in the future tochallenge thc legal validity of, the conditions, requirements, policiesorprograms required by theExisting Land Use Regulations or this Agreement including, without limitation, any claim that they constitute an abuse of thc police power, violate substantive due process, deny equal protection of the laws, effect ataking of property without payment of just compensation,, or impose an unlawful tax. In the event any other party may challenge thc legal validity of such conditions, requirements, policies or programs required by the Existing Land Usc Regulations and/orthis Agreement, Developer specifically waives any right it may have to modification of any termsofthis Agreement based on the results ofany such challenge by any
otherparty.6.03 Cooperation By Developer. Developer will, inatimely manner, provide City withall documents, applications, plans and other information necessary for City to carry out its obligations hereunder, andcause Developer's planners, engineers, and all other consultants to submit in atimely manner all required materials and
documents therefore. 6.04Other Governmental Permits. Developer shall apply for and secure ina timely manner such other permits and approvals fromother governmentalorquasigovernmental agencies having jurisdiction over the Subject Property or any off-site property as maybe required for the development of, or provision of
servicesto, the Project. 6.05 Reimbursement for City'sEfforts on Behalf of Developer. To the extent that City,on behalf of Developer, attempts to enter into binding agreements with other entities in orderto ensure the availability of certain permits andapprovals or services necessary for development ofthe Project as described in this Agreement, Developer shall reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreement. Any fees, assessments or other amounts payable by City pursuant to any such agreement described herein shallbc borne by Developer except where Developer has notified City in writing, prior to City entering into such agreement, that it does not desire for City toexecute suchagreement. 6.06 City'sEfforts toDefend and/or Enforce Multi Agency Agreements. Developer shall defend City inany challenge byany person to any such agreement, and shall reimburse City for any costs and expenses incurred by City inenforcing any such agreement.

SECTION 7. OBLIGATIONS OF CITY.In consideration of Developer entering into this Agreement, City has agreed to the following with respect tothe
developmentof the Project
Site: 7.01 City Obligations.1) Approve General Plan Amendment Application
GPA-4-03and Rezoning Application RZ-8- Packet Pg. 153 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) 2) Credit the Developer for the costs associated with the design and construction of a public park through credits to the City in-lieu park fee and park development fee obligation. ( No credit shall begranted for environmental analysis, securing of permits from any agency other than the City, or for any portion of the Clover Creek trail located outside the park.) Fee credit shall be processed inaccordance with Exhibit "A," Park Development and Park Facilities Impact Fee Credit Agreement. 3) Allow use ofCity-owned land identified as Assessor' sParcel No. 054- 510- 026to satisfy the project'srequirements for constructing Shasta View Drive and public trail improvements. 4) If deemed appropriate bythe City's Development Services Director, allow use of City-owned land identified as Assessor' s Parcel No. 054-510- 026 for the end ofacul-de-sacstreet (Street P") to achieve efficient lot configuration and enhance public access to the public trail. 5) Allow use of aportion ofthe public park for the project'sstorm- water detention requirements upon a demonstration of conformance to the design standards contained in Exhibit "A"and as approved by
the City' Development Services Department and Community Services Department. 6) Reimburse and/ or creditthe Developer' s
costs expended in excess of the project' s calculated pro rata share for costs associated with off-site traffic circulation improvements constructed asa requirement ofProject development under any of the following three scenarios: The City' s
Capital Improvement Plan is amended to include said improvements, or any element thereof, as being funded by the Citywide Transportation Development Impact Fee. Reimbursement shall be administered inconformance substantial with,and subject to, the provisionsof Section 16.20.150, Credit
and Reimbursement for Construction of Facilities, of the Redding Municipal Code.

TheCity adopts, a "Reimbursement
Ordinance" under which the off-sitetraffic- circulation improvements would be eligible. The City establis, hesaspecific Traffic
Benefit Zone under which the off-site traffic- circulationimprovements would be eligible.7) Reimburse and/ or credit the Developer above the project's calculated pro rata share for the costs associated with oversiizing water and utility lines toallow extension of service toother properties and in accordance with the City Master Water Plan and Master Sewer Plan. Actual labor costs of
improvements to be eligible forreimbursement/ credit shall be as determined by the City Engineer. 7.02Processing. Upon satisfactory completion by Developer ofallrequired preliminary actions and payments of appropriate processing fees, if any, City shall promptly commence and diligently proceed to complete all required steps Packet Pg. 154 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) and the development by Devek)per of the Project Site in accordance with, but not limited to, the following:
1) The holding of all required public hearings; and
2) The processing and approval ofall Ministerial Approvals and related matters as necessary for the completion of the development of the Project. In this regard, Developer will, in a timely
manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereund, er as required by the Existing Rules and shall cause Developer'splanners, engineers and all other consultants to submit in a timely manner all required materials and documents therefore as required by the Existing Rules.

7.03 Standard of Review. The rules, regulations and policies that apply to any Ministerial Approvals which must be secured prior to the construction of any portion of the Project shall be the Existing Rules. Any Ministerial Approval, including without limitation a building permit, shall be approved by the City within a reasonable period of time after application is made therefore.

7.04 Contract Services. Ifrequested by Developer, at Developer's expense, City shall obtain outside contractual services as necessary to ensure prompt processing of all development approvals.

SECTION 8. AMENDMENTS.

8.01 Amendment by Mutual Consent. This Agreement may be amended from time to time by mutual consent of the original parties or their successors in interest, with City's costs payable by amendment applicants, in accordance with the provisions of Government Code Section 65867 and 65868 and provided that the amendment of this Agreement shall follow the City's adopted procedures and requirements for the consideration of development agreements.

8.02 Amendment Exemptions. Any amendment of the City's land use regulations that, pursuant to this Agreement, is applicable to the property, including, but not limited to, an amendment to the General Plan and zoning ordinances, shall not require an amendment to this Agreement.

Instead, any such amendment shall be deemed to be incorporated into this Agreement at the time that such amendment is approved.

8.03 Amendment of Development Permits. Upon the written request of Developer, the Shastina Ranch tentative map approval (S~7-03) and Planned Development Plan (PD-5- 04) may from time totime be amended or modified in the manner set forth in this Agreement and applicable State
and City laws.SECTION 9.

TRANSFERSAND ASSIGNMENTS.9.01City'sIntent. Developer has demonstrated, and theCityfinds that Developer possesses,the experience, reputation and financial resources todevelop and maintain the Subject Property inthe manner contemplated by this Agreement. It is because of such qualifications, which ensure theShastina Ranch Development Agreement 14 Packet Pg. 155 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) development of the Subject Property to a high quality standard contemplated by the General Plan that the Cityis entering into this Agreement. Accordingly, restrictions on the right ofDeveloper to assign or transfer the rights and privileges contained in this Agreement are necessary in order to ensure the achievement of the objectives of the City's
General Plan and this Agreement.

9.02 Developer's Right to Assign or Transfer. Developer may assign or transfer any of its rights or interests under this Agreement subject to consent of City.

9.03 Restriction on Assignment Does Not Constitute an Unreasonable Restraint on Alienation. Developer agrees that the restriction on its right to transfer any of its rights or interests under this Agreement is not repugnant or unreasonable in that such a restriction is a material inducement to the City to enter into this Agreement since the restriction reserves for the City the power to prevent the transfer of any of the rights and obligations hereunder to an unreliable developer.

9.04 Restriction on Assignment Shall Not Prevent Developer From Conveying the Subject Property. The parties agree that the restriction on assignment without consent is limited solely to those certain vested rights created under this Agreement and such restriction shall not affect Developer'sright to convey the Subject Property itself.

9.05 Request Procedure. City shall administer the provisions of this Section through its Development Services Department Director. Developer shall notify the Director and the City Manager in writing of its request for City's consent to an assignment or transfer under this Section, together with a statement that if the Director does not notify Developer within forty-five (45) daysof receipt of the request, the request will be deemed approved.9.0645-Day Period. Ifwithin such 45-day period the Director doesnot so notify Developer, the request for consent shall automatically be deemed approved and no further action by Developer or the City shall be necessary. Ifwithin such 45-day period the Director notifies Developer that' the request will be considered and acted upon by City, Developer shall furnish such additional information asthe Director may reasonably request at the time of such notice, and City shall proceed to consider andact upon the Developer's request for City'sconsent to the proposed assignment or transfer. Failure by the City to .act within thirty (30) days of giving such notice orof receiving the additional requested information shall automatically be deemed an approvalof the request.9.07 City Council Approval. In the event the Director determines that the assignment or transfer should be acted upon by the City Council, and the Director so notifies Developer within fifteen (15) days of giving the notice orreceiving the information described herein, the matter shall be referred to the City Council. The City Council shall have forty- five (45) days from the date of such notice toapprove ordeny the requested transfer or assignment. Failure of City to act within the forty-five (45) day period shall automatically be deemed an approval of the request.9.08Assignment. The management control and responsibility of Developer and the expertise,competence, and financial strength of Developer are integral components ofthe consideration for ShastinaPacket Pg. 156 Ranch Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) City entering into this Agreement. In order to preserve such consideration for City and for City to receive full value, the parties ihereto agree that the occurrence of any of the following events constitute, for purposes of this provision, an assignment:
1) A change in the composition ofownership interests in and control ofDeveloper, the result of which diminishes Developer's ownership interest to less than twenty percent (20%). 2) A change in the composition ofownership interests in and control of the Subject Property such that Developer's equity in the Subject Property is reduced to less than fifty-one percent ( 51%). 909Minor Assignments. Thefollowing transfers shall be considered minor assignunents which shall not besubject to this Section:
none.9.10 Notice ofProposed ,Assignment. Developer must provide City withadequate evidence that the proposed assignee, buyer or transferee is qualified using the standards and conditions described in this Section, and ability tocomply with these standards and conditions will be the testof
reasonableness.9.11 Conditions and Standards. The conditions and standards referred to above are as
follows: 1) Such assignee ortransferee possesses theexperience, reputation and financial resources tocause the Subject Property to bedeveloped and maintained in themanner contemplated by theCity's General Plan and this
Agreement; 2) Such assignee ortransferee enters into awritten assumption agreement, in form and content satisfactory to the City Attorney, expressly assuming and agreeing to be bound by theprovisions of this
Agreement; 3) Such assignment ortransfer will notimpair theability of City to achieve the objectives of its general Plan and this
Agreement; 4) Good cause exists for Developer to make suchassignment or transfer. For purposes of this subsection, good cause shall include but is not limited to such causes as business reorganizations, financing arrangements for thedevelopment of the Subject Property, and exigentcircumstances. creating the need togenerate capital to offset material business losses.9.12 Financing Exemption. Mortgages, deeds of trust, sales and lease- backs, or other formsof conveyance required forany reasonable methodoffinancing requiring asecurity arrangement with respect tothe Subject Property are permitted without the consent of the City, provided the City receives prior notice ofsuch fimmcing ( including the name and address of the lender and the person or entities acquiring any such secured interest) and Developer retains the legal and equitable interest Shastina Ranch Development Agreement 16 June Packet Pg. 157 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) in the Subject Property and remains fully responsible hereunder. The words "mortgage" and "deed of trust," as used herein, include all other appropriate modes of financing real estate acquisition, construction and land development.

9.13 Notice of Assignment. Upon receiving approval of an assignment, Developer shall provide City with written notice of such assignment and as part of such notice the assignee must execute and deliver to City an assumption agreement in which the name and address of the assignee is set forth and the assignee expressly and unconditionally assumes the obligations of all the provisions set forth in the Agreement.

9.14 Unapproved Assignments. If City reasonably makes the determination not to consent to the assignment or transfer of the rights and privileges contained in this Agreement, and Developer conveys the Subject Property to a third party, in whole or in part, Developer shall remain liable and responsible for all of the duties and obligations of this Agreement.

9.15 Notice of Sale of Subject Property. Developer shall give written notice to the city, within ten (10) days after close of escrow, of any sale or transfer of any portion of the Subject Property, specifying the name or names ofthe purchaser, the purchaser'smailing address, the amount and location of the land sold or transferred, and the name and address of a single person or entity to whom any notice relating to this Agreement shall be given.

SECTION 10. DELAY'SIN PERFORMANCE.

10.01 Permitted Delays. In addition to any other provisions of this Agreement with respect to delay, Developer and City shall be excused for performance of their obligations hereunder during any period of delay caused by acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to orprevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other party, or restrictions imposed or mandated by governmental orquasi-governmental entities, enactment of conflicting provisions of the Constitution or laws of the United States of America or the State of California or any codes, statutes, regulations or executive mandates promulgated thereunder.10. 02 Third Party Actions. Any court action or proceeding brought by any third party tochallenge this Agreement, or any other permit or approval required from City or any other governmental entity for developmentor construction of all orany portion of the Project, whether ornot Developer isaparty to or real party in interest in such action or proceeding, shall constitute aPermitted Delay under this
Section.10. 03 Notice ofPermitted Delays. If written notice of such delay is given to either party within (30) days of thecommencement of such delay, an extension of time for such cause shall begranted in writing for the period of the enforced delay, orlonger as may be mutually agreed upon.Shastina Ranch Development Agreement 17 dune Packet Pg. 158 23, Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) SECTION 11. DEFAULT.

11.01 Events of Default. Subject to any extensions of time by mutual consent in writing, and subject to the provisions of the Section regarding Permitted Delays, the failure or unreasonable delay by either party to perform any material term or provision of this Agreement for a period of thirty (30) days aRer the dispatch of a written notice of default from the other party shall constitute a default under this Agreement. If the nature of the alleged default is such that it cannot reasonably be cured within such 30-day period, thecommencement of the cure within such time period and thediligent prosecution tocompletion of the cure shall be deemed a cure within such period.11. 02 Notice of Default. Any Notice of Default given hereunder shall specify indetail the nature of the alleged Event of Default and the manner in which such Event of Default may besatisfactorily. cured inaccordance with the terms and conditions of this Agreement.11. 03 Cure Period. During the time periods herein specified for cure of an Event of Default, the party charged therewith shall not be considered to be in default for purposes oftermination of this Agreement, institution oflegal proceedings with respect thereto, orissuance ofany building permit with respect to the
Project.11. 04 General Default Remedies. After notice and expiration of the 30- day period without cure, the non- defaulting party shall have such rights and remedies against the defaulting party as it may have at law orin equity, including, but not limited to, the right toterminate this Agreement pursuant to Goverrmaent Code Section 65868 orseek mandamus, specific performance,injunctive
ordeclaratory relief.11.05 Remedies Cumulative. Any rights or remedies available to non-defaulting party under this Agreement and any other rights or remedies that such party may have at law or in equity upon a
default by the other party under this Agreement shall be distinct, separate and cumulative rights and remedies available to such non- defaulting party and none of such rights orremedies, whetherornot exercised by the non- defaulting party, shall be deemed to exclude any other rights or remedies available to the non- defaulting party.

The non-defaulting party may, in its discretion, exercise any and all of itsrights and remedies, at once or in succession, at such time
ortimes as the non-defaulting party considers appropriate. 11.06 Legal Action. Either party may, inaddition to any other rights orremedies, institute legal action tocure, correct orremedy adefault, enforce anycovenant or agreement herein, enjoin anythreatened or attempted violation hereof, or enforce by specific
performancethe obligations and rightsofthe parties hereto.11.07 No Damages Relief Against City. The parties acknowledge that City would not have entered into this Agreement had it been exposed to damage claims from Developer for any breach thereof. As such, the parties agree that innoevent shall Developer be entitled to
recover damages againstCity for breach of Packet Pg. 159 this Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8)

11.08 Developer Default. No building permit shall be issued or building permit application accepted for any structure on the Subject Property after Developer is determined by City, to be in default of the terms and conditions of this Agreement, and until such default thereafter is cured by the Developer or is waived by City.

11.09 Waiver. All waivers must be in writing to be effective orbinding upon the waiving party, and no waiver shall be implied fi.om any omission by a party to take any action with respect to such Event of Default. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance by such other party in the future.

11.10 Scope of Waiver. No express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period of time specified in such express waiver.

11.11 Attorneys' Fees. Should legal action be brought by the City for breach of this Agreement or to enforce any provision herein, the City ifit is the prevailing party of such action shall be entitled to reasonable attorneys fees, court costs and such other costs as may be fixed by the court.

Reasonable attorneys' fees ofthe City Attorney'sOffice shall be based on comparable fees or private attorneys practicing in Shasta County.

11.12 Venue. In the event that suit shall be brought by either party to this contract, the parties agree that venue shall be exclusively vested in the State courts of the County of Shasta or where appropriate, in the United States District Court, Eastern District of California, Sacramento, California.

SECTION 12. TERMINATION.

12.01 Effect of Termination. Upon termination of this Agreement, the rights, duties and obligations of the parties hereunder shall, subject to the following provisions, cease as of the date of such termination.

12.02 Termination by City. If City terminates this Agreement because of Developer's default, then City shall retain any and all benefits, including money or land received by City hereunder.

SECTION 13. RELATIONSHIP OF PARTIES.

13.01 Project as a Priivate Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project Site is a separately undertaken private development.

13.02 Independent Contractors. The parties agree that the Project is a private development and that neither party is acting as the agent of the other in any respect hereunder.

Shastina Ranch Development Agreement 19 dune 23, 2005 Packet Pg. 160 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8)

13.03 No Joint Venture or Partnership. City and Developer hereby renounce the existence of any form ofjoint venture orpartnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developer joint venturers or partners.

13.04 No Third Party Beneficiaries. The only parties to this Agreement are Developer and City. There are no third par~y
beneficiaries and this Agreement is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever.

13.05 Ambiguities or Uncertainties. The parties hereto have mutually negotiated the terms and conditions of this Development Agreement and this has resulted in a product of the joint drafting efforts of both parties. Neither party is solely or independently responsible for the preparation or form of this agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of either party.

SECTION 14. APPLICABLE LAW.

This Agreement shall be construed and enforced in accordance with the laws of the State of Califomia.

SECTION 15. SUPERSEDURE OF SUBSEQUENT LAWS OF JUDICIAL ACTION.

The provisions ofthis Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with any new law or decision issued by a court of competent jurisdiction, enacted or made after the effective date which prevents or precludes compliance with one or more provisions ofthis Agreement. Itnmediately after enactment of any such new law, or issuance of such decision, the parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement.

SECTION 16. COOPERATION IN THE EVENT OF LEGAL CHALLENGE.

In the event of any legal or equitable action or other proceeding instituted by any third party including a governmental entity or official) challenging the validity of any provision of this Agreement or the Potential Subsequent Development Approvals, should any be obtained, the parties hereby agree to cooperate in defending said action or proceeding.

SECTION 17. HOLD HARMLESS AGREEMENT.

Developer hereby agrees to, and shall defend, save and hold City and its elected and appointed boards, commissions, officers, agents, and employees harmless from, any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer's or Developer'scontractors', subcontractors', agents or employees' operations under this Shastina Ranch Development Agreement 20 June 23, 2005 Packet Pg. 161 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Agreement, whether such negligent operations be by Developer orby any ofDeveloper'scontractors, subcontractors, agents or employees.

SECTION 18. INDEMNIFICATION.

Developer shall defend, indemnify and hold harmless City and its agents, officers and employees against and from any and all liabilities, demands, claims, actions orproceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement; (ii) the environmental impact report prepared in connection with the adoption of the Project; and (iii) the proceedings undertaken in connection with the adoption or approval of any of the above.

SECTION 19. NOTICES.

Any notice or communication required hereunder between City or Developer shall be in writing, and may be given either personally or by registered mail, return-receipt requested.

Notice, whether given byregistered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto,designate any other address insubstitution of the address to which such notice or communication shall be given. Such noticesor communications shall begiven to the parties at their addresses set forth
below: To
City:City
Manager Cityof
Redding 777 Cypress
Avenue Redding, Califomia
96001 To
Developer: Shastina Ranch Developrnent Company
Inc.2970 Innsbruck
Drive Redding, California
96003 SECTION 20.

EXHIBITS.20. 01 Designation of Exhibits. The reference to aspecified Exhibit in this Agreement isareference to acertain one of the exhibits listed below, as determined by theaccompanying letter
designation. Shastina Ranch Development Agreement 21 June 23, Packet Pg. 162 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Exhibit
Designation Description
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Park Development and Park Facilities Impact Fee Credit Agreement Project location map
Project legal description
Shastina Ranch tentative map conditions

20.02 Incorporation by Reference. All exhibits are deemed incorporated by reference into this Agreement.

SECTION 21. SEVERABILITY.

If any term, provision, covenant or condition of this Agreement is held by a court of competent, jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

SECTION 22. RECORDATION.

In order to comply with Section 65868.5 of the Development Agreement Statute and Section of the City Enacting Ordinance, the parties do hereby direct the City Manager to cause a copy of this Agreement to be recorded with the County Recorder of the County, within ten (10) days after passage by the City of the ordinance approving this Agreement.

SECTION 23. ENTIRE AGREEMENT.

This Agreement and the Exhibits attached hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement and the Exhibits hereto,' any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto.

SECTION 24. INTERPRETATION OF AGREEMENT.

Each Party hereto declares and represents that in entering into this Agreement, it has relied and is relying solely upon its own judgment, belief, and knowledge of the nature, extent, effect, and consequence relating thereto. Each Party further declares and represents that this Agreement is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent, or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by cottnsel with respect to the negotiations, terms, and conditions of this Agreement and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties. Accordingly, no party Shastina Ranch Development Agreement 22 June 23, 2005 Packet Pg. 163 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) shall be deemed to have been tlae drafter hereof, and the principle of law set forth in Civil Code 1654 that contracts are construed against the drafter shall not apply.

SECTION 25. COUNTERPARTS.

This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.

Executed at Redding, California on
IN WITNESS WItEREOF, the parties hereto have caused this AGREEMENT to be executed as of the dates written above.

CiTY OF REDDING DEVELOPER * see notes below
By By
John R. Mathena, Mayor Jeb Allen, Vice President
Shastina Ranch Development Company, Inc.

DEVELOPER
By
Brent Day, Treasurer
Shasfina Ranch Development Company, Inc.

FORM APPROVED: ATTEST:

Richard A. Duvemay, City Attorney Connie Strohmayer, City Clerk Notes: Ifthe Developer is a Corporation, then this document must be executed by the Corporation's Chief Executive
Officer, President orVice-President, on the one hand, and the Corporations' Chief Financial Officer, Treasurer, Assistant Treasurer or Secretary on the other hand. Developer'ssignatUre must be notarized.
6-23-05Shastina PROJ\
Ranch/ShastinaRanchDevAgnnnt- Final-6..23- 05. wpd Shastina Ranch Packet Pg. 164 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) EXHIBIT "A"

PARK DEVELOPMENT
AND

PARK FACILITIES IMPACT FEE CREDIT AGREEMENT

BETWEEN THE CITY OF REDDING
AND SHASTINA RANCH DEVELOPMENT COMPANY INC.

This agreement, dated , 2005, is an attachment to the Development Agreement by and between Shastina Ranch Development Company Inc., a California Corporation (DEVELOPER), and the City of Redding, a Municipal Corporation (CITY), pursuant to the authority of State of California Government Code §§65864 through 65869.5.

RECITALS
This Agreement is entered into in recognition of both DEVELOPER's and CITY's obligations under the Shastina Ranch Development Agreement ("Development Agreement"), which this Exhibit is an attachment to.

Specifically, this Exhibit Agreement implements DEVELOPER's obligations under Section 6.01 (d) and CITY'sobligations under Section 7.01 (b) ofthe Development Agreement. This Exhibit Agreement also implements DEVELOPER'sobligations under Condition 76 of the approved tentative subdivision map for Shastina Ranch Subdivision Map S-7-03 and Planned
DevelopmentPD-5-04.NOW, THEREFORE, pursuant to the authority contained inthe Development Agreement Legislation, and inconsideration of the mutual covenants and promises ofthe parties herein contained, the
parties
agree as follows: AGREEMENT SECTION 1 OBLIGATIONS OF
ANDCONTRIBUTIONS BY DEVELOPER 1.01 Contributions. DEVELOPER agrees toperform allthenecessary tasks tocomplete a -acre park within the Shastina Ranch Subdivision, in the location shown on the approved tentative map.Said tasks shall include, as a minimum, the following:A. Provide an irrevocable offer of dedication for the park site with the recording of
the final subdivision map.B. Provide all design and engineering servicesnecessary to meet CITY' s design criteria and
to construct the park.C. Obtain all environmental clearances under the Califomia Environmental Quality Actand obtain all required permits necessary toconstruct the park.Park Development and Park Facilities Impact Fee Agreement, Packet Pg. 165 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) D. Construct all park improvements as detailed in Section 3 of this Exhibit Agreement. Park Improvements may be completed in up to four (4) phases, based on an approved final design, as follows: The approved final plan shall delineate the project phasing and list and quantify the detailed components to be included in each phase. The level of detail shall be adequate to establish accurate cost estimating and account for i[nflation. The phasing plan shall include estimated time fi.ames for each phase. Adjustments to the phasing plan may be made to address changes in the phasing of the subdivision that occur after the phasing plan is approved. These adjustments in the phasing plan are to be negotiated between DEVELOPER and staff and approved by the City Manager as an Addendum to this Agreement.

PHASE 1 The minimum improvements for Phase 1 shall consist of the following park elements, consistent with the approved final plan. Construction shall begin no later than the completion of the 80th home and be completed within 12 months:

1. Extend all utilities to the site to serve full buildout. Utility stubs will be extended to the approximate location of future-use areas based on theapproved final plan. 2. Complete final grading of the entire storm-drain detention/park site, including all
park surface-drainage elements 3. Hydroseeding disturbed areas for erosion control, except those areas described inthe items below, which will be provided with a permanent surface solution. 4. Irrigate and hydroseed the baseball and soccer active play fields using
the following minimum standards: Installanew irrigation system (using schedule 40 plastic pipe and Rainbird 70-05rotor irrigation heads and triple swing joint assembles, embedded
in sand backfill or equal]).bo The new playing field surface shall meet the following minimum standards: 6inches of top soil, rocks greater than 2inches shall be removed fi.om the top 6 inches ofthe playing surface. The hydroseed mix shall be aBermuda hybrid mix andrye artd include mulch, fertilizer, and seed inoculate. Thehydroseed mix shallbeapplied during July or August to ensure proper seed maturity and growth prior
to the fall dormant season.5. Install 2ADA-accessible drinking fountains in locations approved by CITY. Construct the Clow:rCreek AC Trail onthe detention dike and one concrete connector walkway from the park entrance tothe dike trail. The connector walkway shall be6 feet wide and also provide a direct connection to the playing fields. 7. Complete 20 percent ofthe site landscape outside the playing fields as
illustrated on the approved final plan.8. Construct6concrete picnic table pads and provide 6eightfoot concrete picnic tableswithgame boards. Park Development and Park Facilities Packet Pg. 166 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8)

9. Provide 3 concrete pads for trash containers and provide 3 concrete containers.

10. Provide and install the park entry sign.

11. Provide park security lighting.

The baseball field shall have 60-foot baselines and 250-foot center field post, and the soccer field shall have a minimum 70- x
100-yard dimension. PHASE 2The minimum improvements for Phase 2 shall consist of thefollowing park elements, consistent with the approved final plan. Construction shall begin no laterthan the completion of the 160th home and be complete within 12 months. Construct agroup, picnic shelter with a minimum of 5 concrete- table capacity. The picnic shelter shall have a concrete slab, aslab fora barbeque and trash container, nightlighting, hose bib, and 4electrical outlets. The shelter shall have a6-foot-wide concrete accessible route from the park entrance.

Provide 5concrete picnic tables, a
concrete
trash container, and aconcrete barbeque. Construct the playground elements with a 4-foot-high security fence, 2points of access, security lighting, and a6-foot- wide concrete accessible route from the park entrance. Provide 10 shade trees (connected to irrigation system) for the playground area.3. Construct 25 percent ofthe site landscape, not including
the playing fields, as illustrated on the approved final plan. 4. Replace all dyintg ordead plants or trees
and reseed and/orrefurbish all landscape/ grass areas damaged by construction. PHASE 3 The minimum improvements for Phase 3shall consist ofthe following park elements, consistent wi[ththe approved finalplan. Construction shall begin no later than the completion of the 2;40~h home and be complete within 12 months. 1.

Construct the restroom and
a 6-foot- wide concrete accessible route from the park entrance tothe restroom.

2. Construct 25 percent of the
site landscape, not including the playing fields,

3. as illustrated on the approved final plan.

Replace all dying or
dead plants or treesand reseed and/or refurbish all landscape/ grass areas damaged by construction. PHASE 4 The minimu:m improvements for Phase 4shall consist of the following park elements, consistent with the approved final plan. Construction shall begin nolater than thecompletion of the 320th home and be Packet Pg. 167 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8)

1. Complete all remaining elements of the park, not yet built, as required under the approved final plan.

2. Replace all dying or dead plants or trees and reseed and/or refurbish alllandscape/ grass areas damaged
by construction.E. Subsequent to CITY acceptance of thepark improvements, provide complete landscape maintenance for 120 days for' each phase of development. All elements of the landscape maintenance schedule shall be approved in advance by CITY.F. At least 30days priorto incurring any expenses, CITY shall be provided with and approve as reasonablean engineer' s estimate of all project costs. At least 30 days prior to start of construction, CITY shall be provided with and approve the final project costs to be used for calculating the level of Park and Recreation Facilities Impact Fee (Park Fee) credit. Within 45days at~er completion of park improvements, provide afinancial accounting ofall expenses related to development of the park. Said accounting shall be used to confirm any park fees still owed by DEVELOPER. Should additional fees still be owed, the balance offees owed shallbe spread evenly over the remaining number of lc, ts inthe development. Once calculated, the remaining per-lot fee shall be collected at thetime a building permit on each lotis issued.1.02 Obligations. DEVELOPER
is obligated to:A. Complete all park improvements with out any public contribution other than the approved credit
toward Park Fees.B. Incorporate the maintenance of the park into the formation of aLandscape Maintenance District forthe other public amenities within thesubdivision. C. DEVELOPER isobligated to provide security for deferred and/ or credited park fees
in the following manner: Before recordation of each subdivision phase, abond shall beestablished for Park Development Fees otherwise due for theconstruction of park improvements asoutlined in Section 1.01 (d) of this Agreement. The bond shall be based on the value of the Park Development Fees due at the time of recordation of each phase of the subdivision map. The Park Development Fee shall be based on the rate in effect on the date of the recordation
of the subdivision phase. D. Should remaining

1. fees be applied to lots, asinoutlined Section
Ol(f) above, DEVELOPER shall notify all existing lot owners who now owe the fee and include notification of that responsibility in any escrow instructions for future lot sales. SECTION
2 OBLIGATIONS OF CITY Inconsideration of DEVELOPER entering into this Agreement, CITY has agreed tothe following with respect to the development of the park site.A. Review and approve/reject all submittals from DEVELOPER ina timely manner.Park Development and Park Facilities Impact Fee Packet Pg. 168 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) B. Provide DEVELOPER with a credit toward Park Fees up to the total of expenses submitted by DEVELOPER and approved by CITY or the total amount of Park Fees due by DEVELOPER for Shastina Ranch Subdivision, wlxichever amount is less.

C. The total dollar amount available for credit toward expenses and the calculation to determine if there will be residual fees owed by DEVELOPER, shall be based on:

1. The Park and Recreation Facilities Impact Fees in effect at the time lot recordation of each phase.

2. The total number of residential lots approved by CITY.

As of January 15, 2005, the base Park and Recreation Facilities Impact Fee is $2,820, plus 194 per bedroom. By City Ordinance, this fee is adjusted annually based on the Construction Cost Index (CCI).

SECTION 3 REQUIRED PARK ELEMENTS AND DESIGN CRITERIA

3.01 Required Park Elements. All park elements described in Section 3.03 below shall be provided.

3.02 Design Esthetics. The design elements and aesthetic treatments found throughout the Shastina Ranch subdivision shall also be carded into the park site, including decorative lighting fixtures; building materials and colors; landscape materials and planting palettes; paving patterns; materials and colors; site furnishings; and signage styles and colors. The City of Redding reserves the right to modify design elements if maintenance costs are deemed to be excessive.

3.03 Design Criteria for the Collocation of Flood Detention Basin and Park Amenities. The collocation of a local flood-detention facility with this park site has been proposed by the developers asacost- effective means of consolidating the functions of runoff storage and recreation within a single site. Tobe effective, a combined detention basin/ park layout
creates different internal elevation variations, or tiers, that have differing frequencies and depthsof inundations and differing flood risk. Passive recreation elements willbelocated inportions of storm- water-detention facilities having thegreatest potential for temporary inundation, while active recreation elements are located in areas having
lesser degreesofinundation risk.A. The primaryuse at the Shastina Ranch park site is active recreation areas for athletic games. Combined with the many acresofnearby open space already acquired by CITY, the park will assist in providing local residents with access to a full range of recreation activities. The final configuration of the park site, as well as the name ofthe park, shall beapproved by
the Community Services Department Director. B. The following neighborhood park elements ( including noted quantities, materials, and dimensions) shall be considered minimum base levels in a collocated detention basin/park facility:1. Require park elements that can belocated inareas designated for5-year-flood events:Park Development and Park Packet Pg. 169 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) a. Soccer field--onerequired, 70- x100-yard minimum dimensions, one permanent goal post, sUbsurface drainage will
be required. b. Softball fieh:l--one required, outfield may be overlapped with soccer field,250-foot outfield dimension, backstop, subsurface drainage will berequired.c. Individual picnic table areas--minimum five tables, set upon concrete pads, at leastone available from the
park' s designated
accessible route.d. Drinking fountain. 2. Require park elements that can be located in
areas designated for 25-year- flood events:a. Horseshoe arid bocce ball courts-- 2 each (total of4), standard court dimensions, at least one of each accessible to people with physical disabilities 3. Require park elements that can
be located inareas designated for 50-year-flood events:ao Basketball court-- 2 required, full-court dimensions ( 84' long by50' wide); 2 goal posts with blackboards, rims, and nets;
concrete paving painted
with standard court layout markings; connected to accessible route.b. Drinking fountain. 4. Park elements that must be located outside the flooddetention basin.a. Restroom building one required with two unisex stalls, ADA accessible. Group picnic shelter--one required, centrally located within park site, 5-table
minimum capacity, barbeque stand, concretefloor, quick-coupler hose bib for cleaning, connected to accessible route. Co Children' s playground-- separate 3,000- square- foot minimum size required for each age group ( 2-5 years and 5-12 years), with wood fiber safety surfacing material. Imaginative design, layout, and themes areencouraged tomake the playground distinctive for thecommunity. Each play area must include components that provide each of thefollowing play experiences, including, but not limited to:, sliding, rocking, swinging, climbing, and spinning. All equipment shall conform with the specifications and
recommendations of the Consumer Product Safety Commission ( CPSC); the American Society for Testing and Materials (ASTM), F-1487-01 "Standard Consumer Safety Performance Specification for Playground Equipment for Public Use"; the Americans with Disabilities Act (
ADA); and supplemental play area guidelines provided by the Architectural and Transportation Packet Pg. 170 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Low flow must be accommodated in a way that avoids the athletic fields and play areas and confines inundations to areas that require infrequent maintenance.

There must 'be a minimum 50-foot buffer between the low-flow line and the
playing fields.b. Drainage within thefacility should provide for positive flow across elevated tiers and to the basin floor to prevent residual standing water within recreation areas.Co Underground drainage systems shall be used toimprove drainage efficiency within and :from recreation elements to the basin floor.

Captured runoff discharged into the detention facility traveling through the park site willbeaccomplished through underground storm drains rather than via open, overland valley channels, except for the designated low- flow channel.d. Minimum grade utilized inactive and passive turf areasshall be

1.5 percent. Maximum side slopes for turf areasshall be 4:1to facilitate mowing and maintenance. Non- turfareas can be 3:1. Side slopes adjacent to streets should beno greater than 6:1to facilitate security visibility by lawenforcement,
fire, and emergency personnel. Internal park trails should be constructed of concrete with a minimum xvidth of6feet. These, paths should connect the neighborhood with the major recreation elements and activity areas. Trails will not be located within the basin floor
where inundations are frequent.go Inflow and outflow structures shall include provisions to prevent access by small children. This will include the installation of trash racks or rebar across the open areas ofthese structures. Thisrequirement is not applicable to
weirs or culverts that:i. Are greater than
42 inches in diameter. ii. Are less than
200 feet inlength. iii. Intersect ground
levels on both ends.iv. Are structurally resistant
to collapse or settlement.ho An emergency spillway shall be provided to allow excess flows to safely pass downstream. The design of the spillway shall be the
500-year return period event.Where appropriate, an energy dissipater shallbe constructed at the point(s) ofinflow discharge into the detention
facility to help control erosion. jo The basin floor may bedesigned to be regularly maintained as an earthen clear zone or it may be established asa "wetland" area with prior approval of a habitat management plan by theU.S. ArmyCorps of Engineers, theU.S. Fish and Wildlife Service, and the California DePartment of Fish and Game to ensure Park Development and Park Facilities Impact Fee Packet Pg. 171 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Wildlife Service, and the California Department. of Fish and Game to ensure conformance with §404 of the Clean Water Act. If such a plan cannot be concurred upon in advance, maintenance activities must be performed at a sufficient rate to preclude any establishment of wetlands that might provide a regulatory roadblock to effective removal of accumulated sediments and/ orpollutants deposited by
floodwaters. koA maintenance access roadway shallbeprovided from the top of the storm-water- detention facility to the basin floor. Minimum road width shall be 16 feet, with a
maximum gradient of 12 percent, and provided with a turnaround or
egress point. Executed at Redding,
California on IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT tobe executed as ofthe dates
written above. CITY OF REDDING DEVELOPER * see
notes below
By By JohnR. Mathena, Mayor Jeb Allen,
Vice President ShastinaRanch Development
Company,
Inc.

DEVELOPER By Brent
Day, Treasurer Shastina Ranch Development
Company, Inc. FORM
APPROVED: ATTEST: Richard A. Duvernay, City Attorney Connie Strohmayer, City Clerk Notes: Ifthe Developer isa Corporation, then this document must be executed bythe Corporation's Chief Executive Officer, President or Vice- President, on the one hand, andthe Corporations' Chief Financial Officer, Treasurer, Assistant Treasurer or Secretary on theother hand. Developer' s signature must
benotarized.6-20-
05 PROJXShastinaRanch~ Exh A-ParkDev-FacilitieslmpactFeeCredit- DD.wpd Park Development and Park Packet Pg. 172 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) EXItlBI:[' *~ B~¥

FACI PLAN
I

SHAST NA RANCH
SOU.CE:

GIS DIVISION

DEVELOPMENT SERVICES DEPARTMENT
I I
0 5~ . 1000 1500

LOCATION MAP

SHASTINA RANCH SUBDIVISION

AND FACILITY PLAN AREA
DR.1-OS, S-7-
05, GPA4-
03 &
RZ-8- O$MTG.

DATE:

NO: ITEM: ATTACHMENT: DWG.

Packet Pg. 173 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) EXHIBIT "C"

LEGAL DESCRIPTION

SHASTINA RANCH SUBDIVISION
All that certain real property sita~ate in the City of Redding, County of Shasta, State of California, more particularly described as fi)llows:

PARCEL 1
The Southwest one-quarter of Section 22, Township 31, North, Range 4 West, MDM.PARCEL
2That portion of the South one-half ofthe Southeast one-quarter of Section 21, Township 31 North, Range 4 West, MDM, which lies Northeasterly ofthe Anderson- Cottonwood Irrigation District Canal as described inthe Deed from Wesley W. Harris, recorded in the office of the County Recorder March 9, 1938, in Book 132 of Official Records at page 431, Shasta
County Records. PARCEL 3 That portion of Parcel C as shown on the survey entitled Record of Survey for Vern Casey and Ned Hissem in the Northwest one-quarter of Section 22, Township 31 North, Range 4West, MDM, filed for record November 19, 1971, involume 36 of Land Surveys at
page 89, Shasta County Records.EXCEPTING THEREFROM all that portion thereof conveyed to the City of Redding by deed recorded December
27,
1999, No. Instrument 1999-0048938.

Packet Pg. 174 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) June23, 2005 Douglas
D"
DeMallie EXItlBIT "
Tentative
Subdivision Map Application Sr7-03
Planned'Development Application PD5-04Shastina
Ranch Subdivision Draft Conditions
ofAPproval
General Requirements Conditions marked with an asterisk are also envirtnmental mitigation measures. Conditions marked with'adouble asterisk are tobe indicated on the final map as notes. Approval is granted to develop the 446-home
Shastina Ranch Subdivision/ iPlanned Development. The final map shallbe prepared and development commenced in accordance with the tentative map and related planned development plan as approved by the City Council on The requirements ofthese conditions shall prevail in the event thatthere is any inconsistency between a condition and information or data presented on the tentative maporin theplanned development plan.

Implementation of these conditions shall also be inconformance with the project Development Agreement. The standard conditions for subdivisions delineated in Resolution 92- 18 shall be met as
marked on the attached tbrm. o The developer shall note that Section 711. 4 of the State Fish and Game Code requires payment ofa fee to the County Clerk for filing a Notice of Determination for an environmental document:; paymentofthis fee isthe responsibility of the project proponent. accordance I with Chapter 18.40.040 of the Zoning Code ( Compliance With Map Requirements), all conditions applicable to postsubdivision construction ( as marked with adouble asterisk **) shall be noted en the final map under a "Statement of Conditions" toprovide notification tofurore property ownersof building limitations and
otherrequirements for the subdivision. Acquisition of alloff-site interests intire or easements necessary to satisfy the requirements of thesubdivision approval shall be the responsibility of thedeveloper. Inthe event the developer is unableto. acquire such interests, the developer may petition the City Councilfor adoption ofaresolution initiating eminent domain proceedings over the lands needed for theoff-site improvements. ~ edevelopershall bea/- all"6osts for such proceedings, including
attorney fees, court costs:, and land-value costs.Prior to issuance Ofa grading or
building permit, the developer shall secure approval ofimprovement plans forall publicstreet, utility, and drainage infi' astructure and public park and trail facilities from Se City Engineer. Unless otherwise noted herein, all public- street,storm- drain, and utility improvements required of the subdivision shall comply with City Public Works Construction Standardsorequivalent
standards as approved by the City Engineer or affected private- Utility company. Packet Pg. 175 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
2 June 23, 2005 10.The following notation : shall be placed on the final map with instructions that it be disclosed in the title report issued upon conveyance of any lot/ home within the subdivision: "This subdivision is located within the airport influence area ofthe Redding Municipal Airport. Aircraft and helicopter flights will occur over the subdivision, and the number of flights will increase as aircraft
activity at the airport increases."* ** At the time ofrecordation ofafinal map(s), the property owner shall grant the City of Redding anavigation easement forflight operations of the Redding Municipal Airport. The form and content ofthe easement shall be approved by the City Attorney.*This condition shall be recorded on the final map and noted in the title report. The escrow instructions for the saleof each lotshall require that the purchaser and seller sign a statement that they have read and[ understand this conditionof sale.

The property owner(s) shall consentothe formation ofand participation in a landscape maintenance district for all:**aolxrigation, landscape, and arterial fencing within the public rightof way of ShastaView Drive.bo Irrigation and lm~dscape within the public fight-of-way of all internal local
streets, including parkways between the curb and gutter.Co Irrigation and landscape associated with pedestrian
connections between internalstreets and Shasta View Drive.Irrigation and lan,dscape associated with the pedestrian
path between the project and Rancho VistaWay.eo All subdivision entrance features
and monument identification located
within the public right-of-way.Park and' trail facilities.

Storm-water detention facilities, including those located within the public ipark.Stormwater trea'~nent facilities and erosion- control measures. Vegetation management for fire- fuel reduction. Said district shall be formed inaccordance with the following: Prior torecordation ofafinal map, the property owner(s)
shall submitalandscape maintenance district petition andconsent form, a landscape maintenance agreement form, and applicable application fees tothe Development Services Department. The district shall be fbrmed and the landscape installed prior to issuance ofabuilding permit forany structure within the subdivision. Formation of the district will obligate each lot owner within the subdivision
A
toparticipate inthe district.
cost-escalation clause will Packet Pg. 176 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-T03 and
PD-5-04 Draft
Conditions of
Approval Page3
June 23,2005 The landscape and associated irrigation system for the district shall be designed in accordance with the specifications available from the Development Services Department and installed in accordance with the final plans as approved by the City.Thelandscape and irrigation plans shall be submitted to the Development Services Department at l~he time the subdivision improvement plans are submitted tothe Engineering Division and are subject to approval prior to recordation orafinal map.The.irrigation system shall beinstalled and accepted by the City in conjunction with the public improvements within thesubdivision; landscape improvements shall beinstalled and accepted by the City prior to issuance ofabuilding permit
within the subdivision. The developer shall be responsible for all costs and fees associated withthe formation, installation, and connection toCity of Redding Electric and water utilities. Such fees include, but are not necessarily limited to, formation costs, meter fees, connection charges, benefit fees, inspection fees, and development fees. The developer shall also be responsible for maintenance of the landscape and irrigation system until such time as the district is formed and fees are levied. The minimum maintenance responsibility shall be 90 days for plant material and 1 year for the irrigation system from the date improvements are accepted bythe City.Planned Development and
Site Design Requirements 11.Development of thelotsand project features/ amenities shall be consistent with the exhibits contained in the Shastina Ranch Planned Development Plan approved inconjunction with
the tentative subdivision map.**12.Lot configuration and development shall comply with therequirements ofthe zoning district applied tothe property in accordance with Chapter 18 (Zoning Ordinance) of the Redding Municipal Code
with the: following exceptions:**The minimum lot width and size of certain lots on the east side of Clover Creek may be below the "RS-3" District standardof 70 feet and 7,000 square feet, respectively, as
shown on thetentative map. ' ' b. All comer lots shall have a minimum width of 65 feetatthe street.The minimum front-yard setback for homes on Streets " J" through "T" maybe 13 feet except garages, which will have a minimum setback of 20 feet).13. Lots 1, 42, 43, 44, and 46 shall be adjusted, or additional land acquired, as
necessary to conform toproject boundaries. 14.The development ofindustrial Parcel "A" shall themeet requirements of Section 18.40.020,Buffer
Packet Pg. 177 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of ApprovalPage
4 June
23,2005 15.16.Prior to recordation of a final map for thefirst phaseof development, acomprehensive final project development plan shallbeapproved by the Development Service Director. This
plan shall consist of:a. Any modifications or updates of the Planned Development Plan exhibits. b. Landscape plan :forall street and project- amenity landscaping. c.

Project- entrance and
identification sign features.d. Decorative streetlights. e. Shasta View Drive wall
design. f. Park and trail facilities.The developer shall construct a public trailonboth sides of Clover Creek generally located as shown on the Planned[ Development Plan and tentative map exhibits, including sections on the City property to the north. The section of trail on the east side of Clover Creek shall beconstructed prior to or inconjunction with construction of the adjacent public park improvements. The section of trail on the west side of Clover Creek shall be constructed with the first phase of development of that area located between Shasta View Drive and Clover Creek. The structural section for the trail andconnections tothe shall subdivision comply with Cityof.Red. ding Construction Standard 111.
0 and be as follows: Co On the east side of Clover Creek, an8-foot-wide asphalt section with 2-foot- wide compacted base shoulders between Shasta View Drive to the south
and the west end of Street "P"
to the north.On the west side of Clover Creek:
1)An 8-foot-wide asphalt section with 2-foot-wide compacted base shoulders between Shasta View Drive to the south and the
north project boundary atapoint converging with thesidewalk along Shasta View Drive. 2)A10- foot.-wide asphalt section with 2-foot-wide compacted base should.ers on the City property to the north.

This section of trail shall incorporate
a drinking fbuntain, benches, picnic tables, trash receptacles, and signage as specified by the Community Services Director.All trail sections willbe
designed toavoid removal of, yet also meander in proximity to, significant trees to the extent feasible. Internal connections to the trail shall be constructed at the west end of Packet Pg. 178 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
5 June 23, 2005 Thedeveloper slhall be responsible for securing of permits from agencies otherthan the City necessm~ y toconstruct the trail improvements.

The City recognizes that some scheduling, alignment, or design modifications may be necessary
to secure these permits. The land and construction costs of the trail will not becredited toward the project'sPark and Recreation Facilities Impact Fee obligation, except for that section located
within the public
park. Streets and Circulation 17.A maximum of49 lots may be recorded on each side of Clover Creek with asingle access provided by an extension ofShasta View Drive fi.om either Rancho Road or Airport Road,generally on the alignment delineated onthe tentative map. Upon recordation of the 50th lot on either side of Clover Creek, Shasta View Drive shall be constructed to connect Rancho Roadand Airport Road, :including the necessary crossing at Clover Creek. As an alternative to the 49-1ot limit on tire east side of Clover Creek, additional lots beyond 49 maybe
recorded trader the following requirements: ao A temporary second eastbound lane is constructed in Shasta View Drive between Airport Road ancl Street "Q"; the second lane shall be converted to the landscape median required by other conditions of the tentative map approval at the time the Shasta View Drive connection between Airport Road
and
construction of
Rancho
Street "
Road is
I,"
completed.*
providing
No
a
more than 49 lots may be recorded prior to
second access to the subdivision
fi. om Shasta View Drive.c. None of the additional lots may be recorded
north
of Street "T."18.19.Shasta View Drive shall be designed based upon a35 mile -per-hour design speed, minimum centerline radius of800 feet, minimum tangentbetween reverse curves of 100 f~et, and meeting
sight distance standards at all intersections. On-site, Shasta View Drive shall be constructed tothe following standard: a. Where project development is adjacent to both of sides Shasta View
Drive: 1) Dedication ofa142- footright-of-way.
2)A16-foot-wide landscape median, two 12- foot- wide
travel
Packet Pg. 179 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
6 June 23, 2005 20.3)A1O-footwide, 4-inch-thick meandering concrete pedestrian/ bicycle path and landscape parkway between the curb and right-of-way boundary. The path shall beconstructed atalocation and elevation based upon the ultimate widening; of Shasta View Drive to 4 lanes and be
separated a minimum of 10 feet from the ultimate curb line.4)Turn lanes at allintersections as defined inthe Traffic Impact Study and as
specified by the City Engineer inconformance with standard engineering practice. 5)Arterial
wall and landscape improvements required by other conditions ofthis entitlement. bo Where Shasta View Drive is adjacent to designated open space, the right-of-way width may be red'. uced to
127 feet and the parkway width adjacent to the open space reduced accordingly. CoAtraffic circle at the intersection of Shasta View Drive and Street "D" with
necessary right-of-way and improvements in accordance with the specifications ofthe City Engineer. do Additional right- of- way will be dedicated as specified by the City
Engineer toaccommodate afuture traffic circle at the
intersection ofShasta View Drive and Street "H."Off- site, Shasta View Drive shall
be improved as follows: On Assessors' Parcel
No. 054- 510-27 (property immediately westof Lots 102through 112):1) Dedication of 100 feetof right-of way.2)
A16- foot--wide landscape median, two 12-
foot- wide travel lanes, 6-foot-wide pavedshoulders
symmetrical totheultimate centerline, and vertical curb and'~. gutter on 'the project side of the street.3)A1O-foot-wide,
4-inch- thick meandering concrete pedestrian/ bicycle path and landscape parkway between thecurb and right- of-way boundary. The path shall
be constructed at a location and elevation based upon the ultimate widening of Shasta View Drive to 4
lanes and beseparated a mini:mum of10
Packet Pg. 180 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
7 June 23, 2005 Co 1)The developer shall enter into a development agreement with theCity or otherwise secure approval for use of City property for construction of this section
of Shasta View Drive.2)A16-foot-wide landscape
median, two 12-foot- wide travel lanes, 6-foot-wide paved shoulders symmetrical to the ultimate
centerline, and vertical curb and gutter on the eastside. 3)A1 O-foot- wide asphalt pedesthan/ bicycle path with 2- foot-wide compacted base shoulders on the east side designed to meander within open space between the curb and Clover Creek. The structural section of the trail shall comply with City of Redding Construction Standard 111.0. (This section of trail
will 'bea substitute forasidewalk
along the east side ofShasta View Drive.)Remaining
off-si~tesection to Rancho
Road: Dedication ofa60-foot-wide right-of-way and
any additional right- of-way necessary to transition into Rancho Road.2) Two 12-foot- wide travel lanes and 6-foot- wide paved shoulders separated by 16 feet for afuture landscape median symmetrical' tothe ultimate centerline. The design fora
median at the intersection with Rancho Road may be adjusted fbr or eliminated as necessary to align withexisting Shasta View Drive norLh of Ranch Road.3)Traffic control, striping and signage, mm lanes, and acceleration and deceleration lanes, tie- in paving, and AC overlay toprovide for conformance tothe existing roadway at the intersection of Rancho
Road and Shasta
View Drive. Ultimate intersection geometric asdefined in the Traffic
Impact Study, Figure 6-6, and including 6-
foot bike
lanes, shall be constructed as follows: a) Rancho
Road:

One 370-foot eastbound left- mm lane (including 90-fbot Packet Pg. 181 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
8 June 23, 2005
do b) Shasta View: Two 360- foot northbound
left-mm
lanes and 1northbound thru lane. The northbound right mm isshared with the thru lane. One 315-foot
southbound
left-mm lane and1
southbound thru lane.One 280-foot
southbound fight- mm lane. Remaining off-site section to Airport Road:1) Dedication ofa60-
foot right-of-way and any additional right-of-way necessary to transition into Airport Road.2)Two 12-tbot- wide travel lanes and 6-foot- wide paved shoulders separated by 16 feet for afuture landscape median symmetricaltothe ultimate centerline. The design foramedian at the intersection with Airport Road may
be adjusted :['oror eliminated as necessary to align with the planned street on the opposite side of Airport Road.3)Traffic control, striping and signage, mm lanes, and acceleration and deceleration lanes, tie-in paving, andACoverlay to provide for conformance tothe
existing roadway atthe intersection of Airport Road and the New Connection.

Ultimate
intersection geometric as
defined in the Traffic Impact
Study, Figure 6-6, and including 6-foot bike lanes,
shall
beconstructed
as follows:a) New Connection:

One 300-foot eastbound left-mm lane.The 1 eastbound
travel lane
becomes right-turn only
at the intersection. Airport Road: One 340- foot northbound leftPacket Pg. 182 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03and
PD~5-04Draft
Conditions of
Approval Page 9
June;
23,
2005

21. 22.

23. 24.

25. 26.27. 28.Prior to recordation of the 120th lot, the developer shall install a traffic signal at the intersection of Rancho. Road and Shasta View Drive and the intersection modified as necessary to achieve a fully activated system for both vehicles and pedestrians. Improvements shall include all necessary wiring and installation of hardware (video detection, indicator heads, buttons) and street striping for the traffic signal torespond topedestrian orvehicle-phase request. Intersection improvements shall include any necessary modifications to the existing Shasta View Drive north of Rancho Road
to accommodate the signal.* Prior to recordation of the 200th lot, the developer shall install a traffic signal atthe intersection of Airport Road and Shasta View Drive and the intersection modified as necessary to achieve a fully activated system for both vehicles and pedestrians. Improvements . shall include all necessary wiring and installation of hardware ( video detection, indicator heads, buttons) and street striping for the traffic signal to respond to
pedestrian or vehicle- phase request.*Bus-stop turnouts and passenger shelters for Redding Area Bus Authority ( RABA) service shall be incorporated into the on- site improvement of Shasta View Drive in locations specified by RABA. Improvements shall beinaccordancewith
City of Redding Construction Standard 120.00.*The Shasta View Drive crossing of Clover Creek shall be designed to accommodate future widening to4lanes, pass flows from a100-year-storm event, and incorporate design and material features consistent with the Shastina Ranch Planned Development Plan tothe
extent feasible and as allowed bythe City Engineer. No portion ofthe ultimate alignment of Shasta View Drive shall encroach into the 100-year floodplain of Clover Cree. k, except theactual creek crossing, unless approval is granted under the provisions of Chapter 18.51 ofthe Redding Municipal Code:The ultimate alignment, 'width, and construction of Shasta View Drive shall be designed to locate the existing Redding Electric Utility (REU) l15/ 12kV power poles within the parkways a minimum of3 feet from the ultimate curbline. Where no alternative isasfeasible determined by REU a~ad the City Engineer, an' existingpole( s) may be located within alandscape median or traffic circle with provision ofadequate vehicular protection and maintenance access. The cost ofany necessary pole relocation
to meet this requirement shall be the responsibility of the developer. Individual lot access rights toand from Shasta View Drive shall be waived.A minimum 6- foot-high masonry sound wall shall be constructed at the boundary of the Shasta View Drive fight-of-way adjacent to all residential lots; the wall is not required adjacent to any open-space areas. The wall shall be constructed of decorative masonry materials that have adensity of4pounds per square foot.

The wall design shall incorporate materials providing 2distinct surface reliefs, columns/ pilasters articulated a minimum of 2 inches from the face of the Packet Pg. 183 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
10 June
23, 2005 29.30.The structural design of the wall along Shasta View Drive shall meet applicable loading pressures as defined by
the Uniform Building Code. Internal local streets shall be improved generally as follows:a. Streets "A" through " G," " M," "
Q," and "V":Co 1)Right-of-way encompassing
the full street- improvement section from back of
sidewalk to back of sidewalk (61 feet).
2). 40-foot-wide curb-faceto curb-face street section.
3)
Vertical curb, gutter, 6-foot-wide parkway, and 4-foot-wide sidewalk on both sides. 4)The developer shall acquire the necessary off-site right- ofway for Street "B"as shown, on the tentative map withoutthe use of
eminent domain, or the
subdivision design shall be modified sothat the full
street right-of-way ison-site. Streets "
H" and '"I":1)Right-of-way
encompassing the full street- improvement section from back of sidewalk to back of sidewalk ( 57 feet).2) 40-footwide curb-face to curb- face street section. 3) Vertical curb, gutter, 6-footwide parkway, and 4-foot-wide
sidewalk adjacent tothe residential lots and the public park site.4)Vertical curb, gutter, and 6-footwide parkway adjacent to the Clover Creek open space.Streets "J" through "R" ( except "M"):1)Right-ofway Packet Pg. 184 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
11 June
23,
2005 31.32.

33. d. Street "T":1)Right- of'way encompassing the full street section from backof sidewalk to
back ofsidewalk (60 feet).
2)
30-
foot-wide curb-face- to-curb-face street section.3)4)
Vertical
curb, gutter, 1O-footwide parkway and 4-foot-wide sidewalk on both sides. Low-pro:file " No Parking" signage. Pedestrian connections between internal streets "G," "R," and "V" and Shasta View Drive and Street "P" and Rancho Vista Way shall beprovided as indicated on the tentative map.Aminimum 32-foot-wide public easement(s) shall be provided to Shasta View Drive and a 20-foot-wide public easement to Rancho Vista Road. Theeasements shall be improved with an 8-foot-wide concrete sidewalk and the remainder of the easement landscaped.A1O-foot-wide public- service easement shall be provided adjacent tothe outside edge ofthe separated sidewalk on all internal streets. On those
sections of Streets "H" and 'T' adjacent tothe Clover Creek open space where no sidewalk is required, a5-foot-wide public- service easement shall be provided. All
landscape features within an on-site
street right-of-way shallbe landscaper! and an irrigation system provided atthe time of construction of the street improvements. These features consist of:
a. Medians within Shasta View Drive. b. Traffic circle at t~ heintersection of Shasta View Drive and Street "D."Parkways between the curb and right-of-way boundary within Shasta View Drive.

Where adjacent todesignated open space, the landscape between sidewalk and right- of-way boundary shall be designed to blend into the natural features of the open space with emphasis on preservation of existing trees. d. Parkways between the curb and sidewalk of all internal streets. eo Additional streetscape enhancements along internal streets as presented on the tentative map and the Shastina Ranch Planned Development Plan (e.g., length of Street "T"; intersections of Streets "
Packet Pg. 185 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
12 June
23,
2005

34. 35.36.37.38.The right-of-way for Street "P" mayencroach into theCity-owned land (Assessor' sParcel No. 054-510-026), only ifit is demonstrated to the satisfaction ofthe Development Services Director that the encroaclhment accommodates efficient lot configuration andenhances public access tothe CloverCreek Trail.City-standard decoratiw~- streetlights ( Construction Standards 557.00 through 574.01) shall be provided along the onsite section of Shasta View Drive and all internal streets. Construction access to the site shall beidentified on theproject improvement plans. Temporary or permanent traffic-control and access improvements or measures shall beprovided as required by ' the City Engineer. Use ofSylvia Lane, Belinda Way, Rancho Vista Drive, and Palo Verde I,ane for construction access is prohibited. Prior to issuance of an entitlement for further division, development, or useof the industrial Parcel "A," the applican't, owner, or successor in interest shall in consultation with the City prepare aproject study report to determine preliminary Construction design and theappropriate Shastina Ranch project share ofthe cost of the following improvements:* **ao Determination of of
an alignment and widening toa4-lane arterial standard the section Chum Creek Road between South Bonnyview Road
and Rancho Road, including reconstruction ofthe Chum Creek bridge as necessary. Realigxunent/ reconstmction of theintersections of Victor Avenue and Rancho Road with Chum Creek Road toprovide adequate traffic control and mm lanes.c. Placement of a traffic signal atthe intersection of Rancho Road and Alta Mesa Drive.The Shastina Ranch pro-rata share shall be paid, orafunding mechanism approved by theCity, prior to
issuance
of
an entitlement for further division,
A."
development, oruseofindustrial Parcel "
ao bo Thedeveloper shall pay the Citywide Transportation Development Impact Fee in accordance with Chapter 16.20 ofthe Redding Municipal Code.* Prior tofiling ofafinal map for residential development orissuance of entitlement or building permiit for development ofthe industrial land, the applicant, owner, or successor in interest shall agree to participate with the City of Redding ina. funding mechanism to ensure the construction of
improvements atthe Chum Creek Road/ Victor Avenue/ Rancho Road intersections as necessary to maintain acceptable level-of-service operations. Theapplicant, owner, or successor in interest shall agree to participate
Packet Pg. 186 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
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of ApprovalPage
13 June
23,
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Sewer,

39. 40.

41.42.43.44.Notwithstanding ( b) above, up to a maximum of 120 lots maybe recorded on the east side of Clover Creek with sole access from Airport Road (i.e., nocrossing of Clover Creek) prior to final establishment of a funding mechanism for the improvement ofthe Chum Creek Road/ Victor Avenue/ Rancho Road intersection. Payment of a project- specific facility fee, established by the City Councilor its designee equal to the project'spro rata share of the intersection improvements, shall be made atthe
time ofissuance of
a building permit.Water, and Electric Utilities No unit or phase of the subdivision shall be recorded unless it is contiguous to animproved public street and sewer, water, electrical, and drainage facilities adequate to serve the property have been extended to the unit or phase boundary. Sanitary sewer, water, electric, natural gas, communication, and cable-distribution lines, including main lines and service laterals, shall be extended and sized toserve each lot inthe subdivision toprovide logical extensionsof service to adjacent properties and accommodate improvements constructed with the trail sectiononthe City-owned parcel tothe north Assessor's Parcel No. 0,54510026).

These utilities shall beinstalled inaccordance with the capacity, construction, ~adtesting standards ofthe City or other responsible agency or utility. Sewer lines within the subdivision shall be sized as
necessary toaccommodate upstream development inan orderly fashion.A24-inch waterline shall be extended in the Shasta View Drive right-of-way, providing a loop connecting to existing waterlines in Rancho Road and Airport Road in accordance with the Cityof Redding Master Water Plan. The waterline shall include a lateral for connection to the City well site as shown on the tentative map and water service to the City- owned parcel to the north ( Assessor'sParcel No. 054-510- 026). The developer may seek reimbursement forcost of line oversizing beyond the requirements of the subdivision in accordance with Chapter 14.08 ofthe Redding Municipal Code. The actual labor costs of improvements tobe eligible forreimbursement shall
be as determined by the City Engineer andas allowed by the Redding Municipal Code. The developer shall grant to the City ofRedding awell site with a minimum size of 200 feetby 200 feet ( 40,000 square feet) on the west side of Shasta View Drive generally as shown on the approved tentative map. The City agrees to pay foratest welltodetermine water quality analysis to determine ifa production well can be developed. If water quality analysis isnot satisfactory, the City may require that an alternate sitebe tested and developed. Water service within thesubdivision and fire hydrants shallbeprovided inaccordance with the specifications ofthe Engineering Division and in a manner satisfying the California Fire Code.

All fire hydrants must have a minimum fire flow meeting Appendix III "A" of the California Fire Code, plus meet the maximum daily demand for the area. Fire-hydrant locations shallbeapproved by
Packet Pg. 187 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
14 June 23, 2005 45.All on-site and off- site sewer,
water, electrical, storm- drain and other public-utility infrastructure shallbe pllaced in apublic-street right-of-way or public-service easement ina location approved by the Engineering Division. The developer shall be responsible for acquisition of all necessary off-siteright-of-waysor easements. 46.A note shall be placed on the final map( s) that no buildings, mechanical
equipment, decks or patios, or similar permanent
public- service
improvement may be placed within a
easement.**47.Vehicular access for maintenance purposes shall be provided to all utility infrastructure outside a
public right-of'way as determined necessary by and in a manner approved by the
City Engineer. 48.Before approval of the final improvement plans by the Engineering Division for plan check,the
applicant shall also incorporate 1 copy of the City of ReddingElectric Department plans for providing electric service.49.Electric- supply facilities shall be furnished andinstalled in accordance withthe Electric Utility Service Policy
Resolution currently ineffect at thetime the developer'splans are approved by the Cityof Redding.50.The developer shall be responsible for all costs associated with the relocation or modification ofutility facilities necessitated by the construction of improvements required asacondition of approval of this project, including reimbursement to City ofRedding Electric Utility.Other utilities may require reimbursement for project- related costs as well. 51.The final subdivision map(s) shall indicate minimum building setback lines necessary to comply with Redding Electric Utility ( REU) standards for structure clearance from pad-mounted transformers; thesetback shall be indicated only onthose lots where the setback requirement oftlhe City Zoning Ordinance will not satisfythe REU standard.52.The existing Redding Electric Utility (REU) 115/ 12kV transmission- line easement shall be identified on the final map( s). An all-weather-access road and easement to the section of
this line south ofLots
39 and40 shall be provided in a manner that avoids impacts upon sensitive enviromnental features in thisarea.Grading, Drainage, and Water QualityAn application shall be submitted to the City Engineer for clearing and/ or grading permit.Improvement plans for clearing, grading, drainage, utilities, andother required improvements shall be approved by the Engineering Division and other concerned City of Redding departments prior to the beginning of any clearing orgrading activities or site improvement activities and will be in conformance to Redding Municipal Code (RMC) Title 16.12. An Interim Erosion and Sediment Control Plan (Interim Plan) shall be included as partofall clearing and grading permit applications and will be approved by the City before Engineer Packet Pg. 188 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
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of ApprovalPage
15 June
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2005

54. 55.

56.57.58.59. Prior toissuance ofagrading permit, the developer shall prepare aStorm Water Pollution Prevention Plan and secure a Construction Activity Storm Water Permit from the Regional Water Quality Control Board ( RWQCB) if required by law. Additionally, all applicable provisions of the City of Redding Grading Ordinance ( ReddingMunicipal Code Chapter 16.12) shall be met. This will require inpart that an Interim Erosion and Sediment Control Plan beprepared that establishes specific measures and Best Management Practices to minimize soil erosion during and after construction activities. Approval and installation ofinterim erosion- and sediment- control measures shall be coordinated with thesequence of grading and development soas tobe in place by September 1of any year. The details ofthe Interim Erosion and Sediment Control Planand any applicable water quality mitigation requirements ofthe RWQCB shall beincorporated into the final project improvement plans and befully implemented by the developer as approved by theCity Engineer.Priorto improvement- planapproval, the applicant shall obtain approval for storm-water peak flow in accordance with City Council Policy 1806 and thespecifications ofthe Engineering Division. Such measures shall address impacts from the 10-, 25-, and 100- year-storm events. Projects shall address peak flows to maintain predevelopment levelsatall locations downstream ofthe project. A hydrological drainage report shall be prepared byaqualified engineer and will be provided to
the Engineering Division with submittal of site improvement plans. Storm- drain detention facilities shall conform to the design intent ofCity General Plan Goal CDD6 for function and aesthetic value. Upon agreement with the City and design approval by the City Engineer and Community Services
Director, storm-water detention may be incorporated intothepublic park.

Any storm-water detentiion facilities constructed within the electric- utility easement( s) on industrial Parcel "A" as shown
on the tentative map shall require the written consent of the utility provider.Afinal map for any portion of the project within the Chum Creek watershed shall not be recorded until a final method of conveying storm water to Chum Creek, either as described in the project EIR-1-03 or other functional alternative,
is approved by the City Engineer. Any storm-drain conveyance utilizing oi~ otherwise
affecting Anderson Cottonwood Irrigation District (ACID) easements or facilities shall necessitate the written approvalof ACID.*All drainage outlets into Clover Creek or any other natural drainage feature are toincorporate water-velocity- attenuation and sedimentation devices .to minimize erosion or shall be extended so asto discharge without eroding the natural channel. The stormdefined drain outlets
channel;
are to
the
be extended so as to discharge into a
developer shall cause thededication of any off-site easements necessary to accommodate the extension and provide maintenance access as required by the Engineering Division. The outlet shall include a concrete headwall with wing walls, a smooth concrete apron, and water- velocity- attenuation devices to minimize erosion.

Packet Pg. 189 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
16 June 23, 2005 60.Drainage systems shall be designed and installed so that runoff collected from roof drains and other improvements are conveyed directly to thestreet or other acceptable drainage system with no lot-to-lot drainage allowed, unless approved by the City Engineer. The minimum grade of all lots, either toward the street or open space, shall be 2percent.61.Project development shall incorporate storm- waterquality prov/ sions set forth in the City'sStorm Water Quality Improvement Plan and thestatewide general permit (Water Quality Order No. 2003-0005- DWQ). Best Management Practices (BMPs) tailored to the project to maximize thereduction of pollutant loading in
storm- water runoff shall be implemented tothe maximum extent practicable.*62.Incompliance with therequirements ofthe State General Construction Activity Sto~xnWater Permit, the project developer shall prepare site and construction- phase- specific Storm Water Pollution PreventJion Plan (SWPPP) in conformance with the California Storm Water Quality Association Cortstruction Handbook. The SWPPP shall be subject tothe approval of theCentral ValleyRegional Water Quality Control Boardand incorporated into the project improvement plans. Bes'tManagement Practices ( BMPs) incorporated into the SWPPP shall be utilized inall project- site development activities. Water quality controls will ensure no increase inturbidity, sediment, or other pollutant loads into Clover Creek or Chum Creek over predevelopment conditions and that storm-water discharges are in compliance with all current requirements of the Central Valley Regional Water Quality Control Board. The developer shall retain a licensed or certified engineering or erosion- control professional toprepare the SWPPP. A copy of the SWPPP shallbe provided tothe City.*63.Storm- drain facilities within both the on-site and offsite sections of Shasta View Drive shall be designed andconstructed to accommodate the ultimate 4-lane street section. These facilities maybeacombination of surface and subsurface conveyance systemsas appropriate to meet City Standards. The
storm- drain system shall incorporate biofiltration, utilizing the parkway between the curb and rightof-way boundary of Shasta View Drive.Biological Resources 64.The developer shall acquire all necessary letters of approval and/or permits from the Department ofFish and Game and theU.S. Army Corpsof Engineers for altering or working within any natural drainage course, jurisdictional waters of the United States, wetland, or riparian habitat prior to the commencement of grading activities and/or construction ofany on- or offsite improvements, including the City-owned parcel to the Packet Pg. 190 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
17 June
23,
2005 65.66.67.Prior toissuance ofagrading permit, the developer shall prepare aSpill Prevention Control and Countermeasure Plan to the City that includes strict onsite handling rules toprevent accidental spillsofhazardous materials during subdivision improvement construction (i.e.,does not apply to house construction) into any water courses or other sensitive biological habitats on-site. The objective ofthe plan will betoprevent concrete, paint, coating materials, petroleum products, or any other substance that could behazardous to aquatic life from contaminating soilor entering a watercourse and identify measures for
immediate cleanup of any accidental spills.* Prior tothe issuance ofagrading permit or approval of project improvement plans by the City Engineer, the developer shall secure aU.

S. Army Corps of Engineers (ACOE)404 Permit for mitigation of development impacts resulting in the loss of on- and off-site jurisdictional waters of the United States and federally protected species. The ipotential impact upon jurisdictional waters is estimated to beapproximately 2.809 acres. Itis anticipated that the ACOE404 Permit may include any (not necessarily all) of the following elements and mitigations with theobjective of determining
the least environmentally damaging practicable project alternative:*ao Section 7consultation with the United States Fish and Wildlife Service (USFWS) inregard tothepresence offederally protected invertebrate species (vernalpool tadpole shrimp) within an on-site vernal pool. Consultation with the National Marine Fisheries Service (NMFS) inregard to potential disturbance of waters that may provide habitat
for afederally protected fish species (Central 'Valley steelhead). Co Avoidance ofthe 2major vernal-pool features near the south boundary ofthe project within Parcels " C" and "D" with appropriate setbacks and maintenance of hydrology. do Purchase of creation credits in an ACOE- approved mitigation bank. The Stillwater Plains mitigation bankisalocal example of such afacility. eo If mitigationbank credits are not available, payment of in-lieu fees to the ACOE. Inkindreplacement/ creation on-site.Purchaseof property containing wetlands withtransfer of ownership to an- appropriate agency approved by ACOE ( e.g., preservation credits).Araptor- nesting survey shall be conducted byaqualified biologist prior to cleating or earth- disturbance activities proposed totake place between March 1 and July
31of any year.

Packet Pg. 191 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
18 June 23, 2005 68.Prior tograding or construction activities in Clover Creek (e.g., construction of Shasta View Drive, connection to sewer trunk line), a Foothill Yellow- legged Frognesting survey byaqualified biologist shall be conducted inthe area of disturbance. If frogsare observed oregg mass( es) found, appropriate relocation measures as recommended by
the biologist shall be implemented.*69.A minimum 100- footn.ondisturbance buffer shall be established around anyorall ofthe identified elderberry bushes located near the west boundary of theproject site Milch have stems measuring 1 inch or more at ground level. The exact location of the bushes shall be identified on the project grading plan, andtemporary fencing on the buffer boundary shall be in place during consla: uction activities in the area. If construction activities are proposed within the buffer area, a Valley Elderberry Longhorn Beetle survey shall be conducted by aqualified biologist in accordance withU.S.

Fish and Wildlife Service (USFWS) protocols and the survey submitted tothe USFWS for. determination of necessary mitigation prior
tocommencement
of the construction activity.*Fire Protection 70.Residential fire sprinkler systems, as approved by the City Fire Marshal, shall be installed inall habitable structures inthe subdivision unless and until City Fire Station No. 7isstaffed with additional personnel and apparatus toadequately serve the project as determined by the Redding Fire Chief. Even with the upgrade of Fire Station No. 7, homes onthe following lots
shall be provided wiith sprinkler systems:* ** ao Lots on cul-de-sacs or dead- end streets as a result of phasing which are more than 600 feet from the street intersection; such lots shall be identified on the final map(s).bo Lots northofStreet "M" unless and untila second public- street access is provided to the development area east of
Clover Creek from apoint other than Shasta View Drive.71.A Vegetation Management/ Fire Fuel Reduction Plan (Plan) shall be submitted in conjunction with project improvement plans for each development phase and be subject to approval by the City .Fire-Marshal and Development Services Director. Thebuildout objective of the Plan shall be toprovide an adequate fire- safety buffer between homes and certain open- space areas through selective removal of 90 percent of
the brush and trees less than 3inches in diameter in the following areas: ao Within 100 feet of the anticipated house sites on Lots 1 through 31; Lots 38 through 41; Lots 112 through 117; Lots 332,
337, and 338; Lot 376; Lots 420 through 442;and
Packet Pg. 192 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
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of Approval Page
19 June
23,
2005

72. 73.

74. Parks,

75. 76.77.78.79.The required fuel-reduction work will be accomplished with the Clearing and grading oftheoverall project. The City recognizes that the Plan may have to be modified from the above standard to meet other resource agency requirements for ground
disturbance near sensitive biological ' habitats. Prior to any vertical construction, a 20-foot- wide all-weather- surface road shall be constructed and remain, serviceable toall developing lots and firehydrants
installed with adequate fire flows available
for fire-suppression purposes. Burning of construction debris is prohibited. Brush piles created by project development shall be abated
prior tothe fire season. Open Space, and Tree Preservation With recordation ofafinal map for the first unitof development, the developer shall make an irrevocable offer of dedication to the City in fee simple absolute for a public park site generallyas shown on the tentative map (pursuant to Chapter 17.42 ofthe Redding Municipal Code). The park site shall be completely located outside the 100-year floodplain of Clover Creek. The final size configuration and nameof the park site shall be approved by the Community Serv:
ices Director
and inaccordance with the requirements ofthe project Development Agreement. The developer shall entcr into an agreement with the City requiring the developer to fully improve the public park site and receive credit toward the subdivision's City Park and Recreation Facilities Impact Fee obligation. The developer shallbe responsible for thepark design in coordination with the City's Community Services Department and securing of permits from agencies otherthan theCity necessary for construction. Park improvements shall be completed in acc, ordance
with the requirements and schedule containedin the project s),
Development Agreement. With recordation of a final map( the developer shall dedicate to the City in fee simple absolute the open-space area identified as Parcel "B" onthetentative map. This area as a minimumshall encompass- the 100-year floodplain, of Clover Creek as determined by the.~Clover Creek Preserve FEMA Letterof Map Revision. Theland grant shall befor the purpose of maintaining open space andfloodplain safety and for public trails and other uses allowed by the City's "OS" Open Space zoning district. However, the dedication shall be infee simple
absolute and no reversionary interest or condition subsequent shall be vested in permittee. Individual property lines shall extend through Parcel "E"
and thearea identified as privateopen- space easements on the final map( s).With recordation ofa final
a
map(s), Parcel "C" and Parcel " D" shall be either be placed in private open- space easement( s) in a manner approved by the City, or protection and preservation otherwise achieved ina manner established Packet Pg. 193 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of ApprovalPage
20 June 23,2005 0o All subdivision lots and streets shall be located outside ofand above the 100- year floodplain of Clover Creek and :meet the setback andeasement requirements of Chapter 18.48 River/Creek Corridor Development asthey pertain to Clover Creek (e.g., 25-foot setback from riparian zone or 50- foot setback from top ofbank, whichever is greater). Adequate information todetermine compliance with thiscondition
shall be
a
provided with the project improvement plans.* 81.The finished floor elewition of all lots shall be minimum of1foot abovethe 100-yearfloodplain elevation of Clover Creek. Compliance with thisrequirement shall be determined with review of project improvement plans, excepting Lots 112 through 117, 332, 337, and 338. For these lots, anas-built grading plan shall be submitted to the Planning Division after construction demonstrating compliance, or elevation
certificates shall be required with application for abuilding permit.** 82.Preservation of existing treeswith a diameter of 6inches ormore at 4.5feet above the ground ( unless otherwise specified) shall beincorporated into theproject inorder to satisfy the purposes of Chapter 18.45 Tree Preservation ofthe Redding
Municipal Code:a. Trees within Parcels "C," "D," and "E."bo Trees within the parkways
between the curb and right-of-way boundary along Shasta View Drive.Co Selected trees
within the public park site as determined by the Community Services Department.d°Trees with adiameter of12inches or greater within the rear- yard setbackof any lot where grading
is not necessary to achieve the lot drainage requirements of the City Engineer. Grey pines meeting the above size and location standards for preservation may be removed upon a demonstration that theymaycurrently or in thefuture threaten aprivate or
public
improvement. The tree-preservation plan shall be incorporated intothe project improvement plans. · ........... ~ ..................................... Archaeology 83.Ifany archaeology resottrces (human skeletalremains, culturally modified lithic materials, structural features, or historic artifacts) are encountered during ground-disturbing activities, all such activities shall be halted within a 55-yard radius ofthe discovery, and aqualified archaeologist shallbecontacted
to
determine the nature of the find, evaluate its significance and, if necessary, recorranend appropriate mitigation.*Noise

84. Packet Pg. 194 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
21 June 23, 2005 85.All homes on lots next to Shasta ViewDrive shallbe provided with air-conditioning systems to allow occupancy with doors
and windows closed.Air Quality 86.The following Standard Mitigation Measures (SMM) shall beimplemented during grading and construction activities to control dust and PMl0 emissions:* a. Nontoxic soil stabilizers shallbe applied according to manufacturer'sspecification toall inactive construction areas ( previously graded areas inactive
for 10 days or more).bo Reestablish groumd cover on graded and exposed portionsofthe construction
site through hydroseeding and mulching. Co All grading operations shall be suspended when winds (as instantaneous gusts)
exceed 20 miles per hour. Temporary traffic control as directed by the City Engineer shall be provided as appropriate during all phases of constructionto improve traffic
flow ( e.g., flag person). eo Co. nstmction activities that could affect traffic flow shall
be scheduled during off-peak hours. Active construction areas, haul roads, etc., shall be watered at least twice daily or
more as needed to limit dust. Exposed stockpiles of soil and other backfill material shall either be covered, watered, or have soil binders added to inhibit dust and wind erosion. ho All trucks hauling soil and other loose material shall be covered or should maintain atleast2feetof freeboard (i.e., minimum vertical distance between top of the load and the trailer) in. accordance with the requirements of CVC Section 23114. provision This is enforced .bY l°c.a! ! aw enforcement agencies. All public roadways used by the project contractor shall be maintained free from dust, dirt, and debris caused by construction activities.

Streets shall be swelpt at the end of the day if visible soil materials are carried onto adjacent public paved roads.Wheel washers shall be used where vehicles enter and exit unpaved roads onto paved roads, or trucks, and any equipment shall be washed off
leaving thesite witheach trip.Open burning ofc, leared vegetation shall be prohibited. Cleared vegetation shall be treated bylegal means otherthan open burning, such aschipping or grinding on-site, or transport to an appropriate receiving facility. Such methods shall be noted on improvement plans. Atnotime shall open burning of materials generated
Packet Pg. 195 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
22 June
23, 2005 87.88.The following mitigation measures shall be implemented during construction of the subdivision toreduce temporary Nox emissions as recommended by theShasta County Air
Quality Management District (SCAQMD):*ao The applicant shall provide aplan for approval by the SCAQMD, demonstrating that off-road vehicles and equipment with 50 or more horsepower tobe used in construction oft]heproject will achieve aprojectwide fleet average 20 percent Nox reduction and 45 percent particulate reduction compared tothe most recent California Air Resources Board fleet average at the time of construction. bo The applicant shall submit to the SCAQMD a
comprehensive inventory of all off-roadconstruction equipment with 50 or more horsepower that will be used anaggregate of 40 or more hours during any portion ofthe construction project. Theinventory shall include the horsepower rating, engine- production year, and projected hoursof use orfuel for each piece of equipment. The inventory shall be updated and submitted monthly throughout the duration of the project, except that aninventory shall not be required forany 30- day period in which no construction activity occurs.c.

All construction equipment shall be properly tuned and maintained. Equipment operators shall be
instructed to minimize equipment idling time to10 minutes. eo Existing power sources instead
of temporary power generators shallbeutilized whenever possible. The following Standard Level "A" Mitigation Measuresas identified in the City of ReddingAirQuality Element ofthe Genera! Plan shall be implemented to minimize overall air quality impacts as a result of buildout of the subdivision:*a°All homes shall be equipped with
energy- efficient process systems for heating equipment and water heaters. bo An electrical outlet shall be installed inthe front
yard and backyardofall homes for electrical yard equipment. Co Any woodbumin,g stoves installed in a home shall be Environmental Protection Agency- Phase II certified. Inaddition tothe above, the following
built- in project elements serve as mitigations
to minimize overall air quality impacts:d. Bus
stops along Shasta View Drive.e. Provision of bike
Packet Pg. 196 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
23 June 23, 2005 Miscellaneous 89.A uniform 6-foot-high, solid-wood fence or equivalent shall be constructed in conjunction with subdivision improvements along the rear property lines ofLots 338 through 376. Construction and design details of thefence shall
be approved by the Development Services Director. 90.Neighborhood identification shall not duplicate the nameof existing subdivisions in the
Packet Pg. 197 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) June 23, 2005
Douglas DeMallie
Tentative Subdivision Map ApplicationS7-03 Planned Development Application PD-5-
04 Shastina Ranch Subdivision
Draft Conditions
of APproval General Requirements Conditions marked with anasterisk are also environmental mitigation measures. Conditions marked with a double asterisk are to be indicated on the final map as notes. Approval is granted to develop . the 446-home Shastina Ranch Subdivision/ Planned Development. The finalmap shall be prepared and development commenced in accordance with thetentative map and related planned development plan as approved by the City Council on The requirements of these conditions shall prevailnthe event that there is anyinconsistency between a condition and information or data presented on thetentative map orinthe planned development plan. Implementation of these conditions shall also bein conformance with the project Development Agreement. The standard conditions for subdivisions delineated in Resolution 92-18 shall be
met as marked on the attached fbrm.The developer shall note that Section 711.4 of the State Fish and Game Code requires payment of a fee to the County Clerk for filing aNotice of. Determination for an environmental document; payment of this fee is the responsibility of the proponent. project In accordance with Chapter 18.40.040 ofthe Zoning Code (Compliance WithMap Requirements), all conditions applicable to postsubdivision construction ( as marked with a double asterisk **) shall be noted on the final mapunder a "Statement of Conditions" toprovide notification to future property owners of building
limitations and other requirements for the subdivision. Acquisition ofall off-site :interests in title or easements necessary to satisfy the requirements of the subdivision approval shall be the responsibility of the developer. Inthe event thedeveloper isunable toacq~uire such interests, thedeveloper may petition the City Council for adoption ofaresolution initiating eminent domain proceedingsoverthe lands needed for the off-site improvement's? The developer shall bear all costs for such
proceedings, including attorney fees, court costs, and land- value costs.oPrior to issuance ofa grading or building permit, thedeveloper shall secure approval of improvement plans for all public- street, utility, and drainage infrastructure and public park and trail facilities from theCity Engineer. Unless otherwise noted herein, all public- street, storm- drain, and utility improvements required of the subdivision shall comply with City Public Works Construction Standards
or
equivalent asstandards approved Packet Pg. 198 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
2 June
23, 2005 o10.The following notation shall be placed on the final map with instructions that it be disclosed in the title report issued upon conveyance of any lot/ home within the subdivision: "This subdivision islocated within the airport influence area of the Redding Municipal Airport. Aircraft and helicopter flights will occur over the subdivision, and the number of flights will increase as aircraft
activity at the airport increases."* ** At the time ofrecordation ofafinal map(s), the property owner shall grant theCity of Redding anavigation easement forflight operations of the Redding Municipal Airport. The form and content ofthe easement shall be approved by the City Attorney.*This condition shall be recorded on the final map and noted in the title report. The escrow instructions for the saleof each lotshall require that the purchaser and seller sign a statement that they have read and understand this conditionof sale.

The property owner(s) shall consent tothe formation ofand participation in a landscape maintenance district tbr all:**Irrigation, landscape, and arterial fencing within the public rightof way of Shasta View Drive.Irrigation and landscape within the public right-of-way of all internal local
streets,including parkways between the curb and gutter. Irrigation and landscape associated with pedestrian
connections between internal streetsand Shasta View Drive.doIrrigation and landscape associated with the pedestrian
path between the project and Rancho Vista Way.eo All subdivision entrance features
and monument identification located
within the public right-of-way.f. Park andtrail facilities.

Storm-water detention facilities, including those
located within the public park.

Storm- water treatment facilities and erosion- control measures. Vegetation management for fire-fuel reduction. Said district shall be formed inaccordance with the following: ao Prior torecordation ofa final map, the property owner(s)
shall submitalandscape maintenance district petition andconsent form, a landscape maintenance agreement form, and applicable application fees tothe Development Services Department. The district shall be formed and the landscape installed prior to issuance ofabuilding permit for any structure within the subdivision. Formation of the district will
A
obligate each lot owner within the subdivision toparticipate in the district. cost-escalation clause will Packet Pg. 199 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of ApprovalPage
3 June 23,2005 bo The landscape and associated irrigation system for thedistrict shall be designed inaccordance with the specifications available fi. om the Development Services Department and installed in accordance with thefinal plans as approved bythe City.The landscape and irrigation plans shall besubmitted tothe Development Services Department at thetime the subdivision improvement plans aresubmitted to the Engineering Division andare subjectoapproval prior to recordation of a final map.Co The irrigation system shall be installed and accepted bythe City inconjunction with the public improvements within the subdivision; landscape improvements shall be installed and accepted by the City prior toissuance ofa building
permit within the subdivision. do The developer shall be responsible for all costs and fees associated with the formation, installlation, and connection to City of Redding Electric and water utilities. Such fees include, but are not necessarily limited to, formation costs, meter fees, connection charges, benefit fees, inspection fees, and development fees. The developer shall also be responsible for maintenance of the landscape and irrigation system until such time as the district is formed and fees are levied. The minimum maintenance responsibility shall be 90 days for plant material and 1year for the irrigation system from the date improvements are accepted by the City.Planned Development
and Site Design Requirements 11.Development ofthe lots and project features/ amenities shall be consistent with the exhibits contained inthe Shastina Ranch Planned Development Plan approved inconjunction
with the tentative subdivision map.** 12.Lot configuration and development shall comply with the requirements of the zoning district applied to the property in. accordance with Chapter 18 ( Zoning Ordinance) of the Redding Municipal
Code with the following exceptions:**ao The minimum lot width and size of certain lots on the east side of Clover Creekmay be below the "RS-.3" District standardof 70 feet and 7,000 square feet, respectively, as
shown
on the tentative map. -"b. All comer lots shall have a minimum width of 65 feetatthestreet. The minimum front-yard setback for homes on Streets " J" through " T" may be 13 feet except garages, which will have a
minimum setback of 20 feet).13. Lots 1, 42, 43, 44, and 46 shall beadjusted, or additional land acquired, as necessary
to conform toproject boundaries. 14.The development ofindusltrial Parcel "A" shall meet requirements the of Section 18.40.020,Buffer Yards,
Packet Pg. 200 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of ApprovalPage
4 June
23,2005 15.16.Prior to recordation of a final map for thefirst phaseof development, acomprehensive final project development plan shallbeapproved by the Development Service Director. This
plan shall consist of:a. Any modifications orupdates of the Planned Development Plan exhibits. b. Landscape plan forall street and project- amenity landscaping.c.

Project- entrance and
identification sign features.d. Decorative streetlights. e. Shasta View Drive wall
design. f. Park and trail facilities. The developer shall construct a public trailonboth sides of Clover Creek generally located as shown on the Planned Development Plan and tentative map exhibits, including sections on the City property to the north. The section of trail on the east side of Clover Creek shall beconstructed prior to or inconjunction with construction of the adjacent public park improvements. The section of trail on the west side of Clover Creek shall be constructed with the first phase of development of that area located between Shasta View Drive and Clover Creek. The structural section for the trail and connections tothe subdivision shall comply with Cityof Red. ding Construction Standard 111. 0 and be as follows: On the east side of Clover Creek, an8-foot-wide asphalt section with 2-foot-wide compacted base slaoulders between Shasta View Drive to the south
and the west end of Street "P" to
the north.b. Onthe west side ofClover Creek:

An 8-foot-~wide asphalt section with 2-foot-wide compacted base shoulders between Shasta ViewDrive to thesouth and the north
project boundary at point converging with the sidewalk along ShastaView Drive. 2)A 1O-foot- wide asphalt section with 2-foot-wide compacted base shot~lders on the Ci~' property to the north.

This section of trail shall incorporate
adrinking fountain, benches, picnic tables, trash receptacles, and signage as specified by the Community Services Director. All trail sections willbe
designed toavoid removal of, yet also meander in proximity to, significant trees to the extent feasible. Internal connections to the trail shall be constructed at the west end of Packet Pg. 201 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of ApprovalPage
5 June
23,
2005 Streets 17.18.Thedeveloper shall be responsible for securing of permits from agencies other than the City necessary toconstruct the trail improvements.

The Cityrecognizes that some schedulin.g, alignment, or design modifications may be necessary
to secure these permits. f.The land and construction costs of the trail will not becredited toward the project'sPark and Recreation Facilities Impact Fee obligation, except for that section located
within the
public park.and Circulation A maximum of49 lots tnay be recorded on each side of Clover Creek withasingle access provided by an extension of Shasta View Drive from either Rancho Roador Airport Road,generally on the alignment delineated onthe tentative map. Upon recordation of the 50th lot on either side of Clover Creek, Shasta View Drive shall be constructed to connect Rancho Roadand Airport Road, :including the necessary crossing at Clover Creek. As an alternative to the 49-1ot limit on the east side of Clover Creek, additional lots beyond 49 maybe
recorded under the following requirements: ao A temporary second eastbound lane is constructed in Shasta View Drive between Airport Road and Street "Q"; the second lane shall be converted to the landscape median required by other conditions of the tentative map approval at the time the Shasta View Drive connection between Airport Road
and Rancho Road is completed.* bo No more than 49lots may be recorded prior to construction of Street "I," providing asecond access to the subdivision from Shasta View Drive.c. None of the additional lots may be recorded north of Street "T."Shasta View Drive shall be designed based upon a35 mile -per-hour design speed, minimum centerline radius of 800 feet, minimum tangent between reverse curves of100 feet, and meeting
sight distance standards at all intersections. On-site, Shasta View Drive shall be constructed tothe following standard: a. Where project development is adjacent to both of sides Shasta View
Drive: 1) Dedication ofa142-foot right-of-way.
2)A16-foot-wide landscape median, two 12- foot- wide
travel
Packet Pg. 202 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
6 June
23, 2005 20.Co 3)A10-footwide, 4-inch-thick meandering concrete pedestrian/ bicycle path and landscape parkway between the. curb and right-of-way boundary. The path shall beconstructed atalocation and elevation based upon the ultimate widening of Shasta View Drive to 4 lanes and be
separated a minimum of 10 feet from the ultimate curb line.4)Turn lanes at allintersections as defined inthe Traffic Impact Study and as
specified by the City Engineer inconformance with standard engineering practice. 5)Arterial wall
and landscape improvements required by other conditions ofthis entit][ement. Where Shasta View Drive is adjacent to designated open space, theright-of-way width may be reduced to
127
feet and the parkway width adjacent to the open space reduced accordintgly. doAtraffic circle at the intersection of Shasta View Drive and Street "D" with
necessary right-of-way and improvements inaccordance with the specifications of the City Engineer. Additional right- of- way will be dedicated as specified by the City
Engineer to accommodate afuture traffic circle at the
intersection ofShasta View Drive and Street "H."Off- site, Shasta View Drive shall
be improved as follows: On Assessors' Parcel
No. 054-510-27 (property immediately west of Lots 102
through 112):1) Dedication of100 feet of right-of way.
2)A 16-foot-wide landscape median, two
12- foot- wide travel lanes, 6-foot-wide paved
shoulders symmetricaltothe ultimate centerline, and vertical curb and gutter on the project side of the street.3)A1
O-footwide, 4-inch-thick meandering concrete pedestrian/ bicycle path and landscape parkway between the curb and right-of-way boundary. The
path shall be constructed atalocation and elevation based upon the ultimate widening of Shasta View Drive
to 4 lanesand be separated a minimum of
Packet Pg. 203 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
ofApproval

with theCity or otherwise secure approval for use of City property for construction of this section
of Shasta View Drive.2)A 16-foot-wide landscape
median, two 12-foot- wide travel lanes, 6-foot-wide paved shoulders symmetrical to the ultimate
centefline, and vertical curb and gutter on the east side. 3)A1 O-foot- wide asphalt pedestrian/ bicycle path with 2- foot-wide compacted base .shoulders on the east side designed to meander within openspace between the curb and Clover Creek. The structural section of the trail shall comply' afth City of Redding Construction Standard 111.0. (This section of trail
will be asubstitute fora
sidewalk along the east side of Shasta View Drive.)Remaining off-site section to Rancho Road:
1) Dedication ofa60-foot-wide right-of-way and any
additional right-of-way necessary totransition into Rancho Road.2)Two 12-fi)ot- wide travel lanes and 6-foot-wide paved shoulders separated by 16 feet for a furore landscape median symmetrical tothe ultimate centerline. Thedesign fora .median
at the intersection with Rancho Road may be adjusted fbr or eliminated as necessary toalign with existing Shasta View Drive nox~ h of Ranch Road.3)Traffic control, striping and signage, mm lanes, and acceleration and deceleration lanes, tie- in paving, and AC overlay toprovide for conformance tothe existing roadway at the intersection of Rancho
Road and Shasta
View Drive. Ultimate intersection geometric as defined inthe Traffic Impact
Study, Figure 6-6, and including 6-foot
bike lanes,
shall be constructed as follows: a) Rancho Road:

One
370-foot eastbound lei't-tm lane (including 904hot bay
Packet Pg. 204 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
8 June 23, 2005
do b) Shasta View: Two 360- foot northbound
left-turn
lanes and 1northbound thru lane.The northbound right mm isshared with the thru lane. One 315-foot
southbound
left-turn lane and 1
southbound thru lane.One 280-foot
southbound right- mm lane. Remaining off-site section to Airport Road:1) Dedication ofa60-
foot right-of-way and any additional right-of-way necessary to transition into Airport Road.2)Two 12-tbot- wide travel lanes and 6-foot- wide paved shoulders separated by 16 feet for a future
landscape median symmetrical to the ultimate centerline. The design foramedian at the intersection with Airport Road may
be adjusted : for or eliminated as necessary to align with the planned street on the opposite side of Airport Road.3)Traffic control, striping and signage, mm lanes, and acceleration and deceleration lanes, tie-in paving, andACoverlay to provide for conformance tothe
existing roadway at the intersection of Airport Road and the New Connection.

Ultimate
intersection geometric as
defined in the Traffic Impact
Study, Figure 6-6, and including 6-foot bike lanes,
shall
be constructed as
follows:al) New Connection: One
300-foot eastbound left-mm lane. The 1eastbound travel
lane becomes
right-turn only at
the intersection. b) Airport Road: One 340- foot northbound leftPacket Pg. 205 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of ApprovalPage
9 June
23,
2005

21. 22.

23. 24.

25.26. 27.28. Prior to recordation of the 120th lot, the developer shall install a traffic signal at the intersection of Rancho. Road and Shasta View Drive and the intersection modified as necessary to achieve a fully activated system for both vehicles and pedestrians. Improvements shall include all necessary wiring and installation of hardware ( video detection, indicator heads, buttons) and street striping for the traffic signal to respond to pedestrian or vehicle- phase request. Intersection improvements shall include any necessary modifications to the existing Shasta View Drive north of Rancho
Road to accommodate the signal.* Prior to recordation ofthe 200~' lot, the developer shall install atraffic signal at the intersection of Airport Road and Shasta View Drive and the intersection modified as necessary to achieve a fully activated system for both vehicles and pedestrians. Improvements . shall include all necessary wiring and installation of hardware ( video detection, indicator heads, buttons) and street striping forthe traffic signaltorespond
topedestrian or vehicle-phase request.*Bus-stop turnouts and passenger shelters for Redding Area Bus Authority ( RABA) service shall be incorporated into the onsite improvement ofShasta View Drive in locations specified by R_ABA. Improvements shall be inaccordance
with City of Redding Construction Standard 120.00.*The Shasta View Drive crossing of Clover Creek shall bedesigned to accommodate future widening to 4 lanes, pass flows from a100-year-storm event, and incorporate designand material features consistent with the Shasfina Ranch Planned Development Plan to
the extent feasible and as allowed by the City Engineer. No portion of the ultimate alignment ofShasta View Drive shall encroach into the100-year floodplain of Clover Creek, except the actual creekcrossing, unless approval is granted under the provisionsofChapter 18.51 of the Redding Municipal Code. The ultimate alignment, width, and construction of Shasta View Drive shall be designed to locate theexisting Redding Electric . Utility ( REU) l15/12kV power poles within the parkways a minimum of 3 feet from the ultimate curb line. Where noalternative isfeasibleas determined by REU aS~d the'City Engineer, an existing pole(s) may belocated within a landscape median or traffic circle with provision of adequate vehicular protection and maintenance access. The .cost of any necessarypole
relocation to meet this requirement shall be the responsibility of the developer. Individual lot access rights to and from Shasta View Drive shall be waived.A minimum 6-foot-high masonry sound wall shall be constructed at the boundary of the Shasta View Drive right-of-way adjacent to all residential lots; the wall is not required adjacent toany open- space areas. The wall shall be constructed of decorative masonry materials that have adensityof4pounds per square foot. The wall design shall incorporate materials providing 2 distinct surface reliefs, columns/ pilasters articulated aminimum of 2inches from theface of Packet Pg. 206 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
andPD-5-04
Draft Conditions
of ApprovalPage
10 June
23,2005 29.30.The structural design of the wall along Shasta View Drive shall meet applicable loading pressures as defined by
the Uniform Building Code. Internal local streets shall be improved
generally
as
follows:

Streets
1)
2)
3)
4)
Streets
1)
2)
3)
4)
Streets1)2)3)Right-of--way encompassing
the full street- improvement section from back of
sidewalk to baCk of sidewalk (61
feet).40-foot-wide curb-face tocurb-face street
section.

Vertical curb, gutter, 6-foot-wideparkway, and4-foot-wide sidewalk on both sides. The developer shall acquire the necessary off-site fight- ofway for Street "B"as shown on the tentative map without the use of
eminent domain, or
thesubdivision design shallbe modified so that
the full street right-of-way is onsite.H" and 'T':Right-ofway encompassing the full street- improvement section from back of sidewalk toback of sidewalk (57feet).40-
foot-wide curb-face tocurb-face street section. Vertical curb, gutter, 6-
foot- wideparkway, and 4-footwide sidewalk adjacent to theresidential lots and the public park site.Vertical curb, gutter, and
6-foot-wide parkway adjacent to
the Clover Creek open space.J" throug]h "R" (except "
M"):

Packet Pg. 207 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7.-03 and
PD-5-04 Draft
Conditions of
Approval Page 11
June
23,
2005

31. 32.33.
d. Street "T" : 1)Right- of-way encompassing the full street section fi. om backof sidewalk to
back ofsidewalk (60 feet).
2) 30-foot-wide curb- face-to-curb-face street section.3) Vertical
curb, gutter, 1O-footwide parkway and 4-foot-wide sidewalk on both sides.4) Low-profile " No Parking" signage. Pedestrian connections between internal streets "G," "R," and "V" and Shasta View Drive and Street "P" and Rancho Vista Way shall beprovided as indicated on the tentative map.A minimum 32-foot-wide public easement( s) shall be provided toShasta View Drive and a20-foot-wide public ease,'ment to
Rancho Vista Road. Theeasements shall be improved with an 8-foot-wide concrete sidewalk and the remainder of the easement landscaped.A1O-foot-wide public- service easement shall be provided adjacent tothe outside edge ofthe separated sidewalk on all internal streets. On those
sections of Streets "H" and " I" adjacent tothe Clover Creek open space where no sidewalk is required, a 5-foot-wide public- service easement shall be provided. All
landscape features within an on-site
street right-of-way shall be landscaped and an irrigation system provided at the time of construction of the streetimprovements. These features consist of:
a. Medians within Shasta View Drive.b. Traffic circle at tJhe intersection of Shasta View Drive and Street "D."Co Parkways between the curb and right-of-way boundary within Shasta View Drive.

Where adjacent 'todesignated open space, the landscape between sidewalk and right-of-way bptmdary shall be designed to blend into the natural features of the open space with emphasis on preservationof existing trees. d. Parkways between the curb and sidewalk of all intemal streets. Additional street: scape enhancements along intemal streets as presented on the tentative map and the Shastina Ranch Planned Development Plan (e.g., length of Street "T"; intersections of Streets "
Packet Pg. 208 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
12 June
23,
2005

34. 35.36.37.38.The right-of-way for Street "P" may encroachinto the C!ty-owned land (Assessor' sParcel No. 054-510-026), only ifit is demonstrated to the satisfaction ofthe Development Services Director that the encroachment accommodates efficient lot configuration and enhances public access to theClover Creek Trail.City- standard decorative streetlights (Construction Standards 557.00 through 574.01) shall be provided along the on-site section of Shasta View Drive and all internal streets. Construction access tothe site shall be identified onthe project improvement plans.

Temporary or permanent traffic- control and access improvements or measures shall be provided as required by the City Engineer. Use of Sylvia Lane, Belinda Way,
Rancho Vista Drive, and Palo Verde Lane for construction access is prohibited. Prior to issuance of anentitlement forfurther division, development, or use of the industrial Parcel "A," the applicant, owner, or successor in interest shall inconsultation with. the City prepare aproject study report to determin~ preliminary construction design andthe appropriate Shastina Ranch project share of thecost of the following improvements:* **ao Determination ofan alignment and widening to a4-lane arterial standard the section of Chum Creek Road between South Bonnyview
Road
and Rancho Road, including reconstruction ofthe Chum Creek bridge as necessary. CoRealignment/ reconstruction of theintersections of Victor Avenue and Rancho Road with Chum Creel~CRoad to. provide adequate traffic control and turn lanes.Placement ofatraffic signal at the intersection of Rancho Road andAlta Mesa Drive. The Shastina Ranch pro-rata share shallbe paid, orafunding mechanism approved by the City,
prior
to
issuance of an entitlement for further division, development, oruse of industrial Parcel "A."ao boThe developer shall pay the Citywide
Transportation Development Impact Fee in accordance with Chapter 16.20of the Redding Municipal Code.*Prior tofiling of a final map for residential development or issuance ofentitlement or building permit for development of the industrial land, theapplicant, owner, or successor in interest shall agree to participate with the City of Redding inafunding mechanism toensure the construction
ofimprovements at the Chum Creek Road/Victor Avenue/ Rancho Road intersections as necessary to maintain acceptable level- of-service operations. The applicant, owner, or successor in interest shall agree to
Packet Pg. 209 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of ApprovalPage
13June
23,
2005
S~
we~

40. 41. 42.43.44.Co Notwithstanding ( b) above, up to a maximum of 120 lots maybe recorded on the east side of Clover Creek with sole access from Airport Road (i.e., no crossing of Clover Creek) prior to final establishment of a funding mechanism for the improvement ofthe Chum Creek Road/Victor Avenue/ Rancho Road intersection. Pay~nent of a project- specific facility fee, established by the City Councilor its designee equal to the project'spro rata share of the intersection improvements, shall be made atthe
time of issuance of
a building permit.Water, and Electric Utilities No unit or phase of the subdivision shall be recorded unless it is contiguous to animproved public street and sewer', water, electrical, and drainage facilities adequate to serve the property have been extended to the unit or phase boundary. Sanitary sewer, water, electric, natural gas, communication, and cable-distribution lines, including main lines and service laterals, shall be extended and sized toserve each lot inthe subdivision toprovide logical extensions of service to adjacent properties and accommodate improvements constructed with the trail sectiononthe City-owned parceltothe north Assessor' sParcel No. 054510026).

These utilities shall beinstalled inaccordance with the capacity, construction, and testing standards of the City or other responsible agency or utility. Sewer lines within the subdivision shall be sized as
necessary toaccommodate upstream development inan orderly fashion.A24-inch watbrline shall be extended in theShasta View Drive right-of-way, providing a loop connecting to existing waterlines in Rancho Road and Airport Road in accordance with the City ofRedding Mast~ x Water Plan. The waterline shall include a lateral for connection to the City well site as shown on the tentative map and water service to the City- owned parcel to the north (Assessor'sParcel No. 054-510- 026). The developer may seek reimbursement forcost of line oversizing beyond the requirements of the subdivision in accordance with Chapter 14.08 ofthe Redding Municipal Code. The actual labor costs of improvements to be eligible for reimbursement shall
be as determined by the City Engineer andas allowed by the Redding Municipal Code. The developer shall grant to the City ofRedding awell site with a minimum size of 200 feetby 200 feet ( 40,000 square feet) on the west side of Shasta View Drive generally as shown on the approved tentative map. The City agrees to pay foratest wellto determine water quality analysis todetermine ifaproduction well can be developed. Ifwater quality analysis isnot satisfactory, the City may require that an alternate sitebe tested and developed. Water service within thesubdivision and fire hydrants shallbeprovided inaccordance with the specifications ofthe Entgineering Division and in a manner satisfying the California Fire Code.

All fire hydrants must have a minimum fire flow meeting Appendix III "A" ofthe California Fire Code, plus meet the maximum daily demand for the area. Fire-hydrant locations shall beapproved by
Packet Pg. 210 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
ofApproval
Page' 14 June23, 2005 45.All on-site and off- site sewer, water, electrical, storm- drain and other public-utilityinfrastructure shallbe placed in apublic-street fight-of-way or public-service easement ina location approved by ~te Engineering Division. The developer shall be responsible for acquisition of all necessary off-siteright- of-ways or easements. 46.A note shall be placed on the final map( s) that no buildings, mechanical
equipment, decks or patios, orsimilar permanent improvement may be placed within apublicservice easement.**47.Vehicular access form~fintenance purposes shall be provided toall utility infrastructure outside
a public right-of-way as determined necessary by and ina manner approved by the City Engineer. 48.Before approval ofthe final improvement plansbythe Engineering Division for plan check,theapplicant
shall also incorporate 1 copy of the City of Redding Electric Department plans for providing electric se~Mce.49. Electric- supply facilities, shall be furnishedand installed in accordance with the Electric Utility Service
Policy Resolution currently in effectatthe time the developer' s plans are approved by the Cityof Redding. 50.The developer shallberesponsible for all costs associated with the relocation or modification of utility facilities necessitated by the construction ofimprovements required asacondition of approval of this project, including reimbursement to Cityof Redding Electric Utility.Other utilities may require reimbursement for projects) related costs as well. 51.The final subdivision map( shall indicate minimum building setback lines necessary to comply with Redding Electric Utility (REU) standards for structure clearance from pad- mounted transformers; the setback shall be indicated onlyonthose lots where the setback requirement of the City Zoning Ordinance will notsatisfy theREUstandard. 52.The existing Redding Electric Utility (REU) 115/12kV transmission- line easement shall be identified on thefinal map(s). An all-weather-access road and easement to the section
ofthis line south of
Lots 39 and 40 shall be provided in amanner that avoids impacts upon sensitive' environmental features in this area.Grading, Drainage, and Water Quality53.

An application shall be submitted tothe City Engineer for cleating and/ or grading permit.Improvement plans for cleating, grading, drainage, utilities, and other required improvements shall be approved by the Engineering Division andother concerned City of Redding departments prior to the beginning ofany clearing orgrading activities or site improvement activities and will be inconformance to Redding Municipal Code (RMC) Title 16.12. An Interim Erosion and Sediment Control Plan (Interim Plan) shall be included aspart of all cleating andgrading permit applications and will be approved by the Engineer City Packet Pg. 211 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
ofApproval
Page
15 June23,
2005

54. 55.

56.57.58.59. Prior toissuance ofagrading permit, the developer shall prepare a Storm Water Pollution Prevention Plan andsecure a Construction Activity Storm Water Permit from the Regional Water Quality Control Board ( RWQCB) ifrequired by law. Additionally, all applicable provisions of the City of Redding Grading Ordinance (Redding Municipal Code Chapter 16.12) shall be met. This will require inpart that an Interim Erosion and Sediment Control Plan beprepared that establishes specific measures and Best Management Practices to minimize soil erosion: during and after construction activities. Approval and installation ofinterim erosion- and sediment- control measures shall be coordinated with thesequence of grading and development soas tobe in place by September 1of any year. The details ofthe Interim Erosion and Sediment Control Plan and any applicablewater quality mitigation requirements ofthe. RWQCB shall beincorporated into the final project improvement plans and befully implemented by the developer as approved by theCity Engineer. Priorto improvement- planapproval, the applicant shall obtain approval for storm-water peak flow in accordance with City Council Policy 1806 and thespecifications ofthe Engineering Division. Such measures: shall address impacts from the 10-, 25-, and 100- year-storm events. Projects shall address peak flows to maintain predevelopment levelsatall locations downstream ofthe project. A hydrological drainage report shall be prepared byaqualified engineer and will be provided to
the Engineering Division with submittal of site improvement plans. Storm- drain detention facilities shall conform to the design intent of City General Plan Goal CDD6 for function and aesthetic value. Upon agreement with the City and design approval by the City Engineer antd Community Services
Director, storm-water detention may be incorporated intothepublic park.

Any storm- water detention facilities constructed within the electric- utility easement( s) onindustrial Parcel "A" as shown
on the tentative map shall require the written consent of the utility provider.Afinal map for any portion of the project within the Chum Creek watershed shall not be recorded until a final method of conveying storm water to Chum Creek, either as described in the project EIR-1-03 or other functional alternative, is approved by the City Engineer. Any storm- drain c0nve'? an% ' utilizing or otherwise
affecting Anderson CottonwoOd Irrigation District (ACID) easements orfacilities shall necessitate the written approvalof ACID.*All drainage outlets into Clover Creek or any other natural drainage feature are toincorporate water-velocity- attenuation and sedimentation devices to minimize erosion or shall be extended so as to discharge without eroding the natural channel. The stormdefined drain outlets
channel;
are to
the
be extended so as to discharge into a
developer shall cause thededication of any off-site easements necessary to accommodate the extension and provide maintenance access as required by the Engineering Division. The outlet shall include a concrete headwall with wing walls, a smooth concrete apron, and water- velocity- attenuation devices to minimize erosion.

Packet Pg. 212 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
16 June 23, 2005 60. Drainage systems shall be designed andinstalled so that runoff collected from roof drains and other improvements are conveyed directly to thestreet or other acceptable drainage system with no lot-to-lot drainage allowed, unless approved by the City Engineer. The minimum grade of all lots, either toward the street or open space, shall be 2percent.61.Project development shall incorporate storm- waterquality provisions set forth inthe City' s Storm Water Quality Improvement Plan and thestatewide general permit (Water Quality OrderNo. 2003-0005-DWQ).

Best Management Practices (BMPs) tailored tothe project to maximize the reduction of pollutant loading instormwater runoff shallbe implemented tothe maximum extent practicable.*62.Incompliance with the requirements oftheState General Construction Activity Storm Water Permit, the project deve. loper shall prepare a site and construction- phase- specific Storm Water Pollution Prevention Plan (SWPPP) in conformance with the California Storm Water Quality Association Construction Handbook. The SWPPP shall be subject to theapproval of the CentralValley Regional Water Quality Control Boardand incorporated into the project improvement plans. Best Management Practices (BMPs) incorporated into the SWPPP shall be utilized in all project-site development activities. Water quality controls will ensure no increase inturbidity, sediment, or other pollutant loads into Clover Creek or Chum Creek over predevelopment cortditions and that storm- water discharges are in compliance withall current requirements ofthe Central Valley Regional Water Quality Control Board. The developer shall retain alicensed or certified engineering or erosion- control professional to prepare the SWPPP. Acopy ofthe SWPPP shall be provided to the City.*

63. Storm- drain facilities within both the on-site and off-site sections of Shasta View Drive shallbe designed and constructed toaccommodate the ultimate 4-lane street section. These facilities may beacombination of surface and subsurface conveyance systems asappropriate to meet City Standards.

Thestormdrain system shall incorporate biofiltration, utilizing the parkway between the curb and right- ofway boundary of Shasta View Drive. Biological Resources 64.The developer shall acquire all necessary letters of approval and/or permits from the Department ofFish and Game and the U.S. Army Corps of Engineers for altering or working within any natural drainage course, jurisdictional waters ofthe United States, wetland, or riparian habitat prior tothe commencement of grading activities and/or construction of anyon- or off-site improvements; including the City-owned parcel to the north, Packet Pg. 213 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
17 June
23,
2005 65.66.67.Prior toissuance ofagrading permit, the developer shall prepare aSpill Prevention Control and Countermeasure Plan to the City thatincludes strict onsite handling rules toprevent accidental spillsofhazardous materialsduring subdivision improvement construction ( i.e.,does not apply to house construction) into any water courses or other sensitive biological habitats on-site. The objective of the plan will betoprevent concrete, paint, coating materials, petroleum products, or any other substance that could behazardous to aquatic life from contaminating soilor entering a watercourse and identify measures for inunediate
cleanup of any accident~ d spills.*Prior to the issuance ora grading permit or approval of project improvement plans by the City Engineer, the developer shall secure aU.

S. Army Corps of Engineers ( ACOE)404 Pemfit for mitigation of development impacts resulting in theloss of on- and off-site jurisdictional watersof the United States and federally protected species. The potential impact upon jurisdictionalwaters is estimated to beapproximately 2.809 acres. Itis anticipated that the ACOE404 Permit may include any (not necessarily all) of the following elements and mitigations with theobjective of determining
the least enviromnentally damaging practicable project alternative:*ao Section 7consultation with the United States Fish and Wildlife Service (USFWS) inregard tothepresence offederally protected invertebrate species (vernalpool tadpole shrimp) within an on-site vernal pool. bo Consultation witch the National Marine Fisheries Service ( NMFS) inregard to potential disturbance of waters that may provide habitat
for afederally protected fishspecies (Central Valley steelhead).Avoidance of the :2 major vernal- pool features nearthe south boundary of the project within Parcels " C" and "D" with appropriate setbacks andmaintenance of hydrology. Purchase of creation credits in an ACOE- approved mitigation bank. The Stillwater Plains mitigation bank isalocal example of such afacility. eo If mitigationbarfi: creditsare not available, payment ofin-lieu fees to the ACOE. In- kind replacement/ creation on-site.g. Purchase of property containing wetlands withtransfer of ownership to an appropriate agency approved by ACOE ( e.g., preservation credits).Araptor- nesting survey shallbe conducted by aqualified biologist prior to clearing or earth- disturbance activities proposed to tal~e place between March 1 and July 31 of any year. If
Packet Pg. 214 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
andPD-5-04
Drat~ Conditions
of Approval Page
18 June 23, 2005 68.Prior tograding or construction activities in Clover Cieek (e.g., construction of Shasta View Drive, connection to sewer trunkline), a Foothill Yellow- legged Frog nesting surveybyaqualified biologist shall'be conducted in the area of disturbance. If frogsare observed oregg mass(es) found, appropriate relocation measures as recommended by
the biologist shall beimplemented.*69.A minimum 100-foot nondisturbance buffer shall be established around any orall of the identified elderberry bushes located near the west boundary of the project site which have stems measuring 1 inch or more at ground level. The exact location of the bushes shall be identified on theproject grading plan, andtemporary fencing on the buffer boundary shall be in place during construction activities in the area. If construction activities are proposed within thebuffer area, a 'Valley Elderberry Longhorn Beetle survey shall be conducted by aqualified biologist in accordance withU.S.

Fish and Wildlife Service (USFWS) protocols and the survey submitteq to the USFWS for determination of necessary mitigation prior
tocommencement
of the construction activity.*Fire Protection 70.Residential fire sprinkler systems, as approved by the City Fire Marshal, shall be installed inall habitable structures inthe subdivision unless and until City Fire Station No. 7isstaffed with additional personnel[ andapparatus toadequately serve theproject as determined by the Redding Fire Chief. Even with the upgrade of Fire Station No. 7, homes onthe following lots
shall be provided with sprinkler systems:* **Lots on cul-de-sacsor dead-end streets as aresult of phasing which are more than 600 feet from the street intersection; such lots shall be identified on the final map(s).bo Lots north ofStreet "M" unless and until a second public- street access isprovided to the development area east of Clover
Creek fi~om apoint other than Shasta View Drive.71.A Vegetation Management/ Fire Fuel Reduction Plan (Plan) shallbe submitted in conjunction with project improvement plans for each development phase and be subject to approval by the City Fire Marshal and Development Services Director. The buildout objective ofthe Plan shallbe to provide an. adeqfiate fire- safety buffer between homes and certain open- space areas through selective removal of 90 percent ofthe
brush and trees less than 3inches in diameter in the following areas: Within 100 feet of the anticipated house sites on Lots 1through 31; Lots 38 through 41; Lots 112 through 117; Lots 332, 337,
and 338; Lot 376; Lots 420 through 442;and Lots
Packet Pg. 215 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
19 June
23,
2005

72. 73.

74. Parks,

75. 76.77.78.79.The required fuel-reduction work will be accomplished with the Clearing and grading oftheoverall project. The City recognizes that the Plan may have to be modified from the above standard to meet other resource agency requirements for ground
disturbance near sensitive biological habitats. Prior to any vertical construction, a 20-foot- wide all-weather- surface road shall be constructed and remain serviceable toall developing lots and firehydrants
installed with adequate fire flows available
for fire-suppression purposes. Burning of construction debris is prohibited. Brush piles created by project development shall be abated
prior tothe fire season. Open Space, and Tree Preservation With recordation ofafinal map for the first unitof development, the developer shall make an irrevocable offer of dedication to the City in fee simple absolute for a public park site generallyas shown on the tentative map (pursuant to Chapter 17.42 ofthe Redding Municipal Code). The park site shall be completely located outside the 100- year floodplain of Clover Creek. The final size configuration and name ofthe park site shall be approved by the Community Services Director
and inaccordance with the requirements ofthe project Development Agreement. The developer shall enter into an agreement with the City requiring the developer to fully improve the public park:
site and receive credit toward the subdivision's City Park and Recreation Facilities Impact Fee obligation. The developer shallbe responsible for thepark design in coordination with the City's Community Services Department and securing of permits from agencies other than the City necessary for construction. Park improvements shall be completed inaccordance
with the requirements and schedule containedin the project Development Agreement. With recordation of a final map( s), the developer shall dedicate to the City in fee simple absolute the open-space area identified as Parcel "B" onthetentative map. This area as a minimum shall encompass the 100-year floodplain of Clover Creek as' determined by the Clover Creek Preserve FEMA Letter of Map Revision. Theland grant shall befor the purpose of maintaining open space andfloodplain safety and for public trails andother uses allowed by the City's "OS" Open Space zoning district. However, the dedication shall be infee simple
absolute and nfo reversionary interest or condition subsequent shall be vested in permittee. Individual property lines shall extend through Parcel "E"
and the area identified as private open- space easements on the final map(s).With recordation of a final map(s), Parcel "C" and Parcel " D" shall be either be placed in a private open- space easement( s) in a manner approved by the City, or protection and preservation otherwise achieved ina manner established Packet Pg. 216 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of ApprovalPage
20 June 23,2005 0.All subdivision lots and streets shall be located outside ofand above the 100- year ttoodplain of Clover Creek and meet the setback andeasement requirements ofChapter 18.48 River/ Creek Corridor Development asthey pertain to Clover Creek (e.g., 25-foot setback from riparian zone or 50- footsetback from top ofbank, whichever is greater)..Adequate information todetermine compliance with this condition
shall be provided with the project improvement plans.* 81.The finished floor elewition of all lots shall be a
minimum of1foot above the 100-yearfloodplain elevation of Clover Creek. Compliance with this requirement shall be determined with review of project hnprovement plans, excepting Lots 112 through 117, 332, 337, and 338. For these lots, anas-built grading plan shall be submitted to the Planning Division after construction demonstrating compliance, or elevation
certificates shall be required with application forabuilding permit.** 82.Preservation of existing' treeswith a diameter of 6inchesormore at 4.5feet above the ground (unless otherwise specified) shall beincorporated into theproject in order to satisfy thepurposes of Chapter 18.45 Tree Preservation ofthe Redding
Municipal Code: a. Trees within Parcels " C," " D," and "E."Trees within the: parkways
between the curb and right-of-way boundary along Shasta View Drive.Selected trees
within the public parksite as determined by the Community Services Department. Trees with adian~eter of12inches or greater within the rear- yard setbackof any lot where grading
isnot necessary to achieve the lot drainage requirements of the City Engineer. Grey pines meeting the above size and location standards for preservation may be removed upon a demonstration thattheymaycurrently orin thefuture threaten aprivate
or
public
improvement. The tree-preservation plan shall be incorporated into the project improvement plans.' ............... Archaeology 83. Ifany archaeology resources (human skeletalremains, culturally modified lithic materials, structural features, or historic artifacts) are encountered during ground-disturbing activities, all suchactivities shall behalted within a 55-yard radius ofthe discovery, and aqualified archaeologist shallbecontacted
to
determine the nature of the find, evaluate its significance and, if necessary, recomrnend appropriate mitigation.*Noise

84. Packet Pg. 217 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
21 June 23, 2005 85.All homes on lots next to Shasta View Drive shallbe provided with air-conditioning systems to allow occupancy with doors
and windows closed.Air Quality86.The following Standard Mitigation Measures (SMM) shall be implemented during grading and construction activities to contrOl dust and PM~0emissions:* a. Nontoxic soil stabilizers shallbe applied according to manufacturer'sspecification toall inactive construction areas ( previously graded areas inactive
for 10 days or more).Reestablish ground cover on graded and exposed portionsofthe construction
site through hydroseeding and mulching. All grading operations shall be suspended when winds (as instantaneous gusts)
exceed 20 miles per hour. Temporary traffic control as directed by the City Engineer shall be provided as appropriate during all phases of construction to improve traffic
flow ( e.g., flag person). eo Construction activities that could affect traffic flow shall
be scheduled, during off-peak hours. Active construction areas, haul roads, etc., shall be watered at least twice daily or
more as needed to limit dust. go Exposed stockpiles of soil and other backfill material shall either be covered, watered, or have soil binders added to inhibit dust and wind erosion. Ail tracks hauling; soil and other loose material shall be covered or should maintain at least2 feetof fi:eeboard (i.e., minimum vertical distance between top of the load and thetrailer) in accordance with the requirements of CVC Section 23114. This provision is
enforced by local law enforcement agencies .......... All public roadways used by the project contractor shall be maintained free from dust, dirt, and deb:ds caused by construction activities.

Streets shall be swept at the end of the day ifvisible soil materials are carded onto adjacent public paved roads.Wheel washers shrill be used where vehicles enter and exit unpaved roadsonto paved roads, or trucks, a~ad any equipment shall be washed off
leaving the site witheach trip.Open burning ofcl[eared vegetation shall be prohibited. Cleared vegetation shall be treated bylegal means other than open burning, such as chipping or grinding on-site,or transport to an appropriate receiving facility. Such methods shall be noted on improvement plans. Atnotime shall open burning of materials generated
Packet Pg. 218 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draf~ Conditions
of Approval Page
22 June
23, 2005 87.88.The following mitigation measures shall be implemented during construction of the subdivision to reduce temporary Nox emissions as recommended by theShasta CountyAir
Quality Management Dilstrict (SCAQMD):*ao The applicant shall provide aplan for approval by the SCAQMD, demonstrating that off-road vehicles and equipment with 50 or more horsepower to beused in construction oftlhe project will achieve aprojectwide fleet average 20 pen-centNoxreduction and 45 percent particulate reduction compared to the most recent California Air Resources Board fleet average atthe time of construction. bo The applicant shall submit to the SCAQMD acomprehensive inventory of alloff-road construction equipment with 50 or more horsepower that willbe used an aggregate of 40 or more hours during any portion of theconstruction project. The inventory shall include the horsepower rating, engine- production year, and projected hours ofuse or fuel for each piece ofequipment. Theinventory shall be updated and submitted mon~ly throughout the duration of theproject, except thataninventory shall notbe required for any 30-day period in which noconstruction activity occurs. c. All construction equipment shall be properly tuned and maintained. do Equipment operators shall
be instructed to minimize equipment idling timeto 10 minutes. eo Existing power sources
instead oftemporary power generators shallbeutilized whenever possible. The following Standard Level " A" Mitigation Measures as identified inthe City of Redding Air Quality Element of the General Plan shall be implemented to minimize overall
air quality impacts as a result ofbuiltdout ofthe subdivision:* ao All homes shall 'be equipped
with energy- efficient process systems for heating equipment and water heaters.An electrical outlet shall be installed in
the-front yard and backyard of all homes for electrical yard equipment. Any woodburning stoves installed in ahome shall be Environmental Protection Agency- Phase II certified.

Inaddition to theabove,
the following built-inproject elements serve
as mitigations to minimize overall air quality impacts:
d. Bus stops along Shasta View Drive.e. Provision
Packet Pg. 219 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) S-7-03
and PD-5-04
Draft Conditions
of Approval Page
23 June 23, 2005 Miscellaneous 89.Auniform 6-foot- high, solid-wood fence or equivalent shall be constructed in conjunction with subdivision improvements along the rear property lines ofLots 338 through 376.Construction and desist details of thefence shall
be approved by the Development Services Director. 90.Neighborhood identification shall not duplicate the nameof existing subdivisions in theCity
Packet Pg. 220 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) ATTACHMENT "H"

EMINENT DOMAIN FINDINGS
City Council Policy 1703 establishes certain findings that the Planning Commission must determine to be in evidence in order to support a tentative map condition which requires an off-siteimprovement that could lead to the need for use ofeminent domain. These findings are:The dedication requirement will be consistent with the Redding General Plan, the Subdivision Ordinance, and any plan line orsite plan review criteria adopted by ordinance oftheRe&ting City
Council. 2. The dedication requirement is necessary toaccomplish one (emphasis added) or more of the
following: To mitigate theenvironmental impactsofthe project asidentified inanyfinal environmental impact
report. boToachieve consistency' with the Circulation Elementof the General Plan and any standards, policies, or street plans contained in the
document. The dedication requirement is necessary toensure safe and adequate access to the project and thetraveling
public.The dedication requirement is necessary to maintain and protect the integrity of theCity' s arterial street
system. That theneed for dedication requirement andresultant street improvement iscaused by the project, either byitself or inconjunction withother projects in theimmediate area, and that failure to make the dedication requirement will result in theCity's having tospend public dollars to mitigate the ,access and safety aspects ofthe project that are theresponsibility of the
developer.
6-17-05STAF\
S703-
GPacket Pg. 221 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8)

HASTINA RANCH
SUBDIVISION i
Legend

TRAFFIC SIGNAL
mmwm STREET SEGMENT IMPROVEMENTS
i~ POTENTIAL ASSESSMENT, BENEFIT AN/OR REIMBURSEMENT

AREAS NGIS

DIVISION DEVELCPMENT SERVICES

DEPARTMENT DATE
PRODUCED: FEBRUARY 3,
2005 01, 200 2,400
FeetP:~PLAN NING\ESSHASTINA_RI\ EIR.

MXD LOCATION

MAP POTENTIAL ASSESSMENT, BENEFIT

AND/OR REIMBURSEMENT

DISTRICT AREAS
MTG.

DATE:

Packet Pg. 222 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) N G ~ N ERRS ,PLA N N FRS

MEMORANDUM
To: City of Redding Date:

Attn: Mr. Doug Demallie Project:

From: Andrew Lee Job No.:

Re: Shastina Ranch Phase 1 Supplemental File No.:

Traffic Analysis
CC: Paul Miller
March 28, 2005
Shastina Ranch GPA Traffic Impact
Study
25-
5130-06
C723MEM014. DOC This memorandum addresses the change inLevel-of-Service (LOS) forintersections and
5 roadway segments along the segment of Churn Creek Road eastofthe Iinterchange resulting from the construction of 120 dwelling unit,,; within the Shastina Ranch project area. The analysis was performed for the existing roadway network, which does not include the construction ofthe Shasta View Drive Extension
Project
and
Description
the Knighton
and
Road Extension. Phase 1
Trip Generation The Shastina Ranch project contains a
mix of residential and light
industrial land uses. Project build-out isplanned for 460 dwelling units I,DU) and 366,000 square feet of light industrial facilities. The project build-out trip generation is projected at7,106 daily, 684 AM peak hour, and 813 PM peak hour trips. As afirst phase of the project, 120 DU are planned for construction.

The construction ofthe project'sfirst phase is projected to take place before the construction of other approved/ pending projects in the area,including the King-Burk Subdivision, the Stone Creek Subdivision, and the Veterans Hospital. Table 1shows the projected trip
generation ofPhase
1of the project. TABLE 1PROJECT TRIPGENERATION Single- Family Housing (210) Per DU

9. 66 0.74 25% 75% 0. 98 63% '~ 7%i!~ :, ~, ~ i!:. ]~ ;~:. i'i,: .!:~ i !~:'~! i~i i'V~ ~ Di:.~i::i !~M,P~kIi~
ii'~Tri~s,- i~ : pM~ peak ~ofi' r ~ i~ s Project Phase 1 120 DU 1,159 89 22 67 118 74 44 As shown in Table 1, Phase 1of the project will generated an estimated 1,159 daily, 89 AM peak, and 118 PM peak hour trips. Phase 1constitutes approximately 15% ofthe total Shastina
Ranch development traffic, based on the projected
daily trip generation. Existing Plus Phase IProject Traffic Operations The project impact onintersections and roadway segments near the project area was quantified by adding the project- generated trips onto the: existing intersection and roadway segment traffic volumes. All traffic access for Phase 1of the project is from Airport Road. The project trip distribution issimilar to the original trip distribution included in the Shastina Ranch FEIR, but accounts for some traffic redistribution due to the lack of the Shasta View Drive Extension and Knighton Road Extension inthe roadway network. LOS computations were based onthe methods documented in the Transportation Research Board publication Highway Capacity Manual, Fourth Edition, 2000. Tables 2 and 3show the 943 ReserveDrive, SuitePacket Pg. 223 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) March 28, 2005
intersection LOS for Existing an,d Existing Plus Project Phase 1 Only Conditions. Table 4 shows tile roadway segment LOS for both Existing and Existing Plus Project Phase 1 Only Conditions TABLE 2
INTERSECTION LEVELS-OF-SERVICE:

EXISTING CONDITIONS i; :.~ i:i: ::/,:-!.: i::, i~ '! *;~ '::~' ~ i~::~:,!;~ 0ntr0!~. : it.: : ;:;-:~, '~ ~: i::.i~=::

Warrant.~ iWarrant:~[ ~.~,~.:;.~:-., :: .'~: !~ 6 Bonnyview Road / I-5 SB Ramps Signal . 28. 3
C31. 4 C7 Bonnyview
Road / I-5 NB Ramps Signal 31. 3 C28. 0 C8 Bechelli
Lane / Chum Creek Road Signal 24.6 C 24.4 C 9Churn Creek Road / Victor AvenueT~VSC 22.4 CNo 30.1 D No 10Churn Creek Road / Rancho Road TWSC 14.8BNo 12. 4B No 11 Rancho Road / Alta Mesa Drive TWSC 11.9 BNo 11. I BNo As shown in Table 2, the
Chum (,'reek Road / Victor Avenue intersection iscurrently operating at deficient LOSD. All other intersections are currently operating at acceptable LOS. Mitigations are discussed inthe following section. TABLE 3 EXISTING PLUS PROJECT PHASE 1

ONLY WITHOUT KNIGHTON ROAD AND SHASTA VIEW DRIVE
EXTENSION 6Bo~y~ew Road / I-5
SB Rmps 28. Sisal 3C 31.3C 7
BonnyviewRoad / I- 5NB Ramps
Signal 3 !. 7 C 27.9C - 8
Bechelli Lane / Churn CreekRoad Signal 24.
4 C28.3C9Churn Creek Road / Victor Avenue TWSC24. 6
C No 34.9 D No10 Chum CreekRoad / Rancho Road TWSC15. 7 C No 12.9B No 1 Rancho Road / AltaMesa Drive TWSC 12.4 B No

11. 7B No As shown in Table 3, the addition of theproject ' is projected to further aggravate delay at the Chum Creek Road / Victor Avenue intersection. The project increases delay by 4.8seconds.

TABLE 4 ROADWAY LEVELS-OF-SERVICE: EXISTING, EXI~STING PLUS PROJECTPHASE 1 ONLY CONDITIONS Rancho Road -
Churn Creek Road to Shasta View Drive Existing TwoLane Arterial 4,960AExisting + Project Phase ITwoLane Arterial5, 480A Churn Creek Road - I-5/ Churn Creek Road Interchange to
Rancho Road Existing Two-Lane Arterial 10,520 C
Existing + Project
Phase ITwo- Lane Arterial 11,
040 CAs shown inTable 4, the addition
of the project does not impact the Rancho Road and Chum Creek roadway segments east of I-5such that deficient LOS occurs. 943 Reserve Ddve, Suite 100, Roseville, CA 95678 - (916) 782- 8688 fax (916) 782- 8689
Packet Pg. 224 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) March 28, 2005
Mitigation Measures
The Chum Creek Road/Victor Avenue intersection iscurrently operating at deficient LOS "D".

The addition of Phase 1 of the project will increase delay at the intersection by4.8 seconds. Per the Shastina Ranch FEIR, the ideal mitigation measure for the intersection is torealign the Victor Avenue and Rancho Road approaches such that afour-.legged intersection is formed. However, the improvements at this location are difficult toimplement and could be expensive due to existing topographic constraints at the intersection
locations. Per theCity's
amended Significant Traffic Impact Standards (Omi-Means, Memo of
toCity
Redding Planning/ Public Works, July 16, 2004), an increase indelay of more than five (5) seconds at an intersection and an increase of more than 5% in the volume- to- capacity ratio ( V/C) on aroadway segment isconsidered as "significant" forroadway facilities currently operating under unacceptable conditions. As such, theadditional delay resulting from the construction of Phase 1 ofthe project isconsidered "not significant" and the appropriate mitigation measure would therefore be afair share payment
toward the ultimate mitigation described above. 943 Reserve Ddve, Suite 100, Roseville, CA 95678 - ( Packet Pg. 225 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) z~ ~ ~.,~~~-~,...'
to
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Packet Pg. 226 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) i~- ~ J ,'. ~ - N CHURN
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Packet Pg. 227 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) PF
CITY UMffS
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RS~
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I I
0 500 1000 1500
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DATE PRODUCED:

JANUARY 24, 2005

ZONING MAP

SHASTINA RANCH SUBDIVISION

AND FACILITY PLAN AREA
DR-i-OS, S7-05,
Packet Pg. 228 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) PF
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DEVELOPMENT SERVICES DEP~ rMENTU~
I I
0 500 1000 1500
FEET
DATE PRODUCED:

PROPOSED ZONING MAP

SHASTINA RANCH SUBDIVISION

AND FACILITY PLAN AREA
JANUARY 24, 200.5 EIR-I-05, S7-03,
GPA4-
Packet Pg. 229 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) i

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EXIST REDDING MUNI AIRPORT utc. DATE:

D~ELOPMENT
SERVICES DEPARTMENT CLUP ITEM: AND

FACILITY
PLAN AREA DATE PRODUCED:

EIR-1-
GPA-4-03 ~ 03, S-7-03,
Packet Pg. 230 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) I
III
SHASTINA ~NCH SUBDI~ F/ISION~,
I , ~. ~ sou.
c,:GIS DIVISION PROPOSED AMENDMENT REDDING MUNI
AIRPORTD~LOPMENT SER~CESDEP~ E~
CLUP I~:

SUBDIVISION 0 5~ 1 ~
I
0 fSHASTINA RANCH
1500O*TEP.

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SAREA7-c~ SEPTEMBER 1~, 2004 EIR-I-03,
Packet Pg. 231 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 232 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 233 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 234 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8) Packet Pg. 235 Attachment: Previous Staff Report (4.11(a)--Final Map-Shastina Ranch Subdivision, Unit 8)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Accept update regarding the Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project and, in accordance with Public Contract Code Section 22050(c)(1), make a determination by a four-fifths vote that there is a need to continue the emergency work.

Fiscal Impact
Project costs will be funded by the City of Redding’s (City) Wastewater, Water and Streets Divisions. The updated estimated total Placer Street Project (Project) cost of the repairs is $2,470,000.

Alternative Action
The City Council (Council) may choose not to accept the project status report and provide further direction to staff.

Background/Analysis
On May 7, 2024, Council adopted an emergency resolution for the project and authorized the negotiation of an emergency public works contract. Cox & Cox Construction (Contractor) has commenced with underground repairs on Placer Street and Court Street and estimates completion of all underground repairs on those streets by August 16, 2024. The remaining locations are either surface locations on Placer Street or Court Street or underground locations on surrounding residential streets. Staff remains optimistic that Placer Street paving will commence in midSeptember but is still coordinating with the contractor’s schedule to finalize an exact timeframe.

The below table provides further details of the contractor’s progress based on number of locations that need to be addressed. Costs will be updated accordingly as they are provided to staff from the contractor. Staff will continue to update Council as the project progresses.

MEETING DATE: August 20, 2024
ITEM NO. 4.11(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(b)--Update Regarding Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Michael Webb, Public Works
Director
Packet Pg. 236
Report to Redding City Council August 13, 2024
Re: 4.11(b)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Page 2
Original
Locations
Additional
Locations
Total
Locations
Completed
Locations
96 0 96 49
The project proposes to replace substandard sewer pipe, associated infrastructure, failing asphalt concrete and other miscellaneous public health and safety work, on Placer Street and within the Magnolia Area Sewer Improvement Phase I project limits.

Environmental Review
This action is not a project as defined by the California Environmental Quality Act (CEQA) and no further action is required. On May 7, 2024, the Council determined that the Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project is categorically exempt from environmental review under the CEQA Guidelines, per Section 15269(b)-Emergency Projects.

Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Attachments
Previous Staff Report
Packet Pg. 237

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to the Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project (Project):
(1) Adopt Resolution, by not less than four-fifths affirmative vote, authorizing the City Manager to negotiate and award an emergency public works contract for the Project in an amount not to exceed $2,000,000;
(3) Authorize the City Manager, or designee, to approve construction contingency amounts up to a total of $300,000;
(4) Authorize the City Manager, or designee, to approve construction management and inspection amounts up to a total of $175,000; and
(5) Find that the Project is exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15269(b) – Emergency Projects.

Fiscal Impact
The estimated Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project (Project) total cost is $2,475,000. These costs include construction, construction contingency and staff time for construction management and inspections. The project will be funded with remaining Magnolia Area Sewer Improvements Phase 1 funds. Including withheld retention, liquidated damages and uncompleted work items which is approximately $2,160,000. Supplemental funding of $315,000 will come from the Wastewater, Water and Streets Division’s Fiscal Year 2023-24 budgets which have sufficient funds appropriated.

MEETING DATE: May 7, 2024
ITEM NO. 9.11(f)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.11(f)--Emergency Construction Contract to Repair and Replace Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Michael Webb, Public Works
Director

APPROVED
Packet Pg. 238 Attachment: Previous Staff Report (4.11(b)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt) Report to Redding City Council May 2, 2024
Re: 9.11(f)--Emergency Repair and Replace Substandard Sewer Pipe and Failing Pavement on Placer St. Page 2
Alternative Action
The City Council (Council) may choose to not authorize the award of an emergency contract, and instead have staff prepare plans and specifications to award a contract to the low bidder in accordance with state and local contracting procedures. Or, Council could provide alterative direction to staff.

Background/Analysis
On April 1, 2024, Council voted to enter into a Contract Amendment, Settlement Agreement and Release with the contractor for the Magnolia Area Sewer Improvements Phase 1 project. This settlement agreement was partially due to the contractor’s refusal to make required repairs to substandard work done on the project. This substandard work has the potential to create public health and safety issues.

Staff has considered repackaging the project plans and specifications for bidding; however, this process would likely require a minimum of six months in order to obtain an executed contract and ultimately provide a contractor with a notice to proceed. This timeline is unacceptable given the condition of the installed sewer infrastructure and would jeopardize being able to complete all the repair work, including re-paving Placer Street, prior to the onset of winter. In addition, current Magnolia Area Sewer Improvement Phase 1 project site conditions present potential impacts to public health, property and safety. Therefore, staff proposes an emergency contract to replace the substandard sewer pipe and associated infrastructure, failing asphalt concrete and minor associated public health and safety work on Placer Street and within Magnolia Area Sewer Improvements Phase 1 project limits. Staff estimates the work will be complete within four months of commencement of construction activities.

It is noted that the Public Contract Code (PCC) (Section 20168) provides that the local government’s legislative body may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health and property. Further, the PCC (Section 22050) provides that “in case of emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts.”
It is in the public’s interest and necessity to repair the sewer system, pave Placer Street and repair or replace other associated minor items of work immediately to ensure protection of the public’s health, safety and personal property occurs.

The Resolution has been approved as to form by the City Attorney.

Environmental Review
Staff has determined that the project is exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15269(b) – Emergency Projects. Section 15269(b) includes emergency repairs to publicly and privately-owned service facilities necessary to maintain service essential to the public health, safety, or welfare. The emergency repair and replacement will occur in areas of previous disturbance, and the repairs are necessary to maintain service essential to public health.

APPROVED
Packet Pg. 239 Attachment: Previous Staff Report (4.11(b)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt) Report to Redding City Council May 2, 2024
Re: 9.11(f)--Emergency Repair and Replace Substandard Sewer Pipe and Failing Pavement on Placer St. Page 3
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Attachments
^Resolution
^Location Map
^Notice of Exemption

APPROVED
Packet Pg. 240 Attachment: Previous Staff Report (4.11(b)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt) RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING TO

AUTHORIZE THE CITY MANAGER TO AWARD AN EMERGENCY
CONSTRUCTION CONTRACT TO REPAIR AND REPLACE SUBSTANDARD SEWER PIPE AND FAILING ASHPHALT CONCRETE

PAVEMENT ON PLACER STREET
WHEREAS, Public Contract Code section 22050 and Redding Municipal Code 4.22.120(A) provide that, in the case of emergency, a public agency may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts; and WHEREAS, on April 1, 2024, Council voted unanimously to enter into a Contract Amendment, Settlement Agreement and Release regarding the Magnolia Area Sewer Improvements – Phase I project; and WHEREAS, portions of the underground sewer improvements constructed as part of the Magnolia Area Sewer Improvements – Phase I project were not constructed in accordance with the contract documents; and
WHEREAS, proper sewer infrastructure is critical to public health; and WHEREAS, if not repaired immediately, the improperly installed sewer infrastructure has a high potential for failure during high-flow periods, winter, potentially ultimately causing significant disruptions in service, failures and damage to associated public and adjacent private infrastructure; and WHEREAS, Placer Street is a primary arterial with moderate traffic volumes and the asphalt concrete pavement is in a failing condition as a result of longitudinal and transverse sewer trench pavement patches within the roadway section presenting a public safety concern; and WHEREAS, a competitive solicitation for bids is anticipated to require six (6) months and would further delay the needed repairs to prevent sewer blockages, sink holes and further damage to the public and private infrastructure until 2025; and
WHEREAS, continued pavement failure and blockage of the sewer conveyance system would threaten the safety and property of roadway users and persons nearby; and WHEREAS, isolation of the impacted area so that the delay due to competitive bidding could be accommodated would not mitigate or eliminate the threat to persons and property; NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Council of the City of Redding finds that the recitals set forth above are true and correct and are hereby adopted as findings of fact.

2. The public interest and necessity require the immediate expenditure of public money to restore the sewer conveyance system to full capacity, protect the public health, safety and welfare, and prevent further damage to the roadway.

APPROVED
Packet Pg. 241 Attachment: Previous Staff Report (4.11(b)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt)

3. The City Council of the City of Redding therefore authorizes the City Manager to award an emergency construction contract to repair the sewer system and roadway along Placer Street.

4. The action authorized herein shall be reviewed by the City Council at all regular meetings of the Council until such time as the City Council determines that the emergency is abated.

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 7th day of May, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
____________________________________
TENESSA AUDETTE, Mayor
ATTEST: FORM APPROVED:
_________________________________ _____________________________________ SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney

APPROVED
Packet Pg. 242 Attachment: Previous Staff Report (4.11(b)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt) CITY OF REDDING LOCATION MAP MAGNOLIA AREA SEWER IMPROVEMENTS - PHASE 1 EMERGENCY REPAIRS PUBLIC WORKS DEPARTMENT LOCATION PROJECT ORIGINAL REPAIR AREA EMERGENCY APPROVED Packet Pg. 243
Attachment: Previous Staff Report (4.11(b)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt) APPROVED Packet Pg. 244
Attachment: Previous Staff Report (4.11(b)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution summarily vacating a portion of Center Street and a portion of Shasta Street within the Map of the Original Town of Redding filed at Page 65 in the book of Old Plats, Shasta County Records and depicted in the attached Exhibits A and B; and find this action consistent with the General Plan and exempt from environmental review under the California Environmental Quality Act pursuant to Section 15035 (Minor Alterations in Land Use Limitations).

Fiscal Impact
Adopting the Resolution will have no fiscal impact to the City of Redding (City). All costs associated with the processing of this project are paid by the applicant. The portions of the vacated right-of-way will revert to the abutting parcels as fee owners.

Alternative Action
The City Council (Council) may choose not to adopt the Resolution and not vacate these portions of Center Street and Shasta Street.

Background/Analysis
The owner of 1242 Center Street has requested the vacation of a portion of Center Street and a portion of Shasta Street as described in the attached Exhibit A and shown on the attached Exhibit B. Center Street and Shasta Street were originally shown on Town of Redding Plat which was filed in 1875 but were not formally dedicated. These streets are considered to be implied dedications as subsequent use by the public and expenditure of public funds for street maintenance were made.

MEETING DATE: August 20, 2024
ITEM NO. 4.11(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(c)--Summary Vacation of a portion of Center Street and Shasta Street (2021- 01738)
Michael Webb, Public Works
Director
Packet Pg. 245
Report to Redding City Council August 14, 2024
Re: 4.11(c)--Summary Vacation of a portion of Center Street and Shasta Street Page 2 In 2021, the City’s Diestelhorst to Downtown Improvement Project realigned a portion of street improvements on Center Street. This project which constructed new curb, gutter, sidewalks, and separated bike lanes provided for bike and pedestrian facilities connecting the Sacramento River Trail to the downtown area. This re-alignment created an area unnecessary for street or public purposes. The area of Center Street and Shasta Street as described in the attached Exhibit A and depicted in the attached Exhibit B, contain no public facilities and are not needed for future public purposes. This area may be determined to be excess and eligible for summary vacation per Streets and Highways Code 8334. The Resolution has been approved as to form by the City Attorney.

Environmental Review
This summary vacation can be declared exempt from environmental review under the California Environmental Quality Act Guidelines Section 15305 (Minor Alterations in Land Use Limitations), which allows for minor alterations to land as long as the average slope on site is less than 20 percent and would not result in any changes in land use or density. This action will not result in the creation of any new parcels nor will it change land use density. The existing General Plan and Zoning land use designations would remain as they currently exist and the average slope does not exceed 20 percent. Therefore, this summary vacation can be considered a minor alteration in land use limitations.

Council Priority/City Manager Goals
• This agenda item is a routine operational item.
c: Pacific Gas and Electric Company, Land Rights Services AT&T California
Charter Communications
Attachments
^Resolution
^Exhibit A
^Exhibit B
^Location Map
^Notice of Exemption (unfiled)
Packet Pg. 246
Recording Requested by
City of Redding
Please Return to
City Clerk
P.O. Box 496701
Redding, CA 96049-6071
Documentary Transfer Tax: None
City of Redding EXEMPT
Rev. & Tax C.A. §11922

NO FEE-CITY BUSINESS
Gov. Code §6103
A.P.N. 101-480-047 & 101-480-061
RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING THE CITY’S INTEREST IN A PORTION OF

CENTER STREET AND SHASTA STREET ADJACENT TO THE STOCKYARD

BLOCK AS SHOWN ON THE MAP OF THE ORIGINAL TOWN OF REDDING

FILED IN THE OFFICE OF THE COUNTY REOCRDER IN BOOK OF OLD PLATS AT PAGE 55, SHASTA COUNTY RECORDS (ABANDONMENT
APPLICATION A-2022-01738)
WHEREAS:

A. The portion of Center Street and Shasta Street being considered for summary vacation is described in Exhibit “A” and shown on Exhibit “B” attached and made a part hereof by reference.

The owner of the adjacent parcel has asked that the City vacate this portion of Center Street and Shasta Street; and
B. This portion of Center Street and Shasta Street is not been used for roadway purposes and is not required for street or highway purposes;

NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:

1. The recitals set forth above are true, correct and are hereby adopted as findings of fact.

2. Pursuant to Streets and Highways Code 8334, the City Council determines this portion of Center Street and Shasta Street to be excess and is unnecessary for present or prospective public street use.

3. The City Council approves the request to summarily vacate this portion of Center Street and Shasta Street adjacent to the Stockyard Block as shown on the Original Town of Redding, filed in Packet Pg. 247 Attachment: ^Resolution (4.11(c)--Summary Vacation of a portion of Center Street and Shasta Street) the Office of the County Recorder in Book of Old Plats at Page 55, Shasta County Records as described in Exhibit “A” and shown on the attached Exhibit “B.”

4. The vacation of this portion of Center Street and Shasta Street is consistent with the General Plan.

This action will: reduce maintenance needs of public streets; will not preclude uses consistent with current zoning; and encourages design compatible with its surroundings.

5. The vacation of this portion of Center Street and Shasta Street qualifies as Categorically Exempt from environmental review under the California Environmental Quality Act Guidelines Section 15305 – Minor Alterations in Land Use Limitations. No changes in land use or density will occur and areas affected contain an average slope of less than 20%. There is no possibility that this action will have a significant impact on the environment.

6. The City Clerk is directed to cause a certified copy of this Resolution of Vacation, attested by the Clerk under seal, to be recorded in the Office of the Shasta County Assessor/Recorder.

I HEREBY CERTIFY, that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 20th day of August, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

________________________________
TENESSA AUDETTE, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _____________________________________ SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney Packet Pg. 248 Attachment: ^Resolution (4.11(c)--Summary Vacation of a portion of Center Street and Shasta Street) Packet Pg. 249
Attachment: ^Exhibit A (4.11(c)--Summary Vacation of a portion of Center Street and Shasta Street) Packet Pg. 250
Attachment: ^Exhibit A (4.11(c)--Summary Vacation of a portion of Center Street and Shasta Street) Packet Pg. 251
Attachment: ^Exhibit B (4.11(c)--Summary Vacation of a portion of Center Street and Shasta Street) Packet Pg. 252
Attachment: ^Location Map (4.11(c)--Summary Vacation of a portion of Center Street and Shasta Street) Packet Pg. 253
Attachment: ^Notice of Exemption (unfiled) (4.11(c)--Summary Vacation of a portion of Center Street and Shasta Street)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve a Lease Agreement 5213 between the City of Redding and the California State Lands Commission for the South Bonnyview Bridge crossing over the Sacramento River at Assessor’s Parcel Numbers 070-320-006 and 048-400-004 for a period of 20 years ending on June 7, 2044, for authorized improvements to include the two existing vehicle bridges with bicycle and pedestrian lanes, one 22-inch sanitary sewer pipe, one 20-inch water pipe and two electric transmission lines; and find the action categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 - Existing Facilities.

Fiscal Impact
Reimbursement costs due to the California State Lands Commission (CSLC) shall be paid by the City of Redding’s (City) Public Works Street Maintenance funds and are not expected to exceed $12,000.

Alternative Action
City Council may choose not to approve the Lease and provide alternative direction to City staff.

Background/Analysis
Two adjacent bridges on the South Bonnyview alignment cross the Sacramento River on public land leased from the State of California under the jurisdiction of the CSLC. These two bridges along with the attached utility lines are collectively known as the South Bonnyview Bridge. In 1997 the City entered into a 25-year Lease Agreement (Lease) with the CSLC for the South Bonnyview Bridge Expansion Project. The Lease allowed the continued use and maintenance of the existing two-lane bridge and the construction, use and maintenance of a new two-lane bridge adjacent and northerly of the existing bridge. The Lease has been approved to form by the City Attorney.

MEETING DATE: August 20, 2024
ITEM NO. 4.11(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(d)--Approve California State Lands Commission Lease for the South Bonnyview Bridge
Michael Webb, Public Works
Director
Packet Pg. 254
Report to Redding City Council August 9, 2024
Re: 4.11(d)--Approve California State Lands Commission Lease for the South Bonnyview Bridge Page 2
The CSLC is requiring the City to execute the Lease for the continued use of the bridges for a term of 20 years ending on June 6, 2044. The authorized improvements include the two existing vehicle bridges with bicycle and pedestrian lanes, one 22-inch sanitary sewer pipe, one 20-inch water pipe and two electric transmission lines. These utility lines are attached to the exterior of the bridge decks with proper conduits and fasteners.

Bridge inspection reports provided by Caltrans will be submitted to the CSLC every two years. A condition/integrity assessment of the utility lines will be submitted prior to December 31, 2024, and once every ten years afterward.

Environmental Review
Staff has reviewed this action, approval of a Lease, and determined that it is categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301-Existing Facilities. Class 1 exemptions include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities, structures, or topographical features involving negligible or no expansion of use. The City will enter into a new Lease to allow for the continued use and maintenance of the existing bridges and associated utilities. The Lease will not result in an expansion of use, and this action has no potential to have a significant effect on the environment.

Council Priority/City Manager Goals
• This agenda item is a routine operational item.

Attachments
^Location Map
State of California Lease 5213
NOE Lease Agreement State Lands Commission
Packet Pg. 255
Packet Pg. 256
Attachment: ^Location Map (4.11(d)--Approve California State Lands Commission Lease for the South Bonnyview Bridge)

RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:

STATE OF CALIFORNIA
California State Lands Commission
Attn: Land Management Division
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202

STATE OF CALIFORNIA

OFFICIAL BUSINESS
Document entitled to free
recordation
pursuant to Government Code
Section 27383

SPACE ABOVE THIS LINE FOR RECORDER'S USE
A.P.N.: 070-320-006 and 048-400-004
County: Shasta
A3455
LEASE 5213
This Lease consists of this summary and the following attached and incorporated parts:

Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3 Section 3 General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map
SECTION 1: BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to CITY OF REDDING, hereinafter referred to as Lessee, those certain lands described in Exhibit A hereinafter referred to as Lease Premises, subject to the reservations, terms, covenants, and conditions of this Lease.

Packet Pg. 257 Attachment: State of California Lease 5213 (4.11(d)--Approve California State Lands Commission Lease for the South Bonnyview Bridge) MAILING ADDRESS:

City of Redding
Attn. Ken Iwamura
777 Cypress Avenue
Redding, CA 96001
LEASE TYPE:

General Lease – Public Agency Use
LAND TYPE:

Sovereign
LOCATION:

Sacramento River, adjacent to Assessor’s Parcel Numbers 070-320-006 and 048- 400-004 in Shasta County, as described in Exhibit A attached and by this reference made a part hereof.

LAND USE OR PURPOSE:

Use and maintenance of two existing vehicle bridges with bicycle and pedestrian lanes previously authorized by the Commission and the use and maintenance of one existing sewer pipe, one water pipe, and two conduits with electric transmission lines attached to the bridges (collectively known as the South Bonnyview Bridge).

TERM:
20 years; beginning June 7, 2024; ending June 6, 2044, unless sooner terminated as provided under this Lease.

CONSIDERATION:

The public use and benefit, with the State reserving the right at any time to set a monetary rent if the Commission finds such action to be in the State’s best interest.

AUTHORIZED IMPROVEMENTS:
__X___ EXISTING: Two vehicle bridges with bicycle and pedestrian lanes, one 22- inch-diameter sewer pipe, one 20-inch-diameter water pipe, and two 6-inchdiameter conduits with electric transmission lines (one conduit contains three 1000 kcmil Aluminum 15kV EPR insulated cable, and one conduit contains three 1000 kcmil Aluminum 15kV XLPE insulated cable).
______ TO BE CONSTRUCTED:

CONSTRUCTION MUST BEGIN BY: N/A
Packet Pg. 258 Attachment: State of California Lease 5213 (4.11(d)--Approve California State Lands Commission Lease for the South Bonnyview Bridge) CONSTRUCTION MUST BE COMPLETED BY: N/A
LIABILITY INSURANCE:
$0
SURETY BOND OR OTHER SECURITY:
$0
SECTION 2: SPECIAL PROVISIONS

BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS:

1. Lessee, or its qualified contractor, shall conduct an external inspection and condition assessment of the existing bridges at least once every two years from the lease issuance date. In addition, Lessee, or its qualified contractor, shall conduct an external inspection and condition assessment of the bridges when warranted by extraordinary circumstances that may undermine the bridges’ stability or integrity, such as an accident, a major flood, or a significant seismic event. The schedule of the external inspection and condition assessment may be modified by mutual agreement among the parties hereto. At no cost to Lessor, Lessee shall promptly submit digital copies of the results of the external inspection and condition assessment, including reports, findings, and recommendations, to Lessor when repairs pertain to major renovation projects, extraordinary circumstances, public health and safety, and on request of Lessor.
a. Lessee, or its qualified contractor, shall perform upkeep and maintenance on the bridges as documented under Work
Recommendations in the inspection reports from the California Department of Transportation (Caltrans).

2. No later than December 31, 2024, and every two years thereafter, Lessee shall promptly provide Lessor, at no cost to Lessor, electronic copies of all bridge inspection reports prepared by the Caltrans.

3. No later than December 31, 2024, and at least once every ten (10) years thereafter, Lessee shall conduct a condition/integrity assessment, certified by a California registered Civil/Structural Engineer, of the existing raw sewage pipeline, municipal water pipeline, two electric conduits, and all hangers and supporting brackets for the pipelines and conduits within the Lease Premises to confirm their fitness for purpose and continued use. The assessment, Packet Pg. 259 Attachment: State of California Lease 5213 (4.11(d)--Approve California State Lands Commission Lease for the South Bonnyview Bridge) at the minimum, shall include the corrosion conditions of these facilities. The Lessee shall conduct the condition/integrity assessments of any of the facilities within the Lease Premises at a higher frequency (more frequent than once every ten years) if it is recommended by the Civil/Structural Engineer. Additionally, Lessee shall conduct such condition/integrity assessment when warranted by extraordinary circumstances such as a significant seismic event. Within sixty (60) days of completion of each assessment and at no cost to Lessor, Lessee shall submit to Lessor copies of the results of the assessment including reports, findings, recommendations, and a repair plan with schedule if a repair/remediation to any of the facilities is recommended by the Civil/Structural Engineer.

4. REIMBURSEMENT OF STAFF EXPENSES:
a. REIMBURSEMENT OBLIGATION: Lessee shall reimburse any and all reasonable expenses incurred by Lessor or its staff in managing the Lease. This does not create an obligation for Lessor to perform any specific work or provide any specific services. Lessor assumes no liability for the work contemplated. The parties agree and acknowledge that this does not create an employment or fiduciary relationship. Any work performed by Lessor shall be done within Lessor’s duties and obligations as a public agency. Lessor retains ownership of any work product created and retains full discretion to act in the best interests of the State in managing and monitoring this Lease.
b. SCOPE OF WORK: Lessor’s staff shall perform work required to manage the Lease including, but not limited to, reviewing submittals required by the Lease. Such work includes any staff costs for review of inspection reports, condition assessments, and other submitted documents related to Section 2 lease provisions.
c. ESTIMATED REIMBURSEMENT COSTS: The estimated total cost for the work is Twelve-Thousand Dollars ($12,000) (“Estimated Total Cost”). d. EXPENSE DEPOSIT AND BILLINGS: The total costs invoiced, including expense deposits, for the work authorized shall not exceed the Estimated Total Cost unless Lessor provides Lessee notice of such increase outlined below. Staff costs incurred by Lessor for the work described will be billed in arrears on a monthly basis. All payments are due thirty (30) days from the date of the invoice. Lessor reserves the right to demand an expense deposit equal to the Estimated Total Cost less any funds already paid for Packet Pg. 260 Attachment: State of California Lease 5213 (4.11(d)--Approve California State Lands Commission Lease for the South Bonnyview Bridge) the remaining term of the Lease at any time by providing thirty (30) days written notice of such demand.
e. ADDITIONAL COSTS: In the event the actual costs for managing and monitoring compliance of the Lease exceeds the Estimated Total Cost, Lessor will provide written notice to Lessee. Such notice will estimate the additional funds needed for the remaining term and state the amount, if any, that Lessee must deposit. Upon notice, Lessee shall have the option to dispute or accept the increase with all the terms and conditions of the Lease remaining unchanged and in effect. Lessee shall notify Lessor in writing within five (5) business days of receiving notice of the cost increase of any intent to dispute the increase. If Lessee agrees to the revised amount or fails to respond as required herein, Lessee will be deemed to have accepted the increase and the Estimated Total Cost will automatically increase to the amount stated on Lessor’s notice of additional costs (Revised Estimated Total Cost). Lessee will deposit the balance of the Revised Estimated Total Cost within thirty (30) calendar days of the notice of the increased costs, unless a timely notice of dispute has been submitted.
f. DISPUTES: Any dispute arising under or relating to Lessor’s work which is not disposed of by agreement of Lessee and Lessor’s staff shall be decided by Lessor’s Executive Officer or designee, who shall reduce their decision to writing in regard to the dispute and shall transmit a copy thereof to Lessee within thirty (30) days of notice of the dispute.

The decision of the Executive Officer or designee shall be final and conclusive, unless within thirty (30) days from the date of receipt of such copy, Lessee transmits to Lessor a written appeal. Said appeal shall be supported with specificity.
g. In connection with any appeal proceeding under this clause, Lessee shall have an opportunity to be heard before the State Lands Commission within ninety (90) days of the receipt by staff of Lessee’s written appeal and to offer evidence in support of its appeal. Pending the final decision of any such dispute, Lessee shall proceed in accordance with the written decision of the Executive Officer or designee, which is the subject of Lessee’s appeal including the payment of invoices to the State.
h. The procedure described herein shall not prejudice or deny Lessee’s remedies at law. However, Lessee agrees to exhaust the procedure described herein before pursuing remedies at law. All amounts paid to Packet Pg. 261 Attachment: State of California Lease 5213 (4.11(d)--Approve California State Lands Commission Lease for the South Bonnyview Bridge) the State under protest shall be held by the State in trust until the dispute is resolved.
i. INVOICING AND PAYMENT: Lessee agrees to reimburse Lessor for all reasonable costs associated with lease management, including but not limited to the work and costs described in the Scope of Work above.

Staff costs shall be computed in accordance with Section 8752 of the State Administrative Manual and shall include salaries and wages, related staff benefits, and administrative overhead. Invoices shall be mailed to Lessee at the address identified in Section 1 of this lease, unless otherwise directed in writing by Lessee. Payments shall reference the lease number, Lease 5213, and must be mailed to the following address:

California State Lands Commission
Howe Avenue, Suite 100 South
Sacramento, CA 95825-8202
Attention: Accounting
j. NOTICES AND AUTHORITIES: Any notice or other written communications required or permitted may be personally delivered in writing, or may be sent by certified mail, return receipt requested, to the address stated above and shall, based on such delivery or sending, be deemed to have been effectively communicated. Any notice given other than as provided above, shall not be deemed to be effectively communicated until received in writing.

5. Lessee shall comply with all existing and subsequently enacted laws or regulations promulgated by the federal, state, and local agencies having lawful authority and jurisdiction over the facilities within the Lease Premises. The facilities shall be maintained and repaired as necessary so that the value, structural integrity, and operating efficiency are maintained.

6. Should a pipeline leak occur within the Lease Premises, Lessee shall immediately notify Lessor at (562) 590-5201, the California Governor's Office of Emergency Services at (800) 852-7550, and other applicable agencies. A spill report documenting all aspects of the leak and its final mitigation shall be filed immediately and electronically with the Lessor.

7. Lessee shall not install, attach, or authorize the placement or attachment of any additional utilities or other improvements on the bridges or within the Lease Premises without the Lessor’s prior review Packet Pg. 262 Attachment: State of California Lease 5213 (4.11(d)--Approve California State Lands Commission Lease for the South Bonnyview Bridge) and approval. Separate Leases may be required for any utilities or other improvements placed on the bridges or within the Lease Premises.

8. Lessee agrees that the provisions of Section 3, Paragraph 11 shall also extend to the period of Lessee’s unauthorized occupation of stateowned lands, from February 1, 2022, through June 6, 2024.

9. Lessee acknowledges and agrees that an environmental analysis pursuant to the California Environmental Quality Act (CEQA) may be required prior to any future restoration or removal projects. Lessee acknowledges that it would be solely responsible for any costs associated with any required environmental analysis.

10. Lessor accepts no responsibility for any damages to any property, including any vehicles, equipment, machinery, or tools within the Lease Premises or lands subject to Lessor’s jurisdiction. [Remainder of page intentionally left blank]
Packet Pg. 263 Attachment: State of California Lease 5213 (4.11(d)--Approve California State Lands Commission Lease for the South Bonnyview Bridge)