Sacramento City Council
May 23, 2023

CITY COUNCIL
Darrell Steinberg, Mayor
Lisa Kaplan, District 1
Sean Loloee, District 2
Karina Talamantes, District 3
Katie Valenzuela, District 4
Caity Maple, District 5
Eric Guerra, Vice Mayor, District 6
Rick Jennings, II, District 7
Mai Vang, Mayor Pro Tem, District 8

CHARTER OFFICERS
Mindy Cuppy, City Clerk
Susana Alcala Wood, City Attorney
Jorge Oseguera, City Auditor
Howard Chan, City Manager
John Colville, City Treasurer

City Council
Financing Authority
Housing Authority
Public Financing Authority
Redevelopment Agency
Successor Agency
915 I Street, 1st Floor, Sacramento
Published by the Office of the City Clerk
(916) 808-7200

SUPPLEMENTAL MATERIAL

Description: Attached is supplemental material received after publishing the agenda outlining revisions to the original staff report for Public Hearing Item 11.

The attached staff report and attachments replace the original staff report in its entirety.

For the Meeting of: Tuesday, May 23, 2023, at 5:00 p.m.

Agenda Item: Public Hearing Item 11

11. Elder Creek 7-Eleven Annexation (P20-036) (Two-Thirds Vote Required) [Noticed on 05/12/2023]
File ID: 2023-00561

Location: Northeast Corner of South Watt Avenue and Elder Creek Road; APN: 062-0060-033- 0000; adjacent to District 6, Represented by Vice Mayor Guerra and Annexation into the City

Recommendation: 1) Conduct a public hearing and upon conclusion Adopt: Item A. Resolution certifying a Mitigated Negative Declaration and adoption of the Mitigation Monitoring Program; SCH# 2022080366); Item B. Resolution for initiating the Annexation of 3.42 acres to the City of Sacramento; Item C. Resolution for approval of a General Plan Amendment to include the project site in the Industrial designation; Item D. Ordinance to Prezone the project site for Light Industrial (M-1S) zoning designation; Item E. Resolution for Entitlements for approval of a Conditional Use Permit for a large gas station; Conditional Use Permit for alcohol sales; Conditional Use Permit for tobacco retailing; and Site Plan and Design Review for the construction of the gas station, a 4,150-square-foot convenience store, and a 970-square-foot carwash; Item F. Resolution approving a Property Tax Exchange Agreement between the City and Sacramento County.

Contact: Cheryle Hodge, Principal Planner, (916) 808-5971, [email protected]; Community Development Department; Sierra Peterson, Associate Planner, (916) 808-7181, [email protected]
City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00561 5/23/2023 Public Hearing Item 11.

Elder Creek 7-Eleven Annexation (P20-036) (Two-Thirds Vote Required) [Noticed on 05/12/2023]
File ID: 2023-00561
Location: Northeast Corner of South Watt Avenue and Elder Creek Road; APN: 062-0060-033-0000; adjacent to District 6, Represented by Vice Mayor Guerra and Annexation into the City Recommendation: Conduct a public hearing and upon conclusion Adopt: Item A. Resolution certifying a Mitigated Negative Declaration and adoption of the Mitigation Monitoring Program; SCH# 2022080366); Item B. Resolution for initiating the Annexation of 3.42 acres to the City of Sacramento; Item C. Resolution for approval of a General Plan Amendment to include the project site in the Industrial designation; Item D. Ordinance to Prezone the project site for Light Industrial (M -1S) zoning designation; Item E. Resolution for Entitlements for approval of a Conditional Use Permit for a large gas station; Conditional Use Permit for alcohol sales; Conditional Use Permit for tobacco retailing; and Site Plan and Design Review for the construction of the gas station, a 4,150- square-foot convenience store, and a 970-square-foot carwash; Item F. Resolution approving a Property Tax Exchange Agreement between the City and Sacramento County.

Contact: Cheryle Hodge, Principal Planner, (916) 808-5971, [email protected]; Community Development Department; Sierra Peterson, Associate Planner, (916) 808-7181, [email protected]
Presenter: Cheryle Hodge, Principal Planner, (916) 808-5971, [email protected], Community Development Department
Applicant: Mark Tekin, TA Watt, LLC.

Property Owner: Mark Tekin, TA Watt, LLC.

Attachments:
01-Description/Analysis
02-Background
03-Draft Resolution_Environmental Determination and Findings 04-Exhibit A_Mitigation Monitoring and Reporting Program 05-Draft Resolution_Annexation Initiation

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.
06-Exhibit A_Legal Survey Exhibit
07-Exhibit B_Plan for Services
08-Draft Resolution_General Plan Amendment
09-Exhibit A_General Plan Amendment Exhibit
10-Draft Ordinance_Prezone
11-Exhibit A_Prezone Exhibit
12-Draft Resolution_Project Entitlements
13-Exhibit A_Project Plans
14-Draft Resolution_Tax Exchange Agreement between City and County of Sacramento 15-Exhibit A_Draft Tax Exchange Agreement between City and County of Sacramento Description/Analysis
Issue Detail: The applicant is requesting to annex approximately 3.42 acres to the City of Sacramento and construct a gas station, convenience store, and car wash on an approximately 2.49- acre parcel. The 3.42-acre annexation area includes the 2.49-acre parcel proposed for development and adjacent roadway areas. The project includes a six-pump (12 fueling positions) gas station, a convenience store with alcohol and tobacco sales, and detached car wash. Additional project features include outdoor seating for the store and an electric vehicle charging station. The proposed hours of operation for the gas station and convenience store are 24 hours a day, seven days a week.

The applicant proposes to cease alcohol sales at midnight daily. The project site is located within the City’s existing Sphere of Influence (SOI) and would annex to the City within the Industrial General Plan designation and the Light Industrial (M-1S) zone.

As stated above, the requested entitlements include: 1) General Plan Amendment; 2) Prezone; 3) Conditional Use Permit for a gas station in the Shopping Center (SC) zone; 4) Conditional Use Permit for alcohol sales (beer, wine, and distilled spirits - Type 21 license); 5) Conditional Use Permit for Tobacco Retailing; and 6) Site Plan and Design Review for the construction of a six-pump gas station with a 4,150-square-foot convenience store, and a 970-square-foot ancillary car wash. The annexation request is required for development of the project and to receive municipal services from the City of Sacramento. The Sacramento Local Agency Formation Commission (LAFCo) has ultimate approval authority of annexation requests.

Annexation is required to receive City water service, along with the appropriate General Plan and Zoning designations for the area and to accommodate the project and Conditional Use Permits (CUP) for a large gas station and alcohol sales are required in the Light Industrial zone. Tobacco retailing typically requires a director-level CUP but per City Code section 17.808.310 all permits associated with a single development project are reviewed and decided at the highest level required for the project.

Policy Considerations: The proposed General Plan designation for the subject site is Industrial.

This designation is consistent with surrounding designations and with the surrounding land uses both

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.

This designation is consistent with surrounding designations and with the surrounding land uses both within the City and the unincorporated County.

Staff finds that the project is consistent with the following General Plan goals and policies:

Goal LU 1.1 Growth and Change. Support sustainable growth and change through orderly and well- planned development that provides for the needs of existing and future residents and businesses, ensures the effective and equitable provision of public services, and makes efficient use of land and infrastructure.

Policy LU 1.1.8 Annexation Prior to City Services. Prior to the provision of City services to unincorporated areas, the City shall require those unincorporated properties be annexed into the City, or that a conditional service agreement be executed agreeing to annex when deemed appropriate by the City.

Policy LU 1.1.9 New Growth. The City shall continue to plan for future expansion and new growth in Special Study Areas to ensure that regional growth is adequately accommodated and served by the City, particularly when it cannot be absorbed in infill areas.

The proposed project development requires a reliable domestic water source. Based on the location of the site, the domestic water supply available is from the City of Sacramento and annexation is required for its provision. The site is also within the City’s SOI and so has been identified as having potential for annexation and extension of City municipal services in accordance with both City and regional planning policies. The project is also surrounded by similar and supportive land uses and not a new project on a greenfield site.

Goal LU 2.1 City of Neighborhoods. Maintain a City of diverse, distinct, and well-structured neighborhoods that meet the community’s needs for complete, sustainable, and high-quality living environments, from the historic downtown core to well-integrated new growth areas.

Policy LU 2.1.3 Complete and Well-Structured Neighborhoods. The City shall promote the design of complete and well-structured neighborhoods whose physical layout and land use mix promote walking to services, biking, and transit use; foster community pride; enhance neighborhood identity; ensure public safety; are family-friendly and address the needs of all ages and abilities.

Policy LU 2.1.7 Good Neighbors. The City shall encourage businesses located within and adjacent to residential developments to conduct their business in a courteous manner by limiting disturbances and nuisances from operations and patrons, and to act as members of the community by making themselves available to respond to complaints and by participating in neighborhood/community meetings.

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.

Policy LU 2.1.8 Neighborhood Enhancement. The City shall promote infill development, reuse, rehabilitation, and reuse efforts that contribute positively (e.g. architectural design) to existing neighborhoods and surrounding areas.

In order for commercial projects such as the proposed gas station to successfully integrate themselves into the existing urban fabric, staff must evaluate the potential impacts on its surroundings. A successful development promotes vitality and provision of amenities while responding to the relationship between the project itself and surrounding land use context.

Being located at the edge of the City, the proposed gas station will help serve residents and businesses both within and outside of the City proper. Many industrial businesses are located near the project site, with minimal residences in a rural setting further east in the unincorporated County.

While the amenities provided by the project will help to enhance the livability for people nearby, the attractive architecture and enhanced landscaping will also help to elevate the aesthetics of the intersection of two busy roadways. The landscaping will also help soften the new streetscape and serves to capture pollution from both South Watt Avenue and Elder Creek Road.

Fruitridge Broadway Community Plan
The subject property will be located within the Fruitridge Broadway Community Plan Area of the General Plan. This Community Plan Area has a diverse mix of established neighborhoods, commercial corridors, and the largest industrial area in the City. The project site would be adjacent to this large industrial district at the very southeast portion of the City, surrounded by many warehousing, outdoor storage, and small commercial service uses. Additionally, this area within the community plan is envisioned to accommodate clean technology uses and businesses.

Staff finds that the project is consistent with the vision stated in the Fruitridge Broadway Community Plan goals and policies related to the integration and balance of support retail uses with employment generating uses such as industrial and commercial services. The integration of these retail uses with the various nearby employment uses and provided electric vehicle charging will provide much- needed services in a portion of the City and region with limited amenities.

Economic Impacts: None.

Environmental Considerations: The City of Sacramento prepared a Mitigated Negative Declaration (MND) for the Elder Creek 7-Eleven Annexation (P20-036) project. In accordance with the California Environmental Quality Act (CEQA), the MND was circulated for a 30-day public review period from August 17, 2022 to September 16, 2022. The comment period was also advertised in a newspaper of general circulation. A notice of availability / notice of intent to adopt (NOA/NOI) an MND was posted in the County Clerk’s Office and was sent to applicable regulatory agencies, neighborhood

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.
in the County Clerk’s Office and was sent to applicable regulatory agencies, neighborhood associations, and stakeholders in the project area. The NOA/NOI along with the MND were posted on the State Office of Planning and Research, State Clearinghouse CEQAnet site.

The City received four (4) letters/emails during the public comment period, three from agencies [Caltrans, Central Valley Regional Water Quality Control Board (CVRWQCB), Sacramento Area Sewer District (SASD) and Sacramento Metropolitan Air Quality Air District (SMAQMD)]. The comment letters and responses are included on the City’s CDD EIR webpage under the Elder Creek 7-Eleven Annexation Project (P20-036) (webpage listed below). Each of the comments addressed the project site and conditions as they relate to the particular areas of concern of the respective commenting agency. In response Staff has made clarifications and minor modifications to the MND related to the acreage and the project operation and the permitting by SMAQMD. The MND as revised along with the comments and responses do not create any circumstances identified in CEQA Guidelines Section 15073.5 that would require recirculation.

The Environmental Services Manager has determined that adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) are appropriate actions under the CEQA. The initial study/MND for the project, and the MND revisions, comments and responses are available at the Community Development Department’s EIR webpage located at the following:
http://www.cityofsacramento.org/Community-Development/Planning/Environmental/Impact-Reports Sustainability: The City of Sacramento has adopted the CalGreen Code. The project would be constructed to meet the standards that pertain to energy efficiency for nonresidential development and electric vehicle charging. The project would include the installation of short- and long-term bicycle parking. The project will comply with the CalGreen code by providing EV capable charging spaces.

Commission/Committee Action: On November 10, 2022, the Planning and Design Commission held a public hearing on the Elder Creek Road 7-Eleven Annexation Project and passed a motion to forward a recommendation of approval to the City Council.

Rationale for Recommendation: Staff recommends approval of the requested entitlements based on the findings of fact and subject to the conditions of approval listed in Attachment 12. The proposed annexation and development comply with the goals and policies of the 2035 General Plan in that this commercial development develops an underutilized and vacant parcel, it includes abundant landscaping along the right-of-way frontage, it will have minimal impacts to the surrounding area, and will serve the nearby workforce and residents.

Public/Neighborhood Outreach and Comments: As part of the initial application review process, the proposal was routed (emailed) on November 13, 2020, to the Power Inn Alliance. The project was also posted with an early notice for development application at the project site. On October 28, 2022, staff notified all property owners, residents, and neighborhood groups within 500 feet of the subject

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.
staff notified all property owners, residents, and neighborhood groups within 500 feet of the subject site about the Planning and Design Commission hearing held on November 10, 2022. In addition, staff notified all property owners, residents, and neighborhood groups within 500 feet of the subject site about the City Council hearing. At the time of writing this report, staff has received no comments from the community.

Financial Considerations: The proposed Tax Exchange Agreement calls for an equal sharing by the City and County of the property tax revenue generated within the annexation area. Additionally, the agreement specifies the limited distribution of the City’s post-annexation property tax share to the Sacramento Metropolitan Fire District and the Cordova Recreation and Park District, as the annexation proceedings would include detachment from these two special districts. The tax-sharing agreement would commence on the annexation date and would continue into perpetuity. The project would provide library funding under Measure X through property taxes starting at a rate of $55.53 per acre for commercial properties annually. In addition, the project would be required to pay development fees that would support the funding of public services needed to serve all development within the Elder Creek 7-Eleven area. More detailed discussion of the agreement is included in the “Background” section of the staff report (Attachment 2).

Local Business Enterprise (LBE): None.

Background Information
The applicant is requesting to annex 3.42 acres into the City of Sacramento, inclusive of a single 2.49 -acre parcel, and located adjacent to the industrial area of Council District 6 (Figure 1). The subject parcel is currently vacant with the applicant proposing to construct a gas station, a convenience store with alcohol and tobacco sales, and an ancillary car wash. This request for annexation to build the project is necessitated by a lack of infrastructure outside the City and the need for a water supply capable of supporting commercial development. The subject property is located within the City’s existing Sphere of Influence (SOI) area. An SOI area is determined by the Sacramento Local Agency Formation Commission (LAFCo) as a plan for the probable ultimate physical boundaries and service area of a local governmental agency (such as a city). The proposed project and annexation request is landowner initiated and surrounding property owners are not interested in having their properties annexed into the City limits at this time.

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.

Figure 2 - Project Location and Sphere of Influence
Table 1: Project Information
General Plan Designation
(proposed):

Industrial
Zoning (proposed): Light Industrial (M-1S)
Existing Use: Vacant
Annexation Area: 3.42 acres
Parcel Area: 2.49 acres
Floor Area Ratio (FAR): 0.05
Land Use Context
The project site is a single parcel adjacent to and directly east of the City limit. The project site along with surrounding parcels to the north and east are within the City’s Sphere of Influence (SOI). Land within the City to the west and further north are developed with industrial uses, with a gas station located at the southwest corner of the South Watt/Elder Creek intersection. Outdoor storage yards and a commercial nursery are located to the east of the project site, with a bulk outdoor storage yard

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.
and a commercial nursery are located to the east of the project site, with a bulk outdoor storage yard to the south of Elder Creek Road, all within the unincorporated county.

Project Specifics
This project proposes annexation of 3.42 acres, including the 2.49 acres project site, and construction of a six-pump (12 fueling stations) gas station with a 4,150-square-foot convenience store, and a 790-square-foot ancillary (accessory) car wash. Each component of the gas station is contained in individual buildings with the gas station’s freestanding fuel canopy near the center of the site. Driveways would access the site on each adjacent street (South Watt Avenue, Elder Creek Road, and Turner Road). The applicant is proposing 24-hour operation of the gas station and convenience store, outdoor seating amenities, and a level-2 electric vehicle charging station capable of charging two vehicles is proposed in the main parking area of the convenience store. Part of the east side of the site will be left lightly landscaped and could accommodate potential future development. The proposed site plan can be seen in Figure 3.

Figure 3-Site Plan

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.

Entitlement Review
The entitlement discussion that follows is organized into two sections as outlined below:

I. Annexation
a. Plan for Services
b. Tax Exchange Agreement
II. Supporting Entitlements
a. Prezone
b. General Plan Amendment
c. Site Plan and Design Review
I. ANNEXATION
The 3.42-acre annexation area includes the 2.49-acre parcel proposed for development and adjacent roadway areas. The legal survey exhibit depicting the annexation area is provided in Attachment 6.

The site is located outside the City’s boundaries within the unincorporated County. The State of California enacted legislation in the 1960s to provide regulation on the reorganization of municipal boundaries. These laws have since been refined and are now referred to as the Cortese-Knox- Hertzberg Local Government Reorganization Act. This law establishes rules and policies for incorporating land into local jurisdictions (cities). One major component of the law is the creation of Local Agency Formation Commissions (LAFCo). LAFCos represent each county in the State and are the final decision-makers on annexations. They serve an important role in evaluating local

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.
the final decision-makers on annexations. They serve an important role in evaluating local government boundaries while guiding the efficient, cost-effective, and reliable delivery of municipal services to California’s citizenry.

Once a property is within the City’s Sphere of Influence (SOI), the initiation of the annexation may occur in one of three ways: City Council Resolution, registered voter petition or landowner petition.

The registered voter petition requires five (5) percent of registered voters within the affected territory to sign the petition. Once the initiation has occurred, the City or registered voters/landowners file an application with LAFCo requesting annexation. In the City of Sacramento, the City typically initiates the annexation and submits the application to LAFCo, not property owners or voters. For the Elder Creek 7-Eleven Annexation, the City will be initiating the annexation, by Resolution from the City Council.

Once LAFCo receives a complete application from the City of Sacramento, which includes an executed Tax Exchange Agreement, Prezoning, and a Plan for Services, the LAFCo staff analyzes all issues, prepares a staff report with recommendations, and sets the matter for hearing before LAFCo.

The following further describes the Tax Exchange Agreement and Plan for Services. a. Plan for Services (PFS): When a proposal for a change of organization or reorganization is submitted to LAFCo, the applicant (City of Sacramento) is required to submit a plan for providing services within the affected territory. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CHK Act) requires that a Plan for Services (PFS) be prepared prior to “changes of organization or reorganization.” The PFS is a tool for the Sacramento Local Agency Formation Commission (LAFCo) to consider an update to the physical boundaries and service area of a local agency. The PFS describes the services to be extended, the level and range of services, timing for the services, improvements and facility upgrades associated with the services, and how the services would be financed. The purpose of this PFS is to provide an analysis of public services and background information for the proposed reorganization of the project to the City of Sacramento and the proposed detachment from the following service districts:
· Detachment from Southgate Recreation and Park District · Detachment from Sacramento Metropolitan Fire District · Detachment from Sacramento County Water Maintenance District Zones 11, 12, 13, and 40 (water supply and drainage planning services)
· Detachment from County Service Area No. 1 and 11
The City will be responsible for the provision of municipal services after the annexation is approved and effective. An operating budgetary analysis of the costs of services and the area’s generation of City revenue indicated that the projected costs of services and revenue

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.
area’s generation of City revenue indicated that the projected costs of services and revenue are approximately equal assuming the property tax distribution contained within the proposed tax exchange agreement. The project would provide library funding under Measure X through property taxes starting at a rate of $55.53 per acre for commercial properties annually. In addition, the project would be required to pay development fees that would support the funding of public services needed to serve all development within the Elder Creek 7-Eleven area.

Although the PFS is not an entitlement for action by the Planning and Design Commission or City Council, a copy is attached to the staff report (Attachment 7). b. Tax Exchange Agreement: Under Revenue & Taxation Code Section 99(b)(4), the City and County must adopt a property tax exchange agreement (TEA) prior to LAFCo taking an action on the annexation. The tax-exchange agreement requirement essentially gives counties de facto veto power over city annexations. Should the County in question choose not to enter into a tax exchange agreement, then the annexation will not be considered by LAFCo. A tax- exchange agreement specifies the redistribution of property taxes among the City, the County, and other agencies such as special districts. Typically, tax revenues accruing to the County, some special county funds, and special districts are redistributed to the annexing City and the County. The County is responsible for representing the interests of special districts, and there is a meet-and-confer requirement if the tax exchange will impact a special district.

Proposed Tax Exchange Agreement:

The proposed TEA calls for an equal sharing by the City and County of the municipal property tax revenue generated for the project site (parcel). The agreement also calls for equal sharing by the City and County of any sales tax revenue generated during any time the retail and commercial land uses that exceed 30 acres within the annexation area. In addition, any Transient Occupancy Tax (TOT) from hotel/motel projects (the City’s General Fund portion) within the annexation site would be shared equally between the City and County. If in the event any property within the annexation area is rezoned by the City, the City would be required to provide written notice of such rezoning to the County. The tax-sharing agreement would commence on the annexation date and would continue into perpetuity.

The proposed tax-exchange agreement provides that within the annexation area, the following will be pooled and shared equally between the City and the County:
· County Roads
· Sacramento County Water
· County General Fund
· Sacramento Metropolitan Fire District, and
· Southgate Parks and Recreation District

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.

The proposed tax-exchange agreement would provide that Southgate Parks and Recreation District receive $4,555.50 from the City, which represents the yearly payment of its annexation shares ($891.10) and Landscaping and Lighting Assessment District annual revenue of $20 ($100.00) for a period of 5 years. No further revenue will be distributed to the Park District after such $4,555.50 payment is made.

Sacramento Metropolitan Fire District will receive $24,497.35 from the City, which represents the yearly payment of its annexation shares ($4,899.47) for a period of 5 years. No further revenue will be distributed to the Fire District after such $24,497.35 payment is made.

The Draft Property Tax Exchange Agreement is provided as Attachment 15.

II. SUPPORTING PROJECT ENTITLEMENTS
a. Prezone: The site has historically been vacant for many decades and the Light Industrial zone will enable the project to develop with the proposed project and be consistent with the surrounding City and County zoning. The purpose of the M-1S zone is to permit the manufacture or treatment of goods along with supportive commercial uses. Larger landscaped setbacks are required in the M-1(S) zone provide more attractive and uncrowded developments.

Staff supports the prezoning of this parcel to Light Industrial (M-1S) zone for the following reasons: a) the M-1S zone is consistent with the General Plan Designation of Industrial; b) provides an appropriate and contextual zoning designation to nearby City zoning; and c) redevelops a vacant and blighted property with commercial and amenity spaces for nearby workers and travelers.
b. General Plan Amendment: The requested General Plan Amendment is a required part of the annexation process in order to designate the project site within the context of the City’s primary land use policy document. The Industrial designation primarily envisions larger industrial buildings and uses, with smaller supporting uses where appropriate. The size of the parcel and its location both adjacent to other Industrial land and bounded on three sides by public roadways support the designation itself and the proposed development. Staff also finds that future land use policies and annexation efforts in the surrounding area promote further development of similar uses, building of existing context and surrounding County lands. Staff supports the Industrial designation for the following reasons: a) The project site is within the City’s Sphere of Influence and surrounded by Industrial designations; b) supports the safety, convenience, and welfare of the City by providing additional amenities in and area lacking commercial uses; and c) the Industrial designation is consistent with the proposed Light

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.

Industrial (M-1S) zone.
c. Conditional Use Permits: The subject site is proposed to be located in the Light Industrial (M -1S) zone. The approval of two Conditional Use Permits (CUP) are required for this project:
one each for a larger gas station, alcohol sales, and for tobacco retailing. The CUP process is designed to evaluate a project’s potential impact on a site and the surrounding area. In evaluating the proposed project, staff found the potential impacts generated by the project to be minimal, as it is surrounded by low intensity industrial and other similar commercial.

Conditional Use Permit - Large Gas Station
The CUP for a large gas station is required in the proposed Light Industrial zone for projects able to fuel 10 or more vehicles at the same time (project is proposed for 6 pumps and capacity of up to 12 vehicles). Additionally, large gas stations must be further than ½ mile from an existing or planned light rail station and within 500 feet of a freeway right-of-way, roadway with six or more lanes, or City truck route or Surface Transportation Assistance Act truck route designated by the City Council. The subject site is located at the northeast intersection of South Watt Avenue and Elder Creek Road which are both City and STA designated truck routes. The proposed car wash is an ancillary use to the gas station and does not require a Conditional Use Permit. The car wash is located approximately 10 feet from the northern property line and approximately 100 feet from the South Watt Avenue right- of-way. Vehicles using the car wash would travel east to west, exiting towards South Watt Avenue. There are no nearby sensitive noise receptors or residences.

Conditional Use Permit - Alcohol Sales
The applicant is requesting permission for the sale of distilled spirits for offsite consumption (Type 21 license). The Type 21 authorizes the sale of beer, wine, and distilled spirits for consumption off-site. Planning and Development Code section 17.228.108.A.2(a) requires consideration of whether alcoholic beverage sales for off-site consumption will detrimentally affect nearby residentially zoned areas by considering the distance of the proposed use from residential buildings, churches (and faith congregations), schools, hospitals, parks and playgrounds, childcare centers, social services, and other similar uses. Within 1000-feet radii of the subject site, there are numerous industrial warehousing uses and storage yards, commercial uses, and three residential properties. Other than the small number of residential uses to the south and east of the project site, no other sensitive uses are proximate to the project site.

The Sacramento Police Department provided a letter to the Alcohol Beverage Control Agency stating that they believe the Public Convenience or Necessity (PCN) would be served with the issuance of a Type 21 license for the proposed location. The Police Department has requested that ABC place conditions on the ABC license, including: 1) No beer or malt beverage product (s) shall be sold, regardless of container size, in quantities of less than six per sale; 2) The

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.
(s) shall be sold, regardless of container size, in quantities of less than six per sale; 2) The sale of distilled spirits for consumption off the premises shall be in bottles or containers no smaller than 750 ml.; and 3) No wine shall be sold with an alcohol content of greater than 15% by volume. The Police Department believes that adding these conditions will mitigate any potential issues.

In addition to the proposed conditions from the Police Department, Planning staff will condition this permit with a number of “good neighbor” policies which require the operator to have contact information for a manager or the owner posted in a readily accessible location.

Acceptance and compliance with CUP operating conditions will assist in discouraging and preventing associated negative impacts which can contribute to the development of blighted areas.

Conditional Use Permit - Tobacco Sales
In order to approve a CUP for tobacco retail sales, the project must be able to meet each of the standard four findings for CUPs. Staff finds that the sale of tobacco would meet all four findings because it is consistent with the General Plan, zoning, and is able to provide adequate access to the site. Staff also finds that the fourth finding related to public health and safety can be found because the project will provide a point of sale (POS) identification check to ensure tobacco is not sold to minors and the project will be implementing several security measures as part of reestablishing the gas station. Staff recommends approval of the CUP for tobacco retail sales based on meeting all four findings listed in Attachment 3.

The City recently adopted an ordinance that requires a Conditional Use Permit citywide for tobacco retailing within buildings less than 15,000 square feet or with shelf space of more than 250 square feet (OR2019-0027). All tobacco retailers are also required to obtain a license and comply with the requirements established in City Code section 5.138. As part of the Title 5 licensing requirements, no license shall be issued, and no existing license shall be renewed, to authorize tobacco retailing within 1,000 feet of a tobacco retailer already licensed (SCC

5.138.040.B). This locational requirement is not regulated by Title 17 and, therefore, is not considered as part of the review for a CUP; however, these restrictions are communicated to each applicant. Based on current licensing information, staff was able to identify one tobacco retailer located within a 1,000-foot radius of the subject site, USA One Food Mart, which is directly southwest of the subject site.
d. Site Plan and Design Review: Site Plan and Design Review is required for the project to ensure compliance with applicable development standards and design guidelines. The applicable development standards for the Light Industrial (M-1S) zone are below in Table 2.

Standard Required Proposed Deviation?
Height 70’ maximum 19’ N
Front Setback 25’ minimum 44’ N
Street Side Setback 25’ minimum 41’ N
Rear-Yard Setback N/A 9’ 6” N

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.Table 2: Applicable Development Standards Standard Required Proposed Deviation?
Height 70’ maximum 19’ N
Front Setback 25’ minimum 44’ N
Street Side Setback 25’ minimum 41’ N
Rear-Yard Setback N/A 9’ 6” N
Site Design, Access, Circulation, and Parking
The project site is located between three public roadways: two major arterials (Watt and Elder Creek), and one local street (Turner Road). Vehicular traffic will have direct access to the gas station from driveways at each street frontage, but limited access depending on travel direction on the arterial roadways for safety (both right-in, right-out). The lower volumes on the local Turner Road will allow full access. Additionally, the County of Sacramento is currently implementing a project to expand both South Watt Avenue and Elder Creek Road, which the project has provided space to accommodate. Pedestrian access from all street frontages with an internal walkway system around the convenience store building itself. The proposed project is consistent with the Neighborhood Commercial Corridor Design Principles in that balanced circulation routes for both pedestrians and vehicles have been provided.

The subject site will be located in a Suburban Parking District with parking standards for the site listed in Tables 3 and 4 below. The standards represent ratios for retail stores in reference to the convenience store. Gas stations and associated car washes do not have specific standards as they inherently provide parking when filling or washing occurs respectively. The electric vehicle charging spaces face South Watt Avenue.

Table 3: Suburban Parking Requirements - Vehicles
Use Required Provided Deviation?
Convenience Store - 4,150
square feet1
10 15 N
1 1 space for every 400 gross square feet of building.

Table 4: Suburban Parking Requirements - Bicycle
Use Required Provided Deviation
?
Long-
Term1
Short-
Term2
Long-
Term
Short-
Term
Convenience Store - 4,150
square feet
2 2 2 2 N
1

Table 2: Applicable Development Standards
File ID: 2023-00561 5/23/2023 Public Hearing Item 11.
1 1 long-term bicycle space for every 12,000 gross square feet of building (or 2, whichever is greater). 2 1 short-term bicycle space for every 5,000 gross square feet of building (or 2, whichever is greater).

Landscaping
The provided landscape plan shown in Figure 4 has been reviewed by the Urban Forestry unit of the Department of Public Works to confirm compliance with the City’s requirements for parking lot shading which require that after 15 years, 50% of the parking lot, where vehicles will maneuver, is shaded by tree canopy. This project provides 50% tree shading in compliance with this requirement. The landscape plan shows abundant landscaping around the project site and along all street frontages, as well as adjacent to the car wash. Additionally, trees and shrubs planted near the outdoor seating amenities and trash enclosure help soften the structures while providing a pleasant and usable space.

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.

Architectural Analysis
The Citywide Commercial Design Guidelines intend for projects to be contextual and provide elevated materials. The proposed building design meets the intent and purpose of the design guidelines in that it is well articulated by providing variation in height in rooflines and design elements, as well as in the use of different materials such as stone veneer, glass, metal awnings, and stucco. The carwash and fuel island canopy emulate the convenience store design with a stone veneer base and stucco body. As mentioned above, the store, carwash, and trash encloser are also screened through the use of shrubbery and trees from viewpoints within and outside the project site. Renderings of the 7-Eleven store are shown in Figure 5 through 7. The complete project plans are provided in Attachment 13.

Figure 4 - Landscape Plan
File ID: 2023-00561 5/23/2023 Public Hearing Item 11.

Figure 5 - Rendering of Store Entry and Fueling Island from Elder Creek Road Figure 6 - Rendering of Store from S. Watt Avenue

File ID: 2023-00561 5/23/2023 Public Hearing Item 11.

Figure 7 - Rendering of Store from Turner Road

RESOLUTION NO. 2023-[XXX]-
Adopted by the Sacramento City Council

ADOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING PROGRAM FOR THE ELDER CREEK 7-ELEVEN ANNEXATION PROJECT (P20-036)

BACKGROUND
A. On November 10, 2022, the City Planning and Design Commission conducted a public hearing and forwarded to the City Council a recommendation to approve with conditions the Elder Creek 7-Eleven Annexation Project.

B. On May 23, 2023, the City Council conducted a public hearing, for which notice was given pursuant Sacramento City Code, and received and considered evidence concerning the Elder Creek 7-Eleven Annexation Project.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. The City Council finds as follows:

A. The Project initial study identified potentially significant effects of the Project.

Revisions to the Project made by or agreed to by the Project applicant before the proposed mitigated negative declaration and initial study were released for public review were determined by City’s Environmental Planning Services to avoid or reduce the potentially significant effects to a less than significant level, and, therefore, there was no substantial evidence that the Project as revised and conditioned would have a significant effect on the environment. A Mitigated Negative Declaration (MND) for the Project was then completed, noticed and circulated in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Sacramento Local Environmental Procedures as follows:

1. On August 17, 2022, a Notice of Intent to Adopt the MND (NOI) dated August 17, 2022, was circulated for public comments for 30 days. The NOI was sent to those public agencies that have jurisdiction by law with respect to the proposed project and to other interested parties and agencies, including property owners within 500 feet of the boundaries of the proposed project. The comments of such persons and agencies were sought.

2. On August 17, 2022, the NOI was published in the Sacramento Bulletin, a newspaper of general circulation, the NOI was posted in the office of the Sacramento

County Clerk, and the NOI along with draft MND was posted with the State Office of Planning and Research, State Clearinghouse (CEQAnet).

3. The Initial Study was revised after public notice of its availability; however, none of the conditions requiring recirculation (CEQA Guidelines section 15073.5(b)) is applicable to the project. The revisions made are clarifications of information related to the acreage and the operation of the site and permitting requirements of the Sacramento Metropolitan Air Quality Management District (SMAQMD). The revisions to the project do not result in new avoidable significant effects.

Section 2. The City Council has reviewed and considered the information contained in the MND, including the initial study, the revisions and conditions incorporated into the Project, and the comments received during the public review process and the hearing on the Project. The City Council has determined that the MND constitutes an adequate, accurate, objective and complete review of the environmental effects of the proposed project.

Section 3. Based on its review of the MND and on the basis of the whole record, the City Council finds that the MND reflects the City Council’s independent judgment and analysis and that there is no substantial evidence that the Project will have a significant effect on the environment.

Section 4. The City Council adopts the MND for the Project.

Section 5. Pursuant to CEQA section 21081.6 and CEQA Guidelines section 15074, and in support of its approval of t he Project, the City Council adopts a Mitigation Monitoring and Reporting Program (MMRP) to require all reasonably feasible mitigation measures be implemented by means of Project conditions, agreements, or other measures, as set forth in the Mitigation Monitoring and Reporting Program.

Section 6. Upon approval of the Project, the City Manager shall file or cause to be filed a Notice of Determination with the Sacramento County Clerk and, if the project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to section 21152(a) of t he Public Resources Code and section 15075 of the State EIR Guidelines adopted pursuant thereto.

Section 7. Pursuant to Guidelines s ection 15091(e) , the documents and other materials that constitute the reco rd of proceedings upon which the City Council ha s based its decision are located in and may be obtained from, the Office of the City Clerk at 915 I Street, Sacramento, California. The City Clerk is the custodian of records for all matters before the City Council.

Table of Contents:

Exhibit A: Mitigation Monitoring and Reporting Program
City of Sacramento
Elder Creek 7-Eleven Annexation Project 1

MITIGATION MONITORING AND REPORTING PROGRAM

INTRODUCTION
The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (PRC Section 21081.6 and State CEQA Guidelines Sections 15091[d] and 15097) require public agencies “to adopt a reporting and monitoring program for changes to the project which it has adopted or made a condition of project approval to mitigate or avoid significant effects on the environment.” A Mitigation Monitoring and Reporting Program (MMRP) is required for the proposed project because the Initial Study (IS) identifies potential significant adverse impacts related to project implementation, and mitigation measure have been identified to reduce those impacts. Adoption of the MMRP would occur along with approval of the proposed project.

PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM
This MMRP has been prepared to ensure that all required mitigation measures are implemented and completed in a satisfactory manner prior to implementation of the proposed project. The attached table has been prepared to assist the responsible parties in implementing the mitigation measures. The table identifies the impact, mitigation measures, monitoring responsibility, mitigation timing, and provides space to confirm imple mentation of the mitigation measures. The numbering of mitigation measures follows the numbering sequence found in the IS.

Mitigation measures that are referenced more than once in the IS are not duplicated in the MMRP table.

ROLES AND RESPONSIBILITIES
Unless otherwise specified herein, the City of Sacramento (City) is responsible for taking all actions necessary to implement the mitigation measures under its jurisdiction according to the specifications provided for each measure and for demonstrating that the action has been successfully completed.

Inquiries should be directed to:

City of Sacramento
Community Development Department
Environmental Planning Services
300 Richards Boulevard, 3rd Floor
Sacramento, CA 95811
Attn: Scott Johnson
The City is responsible for overall administration of the MMRP and for verifying that City staff members have completed the necessary actions for each measure.

REPORTING
The City shall document and describe the compliance of the activity with the required mitigation measures either within the attached table or a separate monitoring documentation as part of implementing the proposed project.

City of Sacramento
Elder Creek 7-Eleven Annexation Project 2

Mitigation Monitoring and Reporting Program Ascent Environmental

MITIGATION MONITORING AND REPORTING PROGRAM TABLE
The categories identified in the attached MMRP table are described below.  Mitigation Measure – This column provides the verbatim text of the adopted mitigation measure.  Implementing Party – This column identifies the party responsible for implementing the mitigation measure.  Timing – This column identifies the time frame in which the mitigation will be implemented.  Monitoring Party – This column identifies the party responsible for monitoring compliance with the requirements of the mitigation measure.
 Verification – This column is to be dated and signed by the person (either project manager or his/her designee) responsible for verifying compliance with the requirements of the mitigation measure.

Ascent Environmental Mitigation Monitoring and Reporting Program City of Sacramento
Elder Creek 7-Eleven Annexation Project 3

Mitigation Monitoring and Reporting Program
Mitigation Measures Implementing Party Timing Monitoring Party Verification Air Quality
Mitigation Measure 3.3-1: Implement SMAQMD’s Basic Construction Emission Control Practices
Due to the nonattainment status of the SVAB with respect to ozone, PM10, and PM2.5, SMAQMD requires that projects implement a set of Basic Construction Emission Control Practices regardless of the significance determination. The Basic Construction Emissions Control Practices are considered feasible for controlling fugitive dust from construction site thereby reducing PM emissions. The practices also serve as BMPs, allowing the use of the non-zero PM significance thresholds for construction (SMAQMD 2019).

Under Mitigation Measure 3.3-1, the following Basic Emission Control Practices recommended by SMAQMD for the reduction of PM 10 and PM2.5 shall be implemented during project construction.

Basic Construction Emission Control Practices
 Water all exposed surfaces two times daily. Exposed surfaces include, but are not limited to, soil piles, graded areas, unpaved parking areas, staging areas, and access roads.
 Cover or maintain at least 2 feet of freeboard space on haul trucks transporting soil, sand, or other loose material on the site.

Any haul trucks that would be traveling along freeways or major roadways shall be covered.
 Use wet power vacuum street sweepers to remove any visible track out mud or dirt onto adjacent public roads at least once a day. Use of dry power sweeping is prohibited.
 Limit vehicle speeds on unpaved roads to 15 miles per hour.  Complete the paving of all roadways, driveways, sidewalks, and parking lots to be paved as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used.
 Minimize idling time either by shutting equipment off when not in use by reducing the time of idling to 5 minutes (California Code of Regulations, Title 13, Sections 2449[d][3] and 2485). Provide clear signage that posts this requirement for workers at the entrances to the site.

Construction contractor During construction City
Mitigation Monitoring and Reporting Program Ascent Environmental City of Sacramento
Elder Creek 7-Eleven Annexation Project 4

Mitigation Monitoring and Reporting Program
Mitigation Measures Implementing Party Timing Monitoring Party Verification  Provide current certificate(s) of compliance for the California Air Resources Board (CARB) In -Use Off-Road Diesel-Fueled Fleets Regulation (California 2449 and 2449.1). For more information, contact CARB at 877-593-6677, [email protected], or
www.arb.ca.gov/doors/compliance_cert1.html.
 Maintain all construction equipment in proper working condition according to manufacturers’ specifications. The equipment must be checked by a certified mechanic and determined to be running in proper condition before it is operated.

Biological Resources
Mitigation Measure 3.4-1: Avoid Disturbance to Swainson’s Hawk and Other Raptor Nests
The applicant shall implement the following measures, which are consistent with the AMMs in the SSHCP:
 For project activities, that begin between March 1 and September 15, the applicant shall retain a qualified biologist to conduct preconstruction surveys for Swainson’s hawk and other nesting raptors shall be conducted to identify active nests on and within

0.25 mile of the project site. Two surveys shall be conducted before the beginning of any construction activities between March 1 and September 15. The first survey shall be conducted within 30 days prior to ground disturbance activities, with a follow up survey 3 days prior to the start of ground disturbance activities.
 If active Swainson’s hawk or other covered raptor species nest(s) are found within 0.25 mile of any project-related activity, the applicant shall establish a 0.25-mile no-disturbance buffer around the active nest until the young have fledged.
 If active nests of other raptors (other than Swainson’s hawk or other covered raptor species) are found within 500 feet of any project-related activity, the applicant shall establish a no- disturbance buffer around the active nest until the young have fledged. Buffer size shall be determined by a qualified biologist.

Factors to be considered for determining buffer location shall include presence of natural buffers provided by vegetation, Project Applicant/Construction
Contractor
Prior to and during
construction
City
Ascent Environmental Mitigation Monitoring and Reporting Program City of Sacramento
Elder Creek 7-Eleven Annexation Project 5

Mitigation Monitoring and Reporting Program
Mitigation Measures Implementing Party Timing Monitoring Party Verification buildings, or topography; nest height above ground; baseline levels of noise and human activity (e.g., roads, other nearby urban development); and species sensitivity.
 If Swainson’s hawk are nesting within 0.25 mile of any project- related activity, the applicant shall retain a qualified biologist experienced with Swainson’s hawk behavior to monitor the nest throughout the nesting season and determine when the young have fledged. The qualified biologist can reduce the disturbance buffer as long as reducing the buffer would not likely result in nest abandonment. CDFW guidelines recommend
implementation of 0.25-mile-wide buffer for Swainson’s hawk and 500-feet for other raptors, but the size of the buffer may be adjusted if a qualified biologist and the City determine that such an adjustment would not be likely to adversely affect the nest.

The qualified biologist shall be on site daily while construction- related activities are taking place within the buffer. If nesting Swainson’s hawks begin to exhibit agitated behavior, such as defensive flights at intruders, getting up from a brooding position, or flying off the nest, the qualified biologist shall have the authority to shut down construction activities. If agitated behavior is exhibited, the biologist, and the City shall meet to determine the best course of action to avoid nest abandonment or take of individuals and shall consult CDFW, if necessary, to identify appropriate avoidance measures. The qualified biologist shall also train construction personnel on the required avoidance procedures, buffer zones, and protocols in the event that a Swainson’s hawk flies into the active construction zone.  The applicant shall retain a qualified biologist to conduct a mandatory Worker Environmental Awareness Program for all construction workers, including contractors, prior to the commencement of construction activities. The training shall include how to identify special-status species and other species discussed in this section that might enter the construction site, relevant life history information and habitats, statutory requirements and the consequences of non-compliance, the boundaries of the construction area and permitted disturbance zones, litter control training and appropriate protocols if a

Mitigation Monitoring and Reporting Program Ascent Environmental City of Sacramento
Elder Creek 7-Eleven Annexation Project 6

Mitigation Monitoring and Reporting Program
Mitigation Measures Implementing Party Timing Monitoring Party Verification special-status species is encountered. Supporting materials containing training information shall be prepared and distributed by the qualified biologist. When necessary, training and supporting materials shall also be provided in Spanish. Upon completion of training, construction personnel shall sign a form stating that they attended the training and understand all of the AMMs.
 Orange construction fencing shall be installed to ensure that ground disturbance does not extend beyond the allowed
construction footprint (i.e., the limit of project construction plus equipment staging areas and access roads). This fencing shall remain in place until project completion.

Mitigation Measure 3.4-2: Avoid Disturbance of Common Native Birds  A preconstruction survey shall be required to determine if active nests of common native birds are present within 100 feet of the project site if construction activities shall occur during the breeding season (March 1 through September 15). A qualified biologist shall conduct preconstruction surveys within 14 days of ground-disturbing activities.
 If active nests of common native bird species are found, Tekin shall establish a temporary no-disturbance buffer; the size of which shall be determined by a qualified biologist. Factors to be considered for determining buffer size shall include presence of natural buffers provided by vegetation or topography, nest height above ground, baseline levels of noise and human activity, species sensitivity, and proposed project construction activities.

Generally, buffer size for common native bird species shall be at least 20 feet. The size of the buffer may be adjusted if a qualified biologist, determines that such an adjustment would not be likely to adversely affect the nest.

Project Applicant/Construction
Contractor
Prior to and during
construction
City
Mitigation Measure 3.4-3: Retain City/Private Protected Trees or Acquire Permit for Tree Removal and Participate in Remediation The applicant shall retain a qualified arborist. The hired arborist must have either a certification through the International Society of Arboriculture (ISA) as well as active ISA certification number, be a Project Applicant/Construction
Contractor
Prior to and during
construction
City
Ascent Environmental Mitigation Monitoring and Reporting Program City of Sacramento
Elder Creek 7-Eleven Annexation Project 7

Mitigation Monitoring and Reporting Program
Mitigation Measures Implementing Party Timing Monitoring Party Verification registered consulting arborist with the American Society of Consulting Arborists (ASCA) or have five or more years of demonstrable professional arborist experience and willingness to sign a contract saying all work shall be in ANSI A300 standard compliance (Sacramento City Code 12.56).
 Survey all five trees on project site for trunk location and DSH.  Determine if city and/or private protected trees (valley oak, Figure

3.4-1) are on project site.
 All trees on the project site should be retained when possible, during construction activities. Pursuant to the standards of the City of Sacramento Tree Preservation Order, if city or private protected trees are to be retained and if work is planned to occur within dripline, which is the ground underneath the outer circumference of branches, of the tree, a tree protection plan would be required.
 If retention of the city or private protected trees on site is not possible, and tree pruning and/or removal is planned, a tree removal permit would be required. Application for permit would include the submittal of a tree replacement plan.
 A tree replacement plan must consist of either on- or off-site replacement of a tree or payment of an in-lieu fee. For private protected tree removal, there is also an option to acquire credits for existing on-site trees smaller than private protected trees, subject to approval. A participant is required to choose one or more of these options that apply. The second two options are available if on- or off-site replacement is not feasible. If on- or off-site replacement is chosen, tree replacement must be the same species as tree being removed and have a ratio of one inch DSH for each inch DSH of tree being removed (Sacramento 2015).

Cultural Resources
Mitigation Measure 3.5-1: In the Event that Cultural Resources or Tribal Cultural Resources are Discovered During Construction, Implement Avoidance and Minimization Measures to Avoid
Significant Impacts and Procedures to Evaluate Resources City/construction contractor Prior to and during
construction
City
Mitigation Monitoring and Reporting Program Ascent Environmental City of Sacramento
Elder Creek 7-Eleven Annexation Project 8

Mitigation Monitoring and Reporting Program
Mitigation Measures Implementing Party Timing Monitoring Party Verification If cultural resources or tribal cultural resources (such as structural features, midden soils, stone tools, chipped stone, baked clay, or concentrations of shell, bone, charcoal, glass, metal, or ceramics) are encountered in the project area during construction, work shall be suspended within 100 feet of the find (based on the apparent distribution of cultural materials), and the construction contractor shall immediately notify the project’s City representative. Avoidance and preservation in place is the preferred manner of mitigating impacts to cultura l resources and tribal cultural resources. This shall be accomplished, if feasible, by several alternative means, including:
 Planning construction to avoid tribal cultural resources, archaeological sites and/or other cultural resources; incorporating cultural resources within parks, green -space or other open space; covering archaeological resources; deeding a cultural resource to a permanent conservation easement; or other preservation and protection methods agreeable to consulting parties and
regulatory authorities with jurisdiction over the activity.  Recommendations for avoidance of cultural resources and tribal cultural resources shall be reviewed by the City representative, interested culturally affiliated Native American tribes and other appropriate agencies, in light of factors such as costs, logistics, feasibility, design, technology and social, cultural, and environmental considerations and the extent to which avoidance is consistent with project objectives. Avoidance and design alternatives may include realignment within the project area to avoid cultural resources or tribal cultural resources, modification of the design to eliminate or reduce impacts to cultural resources or tribal cultural resources or modification or realignment to avoid highly significant features within a cultural resource or tribal cultural resource.
 Native American representatives from interested culturally affiliated Native American tribes shall be invited to review and comment on these analyses and shall have the opportunity to meet with the City representative and its representatives who have technical expertise to identify and recommend feasible avoidance and design alternatives, so that appropriate and feasible avoidance and design alternatives can be identified.

Ascent Environmental Mitigation Monitoring and Reporting Program City of Sacramento
Elder Creek 7-Eleven Annexation Project 9

Mitigation Monitoring and Reporting Program
Mitigation Measures Implementing Party Timing Monitoring Party Verification  If the discovered cultural resource or tribal cultural resource can be avoided, the construction contractor(s), shall install protective fencing outside the site boundary, including a 100-foot buffer area, before construction restarts. The boundary of a cultural resource or a tribal cultural resource shall be determined in consultation with interested culturally affiliated Native American tribes and tribes shall be invited to monitor the installation of fencing. Use of temporary and permanent forms of protective fencing shall be determined in consultation with Native American representatives from interested culturally affiliated Native American tribes.
 The construction contractor(s) shall maintain the protective fencing throughout construction to avoid the site during all remaining phases of construction. The area shall be demarcated as an “Environmentally Sensitive Area”.

If a cultural resource or a tribal cultural resource cannot be avoided, the following performance standard shall be met prior to continuance of construction and associated activities that may result in damage to or destruction of cultural resources or tribal cultural resources:
 Each resource shall be evaluated for California Register of Historical Resources (CRHR) eligibility through application of established eligibility criteria (California Code of Regulations 15064.636), in consultation with consulting Native American Tribes, as applicable.

If a cultural resource or a tribal cultural resource is determined to be eligible for listing in the CRHR, the damaging effects to the resource shall be avoided in accordance with California PRC Section 21084.3, if feasible. The applicant shall coordinate the investigation of the find with a qualified archaeologist (meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology) approved by the City and with interested culturally affiliated Native American tribes that respond to the City’s invitation. As part of the site investigation and resource assessment, the City and the archaeologist shall consult with interested culturally affiliated Native American tribes to assess the significance of the find, make recommendations for further evaluation and treatment as necessary

Mitigation Monitoring and Reporting Program Ascent Environmental City of Sacramento
Elder Creek 7-Eleven Annexation Project 10

Mitigation Monitoring and Reporting Program
Mitigation Measures Implementing Party Timing Monitoring Party Verification and provide proper management recommendations should potential impacts to the resources be determined by the City to be significant.

A written report detailing the site assessment, coordination activities, and management recommendations shall be provided to the City representative by the qualified archaeologist. These
recommendations shall be documented in the project record. For any recommendati ons made by interested culturally affiliated Native American tribes that are not implemented, a justification for why the recommendation was not followed shall be provided in the project record.

Native American representatives from interested culturally af filiated Native American Tribes and the City representative shall also consult to develop measures for long -term management of any discovered tribal cultural resources. Consultation shall be limited to actions consistent with the jurisdiction of the City and taking into account ownership of the subject property. To the extent that the City has jurisdiction, routine operation and maintenance within tribal cultural resources retaining tribal cultural integrity shall be consistent with the avoidance and minimization standards identified in this mitigation measure.

If the City determines that the project may cause a significant impact to a tribal cultural resource, and measures are not otherwise identified in the consultation process, the following are examples of mitigation capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to the resource. These measures may be considered to avoid or minimize significant adverse impacts and constitute the standard by which an impact conclusion of less-than significant may be reached:
 Avoid and preserve resources in place, including, but not limited to, planning construction to avoid the resources and protect the cultural and natural context to incorporate the resources with culturally appropriate protection and management criteria.  Treat the resource with culturally appropriate dignity taking into account the Tribal cultural values and meaning of the resource, including, but not limited to, the following:

Ascent Environmental Mitigation Monitoring and Reporting Program City of Sacramento
Elder Creek 7-Eleven Annexation Project 11

Mitigation Monitoring and Reporting Program
Mitigation Measures Implementing Party Timing Monitoring Party Verification  Protect the cultural character and integrity of the resource.  Protect the traditional use of the resource.
 Protect the confidentiality of the resource.
 Establish permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or using the resources or places.  Protect the resource.

Mitigation Measure 3.5-2: Implement Protection Procedures in the Event of Inadvertent Discovery of Human Remains
If an inadvertent discovery of human remains is made at any time during project-related construction activities, the following performance standards shall be met prior to implementing or continuing actions such as construction, which may result in damage to or destruction of human remains. In accordance with the California Health and Safety Code (HSC), if human remains are encountered during ground-disturbing activities, the City shall immediately halt potentially damaging excavation in the area of the remains and notify the Sacramento County Coroner and a
professional archaeologist to determine the nature of the remains.

The Coroner is required to examine all discoveries of human remains within 48 hours of receiving notice of a discovery on private or State lands (HSC Section 7050.5[b]).

If the human remains are of historic age and are determined to be not of Native American origin, the City shall follow the provisions of the HSC Section 7000 (et seq.) regarding the disinterment and removal of non-Native American human remains.

If the Coroner determines that the remains are those of a Native American, he or she must contact the Native American Heritage Commission (NAHC) by phone within 24 hours of making that determination (HSC Section 7050[c]). After the Coroner’s findings have been made, the archaeologist and the NAHC -designated Most Likely Descendant, in consultation with the landowner, shall determine the ultimate treatment and disposition of the remains. The responsibilities of the City for acting upon notifica tion of a discovery Construction
Contractor/County Coroner
During construction City
Mitigation Monitoring and Reporting Program Ascent Environmental City of Sacramento
Elder Creek 7-Eleven Annexation Project 12

Mitigation Monitoring and Reporting Program
Mitigation Measures Implementing Party Timing Monitoring Party Verification of Native American human remains are identified in California PRC Section 5097.9 et seq.

Geology and Soils
Mitigation Measure 3.7-1
Before the start of any earthmoving activities, the applicant shall retain a qualified paleontologist to train all construction personnel involved with earthmoving activities, including the site superintendent, regarding the possibility of encountering fossils, the appearance and types of fossils likely to be seen during construction, and proper notification procedures should fossils be encountered.

Training on paleontological resources shall also be provided to all other construction workers but may use videotape of the initial training and/or written materials rather than in-person training.

If any paleontological resources (fossils) are discovered during grading or construction activities within the project area, work shall be halted immediately within 50 feet of the discovery, and the City of Sacramento Community Development Department shall be
immediately notified. The applicant shall retain a qualified paleontologist to evaluate the resource and prepare a recovery plan in accordance with Society of Vertebrate Paleontology guidelines (SVP 2010). The recovery plan may include but is not limited to a field survey, construction monitoring, sampling and data recovery procedures, museum storage coordination for any specimen recovered, and a report of findings. Recommendations in the recovery plan that are determined by the City to be necessary and feasible shall be implemented by the applicant before construction activities resume in the area where the paleontological resources were discovered.

Project Applicant/Construction
Contractor
Prior to and during
construction
City
Greenhouse Gas Emissions
Mitigation Measure 3.8-1: Implement SMAQMD’s Tier 1 Best Management Practices for Reducing GHG Operational Emissions The following tier 1 BMPs recommended by SMAQMD for the reduction of operational GHG emissions shall be implemented during project operation:

Project Applicant/Construction
Contractor
During Operation City
Ascent Environmental Mitigation Monitoring and Reporting Program City of Sacramento
Elder Creek 7-Eleven Annexation Project 13

Mitigation Monitoring and Reporting Program
Mitigation Measures Implementing Party Timing Monitoring Party Verification  BMP 1 – The project shall be designed and constructed without natural gas infrastructure.
 BMP 2 – The project shall meet the current CALGreen Tier 2 standards, except all electric vehicle capable spaces shall instead be electric vehicle ready.

Implementation of Mitigation Measure 3.8-1 would prohibit the design and construction of natural gas infrastructure as part of the project thereby eliminating natural gas completely and reducing operational GHG emissions from buildings. Additionally, meeting the CALGreen Tier 2 standards would require EV ready spaces at the project site, reducing mobile-source GHG emissions by providing infrastructure for zero-emission vehicles. If a project implements these BMPs, it is then recommended that the project’s emissions are evaluated against SMAQMD’s operational limit of 1,100
MTCO2e/year. If the project’s operational emissions remain below this level, no additional BMPs are required. These BMPs are also considered to be consistent with the 2017 Scoping Plan.

As shown in Table 3.8-1, operational emissions associated with the project are anticipated to be 693 MTCO 2e/year. Implementation of the BMPs included in Mitigation Measure 3.8-1 would further reduce emissions wells below SMAQMD’s 1,100 MTCO2e/year threshold following application of tier 1 BMPs.

Mitigation Measure 3.8-2: Implement Mitigation Measure 3.8-1 Implementation of Mitigation Measure 3.8-1 would require the project to include SMAQMD’s BMPs to demonstrate consistency with the 2017 Scoping Plan and reduce the project’s operational GHG emissions.

Construction contractor During construction, as
applicable
City
Hazards and Hazardous Materials
Mitigation Measure 3.9-1 Prepare and a Phase II Environmental Site Assessment and implement recommendations
Prior to the start of construction activities, the project applicant should submit a completed Phase II Environmental Site Assessment (Phase II ESA) prepared by a qualified professional, in accordance with procedures included in ASTM E1903 – 19, “Standard Practice for Environmental Site Assessments: Phase II Environmental Site City/construction contractor Prior to construction City Mitigation Monitoring and Reporting Program Ascent Environmental City of Sacramento
Elder Creek 7-Eleven Annexation Project 14

Mitigation Monitoring and Reporting Program
Mitigation Measures Implementing Party Timing Monitoring Party Verification Assessment Process,” including soil sampling and laboratory analyses, and evaluation of potential remediation measures, if applicable. The construction contractor and applicant must implement all recommendations identified within the Phase II ESA prepared for the project. The construction contractor should implement all recommendation included in the Phase II ESA.

Tribal Cultural Resources
Mitigation Measure 3.18-1: Implement Mitigation Measure 3.5-1 (see Cultural Resources)
City/construction contractor Prior to and during
construction
City
Mitigation Measure 3.18-2: Implement Mitigation Measure 3.5-2 (see Cultural Resources
Construction
Contractor/County Coroner
During construction City

RESOLUTION NO. 2023-

Adopted by the Sacramento City Council

May 23, 2023

INTITIATING THE ELDER CREEK 7-ELEVEN ANNEXATION (REORGANIZATION) (P20-036) APN: 062-0060-033-0000

BACKGROUND

A. The Elder Creek 7-Eleven Annexation Project consists of the annexation of 3.42± acres of land from the County of Sacramento into the City (as shown in the attached Exhibit A) and the detachment of the Southgate Recreation and Parks District; Sacramento Metropolitan Fire District; County Service Area #1 and #11; and Sacramento County Water Zones #11, #12, #13 #40, and #41 from this same area.

B. This action of reorganization is being taken pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et. seq.), in response to a petition of interest submitted to the City from most of the affected landowners.

C. On November 10, 2022, the Planning and Design Commission conducted a public hearing and voted to forward its recommendation on the Elder Creek 7- Elevn Annexation Project to the City Council.

D. On May 23, 2023, after giving notice as required by Sacramento City Code section 17.812.010.2.b and 17.812.030, the City Council held a public hearing and received and considered evidence on the Elder Creek 7-Eleven Annexation Project.

E. The regular County Assessment Roll will be utilized.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. The City Council of the City of Sacramento hereby initiates the reorganization described above, and requests that proceedings be taken for the proposal pursuant to Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56700, et al).

Section 2. The City Council finds the reasons for the reorganization are as follows:

A. The affected territory is within the City’s sphere of influence.

B. The annexation represents a logical and reasonable extension of the City boundaries since it is at the intersection of two regional arterial streets where directly west and across South Watt Avenue are existing developments within the existing City limits.

C. The annexation will not result in unincorporated land being within the boundaries of another city.

D. The annexation does not split lines of assessment or ownership;

E. The annexation is consistent with the orderly annexation of territory consistent with the City policy of annexing when providing City services (as shown in the Attached Exhibit B Plan for Services);

F. The annexation would facilitate the more efficient provision of municipal services, including compliance with uniform City planning and development standards;

G. The annexation is in the interest of public health, safety and welfare, and contributes to the orderly development of the community, and does not avoid or otherwise isolate any identified disadvantaged unincorporated community; and

H. The annexation is consistent with the City’s General Plan, which designates the affected territory for urban growth.

Table of Contents:

Exhibit A – Annexation Map
Exhibit B – Plan for Services

Adopted by the City of Sacramento City Council on May 23, 2023, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Attest:

Mindy Cuppy, City Clerk

The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.

Plan for Services
For the
Elder Creek 7-Eleven Annexation

PREPARED FOR
Sacramento Local Agency Formation Commission
1215 K Street, Suite 1650
Sacramento, CA 95814

PREPARED BY
City of Sacramento
Community Development Department, Planning Division
300 Richards Boulevard, 3rd Floor
Sacramento, CA 95811
October 2022

TABLE OF CONTENTS
Section Page
ACRONYMS AND ABBREVIATIONS ................................ ................................ ................................ .....

1. EXECUTIVE SUMMARY ................................ ................................ ................................ ........... 5

1.1 Purpose Statement ................................ ................................ ................................ ......... 5

1.2 Plan for Services Requirements ................................ ................................ ...................... 5

1.3 Project Description ................................ ................................ ................................ .......... 6

1.4 Areas of Study ................................ ................................ ................................ ................ 9

1.5 Summary ................................ ................................ ................................ ........................ 9

2. INTRODUCTION ................................ ................................ ................................ ...................... 10

2.1 Purpose ................................ ................................ ................................ ........................ 10

2.2 Local Agency Formation Commission Requirements ................................ .................... 10

2.3 Services and Issues Review ................................ ................................ ......................... 11

3. AREAS OF SERVICE ................................ ................................ ................................ .............. 92

3.1 Water ................................ ................................ ................................ ............................ 12

3.2 Wastewater................................ ................................ ................................ ................... 10

3.3 Circulation and Roadways ................................ ................................ ............................ 12

3.4 Animal Care ................................ ................................ ................................ .................. 14

3.5 Code Enforcement ................................ ................................ ................................ ........ 19

3.6 Law Enforcement ................................ ................................ ................................ .......... 19

3.7 Fire Protection Services ................................ ................................ ................................ 17

3.8 Solid Waste Services ................................ ................................ ................................ .... 20

3.9 Drainage and Flood Control ................................ ................................ .......................... 21

3.10 Parks and Recreation ................................ ................................ ................................ ... 26

3.11 Libraries ................................ ................................ ................................ ........................ 27

4. REFERENCES ................................ ................................ ................................ ......................... 29

Exhibits
Exhibit 1 Regional Location ................................ ................................ ................................ ........... 7 Exhibit 2 Annexation Area ................................ ................................ ................................ ............. 8 Exhibit 3 Elder Creek 7-Eleven Site Plan ................................ ................................ ...................... 9

ELDER CREEK 7-ELEVEN PLAN FOR SERVICES

1. EXECUTIVE SUMMARY

1.1 PURPOSE STATEMENT
The Elder Creek 7-Eleven Reorganization (referred to as the Elder Creek 7-Eleven Annexation) is a 3.42- acre annexation area (inclusive of a 2.49 -acre parcel) currently located within the City’s Sphere of Influence (SOI) south of Jackson Highway (State Route 16) at the northeast corner of South Watt Avenue and Elder Creek Road (See Exhibit 1 for Regional Location and Exhibit 2 for Annexation Area) . In this area, South Watt Avenue is generally the boundary between the City of Sacramento and Sacramento County, with the City west of South Watt and the County to the east. The City’s existing SOI extends to the east until Hedge Avenue, between Fruitridge and Elder Creek Roads.

The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CHK Act) requires that a Plan for Services (PFS) be prepared prior to “changes o f organization or reorganization.” The PFS is a tool for the Sacramento Local Agency Formation Commission (LAFCo) to consider an update to the physical boundaries and service area of a local agency. The PFS describes the services to be extended, the level and range of services, timing for the services, improvements and facility upgrades associated with the services, and how the services would be financed. The purpose of this PFS is to provide an analysis of public services and background information for the proposed reorganization of the project to the City of Sacramento and the proposed detachment from the following service districts:
 Detachment from Southgate Park District
 Detachment from Sacramento Metropolitan Fire District  Detachment from Sacramento County Water Maintenance District Zones 11, 12, 13, and 40 (water supply and drainage planning services)
 Detachment from County Service Area No. 1 and 11
This PFS incorporates the best available information regarding the extension of services provided by the City to the affected territory. Information contained herein has been obtained from various documents, City and affected agency comments, and information made available. Relevant City of Sacramento 2035 General Plan policies that guide the extension of services have been included.

1.2 Plan for Services Requirements
The PFS requirements are based on the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CKH Act), Section 56653. Section 56653(b) of the CKH Act stipulates that PFS include t he following:
(b) The plan for providing services shall include all of the following information and any additional information required by the commission or the executive officer:

Plan for Services ELDER CREEK 7-ELEVEN Annexation

(1) An enumeration and description of the services to be extended to the affected territory. (2) The level and range of those services.
(3) An indication of when those services can feasibly be extended to the affected territory. (4) An indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions the local agency would impose or require within the affected territory if the change of organization or reorganization is completed.
(5) Information with respect to how those services will be financed.

1.3 Project Description
The project would include a 7-Eleven convenience store, a fueling station with six pumps, a car wash, and other elements including lighting, hardscape, and landscaping (Figure 2-3). The project involves annexation of the project site into the City of Sacramento (City) and is already within the City’s Sphere of Influence. The project application consists of a request for annexation of the project site into the City of Sacramento, an amendment to the 2035 General Plan to incorporate the project site into the City’s Land Use Plan, pre-zoning/rezoning of the project area for consistency with the City’s zoning plan, a tax exchange agreement for the transfer of property from the County to the City, development agreement, Site Plan and Design Review of the project, and Conditional Use Permits for the fueling station, alcohol sales, and tobacco sales.

The project requires annexation of the site to the City in order for the City provide water service. The Sacramento County Local Agency Formation Commission (LAFCo) is responsible for ensuring the orderly growth and development of local jurisdictions and special districts. Annexations are defined under California Government Code Section 56017 as the “inclusion, attachment, or addition of territory to a city or district.” In addition to consideration of the annexation request by the Sacramento Local Agency Formation Commission (LAFCo), a responsible agency under CEQA, the Commission would consider the following associated reorganizations associated with the project annexation. This reorganization would involve detachment of the 3.42 acres from the following service districts:
 detachment from Southgate Park District
 detachment from Sacramento Metropolitan Fire District  detachment from Sacramento County Water Maintenance District Zones 11, 12, 13, 40, and 41 (water supply and drainage planning services)
 detachment from County Service Area No. 1 and 11

The entitlements approved by the Sacramento City Council on XX XX, 2022, included certification of the Elder Creek 7-Eleven MND, a City Council resolution initiating Annexation of approximately 3.42 acres, a General Plan amendment, a Rezone/Prezone, a Conditional Use Permit for a Large Fueling Station, a Conditional Use Permit for alcohol sales, a Conditional Use Permit for tobacco sales, and Site Plan and Design Review.

Plan for Services

Regional Location – Exhibit 1

Plan for Services ELDER CREEK 7-ELEVEN Annexation

Elder Creek 7-Eleven Annexation Area – Exhibit 2

Plan for Services

Elder Creek 7-Eleven Site Plan – Exhibit 3

Plan for Services ELDER CREEK 7-ELEVEN Annexation

1.4 Areas of Study
In accordance with the Cortese -Knox-Hertzberg Local Government Reorganization Act, the PFS has studied the following categories of infrastructure and public services:
 Water
 Wastewater
 Circulation and Roadways
 Animal Care
 Code Enforcement
 Law Enforcement
 Fire Protection
 Solid Waste
 Storm Drainage and Flood Control
 Parks and Recreation
 Libraries
This report incorporates information contained within the Mitigated Negative Declaration (MND), infrastructure plans for the project, and the Public Facilities Financing Plan (PFFP) prepared for the project.

1.5 Summary
Responses have been provided for each of the infrastructure and public service areas addressing the extension of service to the affected territory. To date, a significant amount of research and information has been prepared addressing the public services t o be provided. This report provides for LAFCo, a compilation of research and information that can be used for consideration of the proposed reorganization.

Based on the information contained herein, services associated with all the areas of study identifi ed above can be extended to serve the Elder Creek 7-Eleven Annexation. Service can be provided without interruption of existing service delivery levels and/or adverse impacts to the existing infrastructure system in the area including the remaining sphere of influence area south of the project. Adequate service can be provided by the City to the future residents, tenants, and visitors in the project.

The extension of service to this project area by the City of Sacramento would provide a well-planned and logical expansion of public services that are currently provided to the existing residents and rate payers within the City. Similarly, by providing service to this project area, the service levels to the existing City would not be negatively affected, and in some cases, would be improved through funding and construction of various proposed infrastructure improvements. The project would also participate in funding fair share fees, user fees, and assessments to support the annexation area and benefit existing programs and facilities within the City.

The City has made an effort to proactively plan to provide for future growth. The findings in this PFS quantify the ability of the City to plan and provide services to meet the needs of the Elder Creek 7-Eleven Annexation.

Plan for Services

2. INTRODUCTION

2.1 Purpose
This PFS has been prepared for Sacramento LAFCo to comply with statutory requirements, and provide information for use in considering the reorganization of the project area into the City of Sacramento (City).

The PFS evaluates a description of services, level and range of the services, extent of capital improvements and upgrades, local agency c onditions, and financing. Specifics for extension of service to the affected territory by the City are presented herein. It is the intent of this document to provide additional information in accordance with the CKH Act, Section 56653.

Section 56653(b) of the CKH Act identifies that PFS are:
(b) The plan for providing services shall include all of the following information and any additional information required by the commission or the executive officer:
(1) An enumeration and description of the services to be extended to the affected territory. (2) The level and range of those services.
(3) An indication of when those services can feasibly be extended to the affected territory. (4) An indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions the local agency would impose or require within the affected territory if the change of organization or reorganization is completed.
(5) Information with respect to how those services will be financed.

This report incorporates information contained within the EIR and infrastructure plans for the project.

2.2 Local Agency Formation Commission Requirements
The operations of Sacramento LAFCo are guided by the CKH Act. The CKH Act specifies the authority, responsibility, process, and other operating principals and requirements of LAFCo. Emphasis is placed on the role of LAFCo to encourage orderly growth and development, discourage urban sprawl, promote logical boundaries, and support the provision of efficient government services.

The CKH Act requires that a PFS be prepared prior to, or concurrent with, a reorganization. The intent of the PFS is to assist with the reorganization consideration and approval process. The PFS is a resource that can be used by LAFCo to base a recommendation on a reorganization action.

This PFS has been prepared for Sacramento LAFCo in accordance with the requirements of the CKH Act as a means of identifying and evaluating public services extended to the affected territory by the City of Sacramento.1 Topics addressed in Sacramento LAFCo’s Policies, Standards, and Procedures Manual include guidelines for the following actions: sphere of influence ( SOI) amendment, annexation, incorporation and dis -incorporations, district formations and dissolutions, consolidations and mergers, and reorganizations. Key LAFCo policies include:

1 Project site is within the Sacramento Area Sewer District for wastewater treatment and conveyance services.

Plan for Services ELDER CREEK 7-ELEVEN Annexation

 Encourage communications on actions among cities, counties, special d istricts, and community members.
 Assess environmental consequences of actions.
 Assure costs for services and infrastructure benefits to other service areas are not shifted.  Assure community favorably balances between jobs and housing.  Community needs are met most efficiently and effectively by public service agencies.

2.3 Services and Issues Review
In accordance with the CKH Act, the PFS provides an analysis of the following categories of infrastructure and public services:
 Water
 Wastewater
 Circulation and Roadways
 Animal Care
 Code Enforcement
 Law Enforcement
 Fire Protection
 Solid Waste
 Storm Drainage and Flood Control
 Parks and Recreation
 Libraries
Each of the above areas of service is presented separately and the following subsections are analyzed:
 Description of services to be extended to the affected territory.  An indication of any improvement or upgrade of facilities and other conditions the City would impose or require within the affected territory if the reorganization is completed.  An indication of when the services can feasibly be extended to the affected territory.  Information with respect to how the services will be financed

Plan for Services

3. AREAS OF SERVICE

3.1 Water
This section identifies the details regarding a description of water services. A summary regarding the implementation measures and funding necessary to serve the project is identified herein.

The following City of Sacramento 2035 General Plan policies are applicable to water services:
 Policy U 1.1.1 Provision of Adequate Utilities. T he City shall continue to provide and maintain adequate water, wastewater, and stormwater drainage utility services to areas in the city currently receiving these services from the City, and shall provide and maintain adequate water, wastewater, and stormwater drainage utility services to areas in the city that do not currently receive these City services upon funding and construction of necessary infrastructure.  Policy U 1.1.4 Timing of Urban Expansion. The City shall assure that new public facilities and services are phased in conjunction with the approved urban development they are intended to serve.  Policy U 1.1.5 Growth and Level of Service. The City shall require new development to provide adequate facilities or pay its fair share of the cost for facil ities needed to provide services to accommodate growth without adversely impacting current service levels.  Policy U 2.1.9 New Development. The City shall ensure that water supply capacity is in place prior to granting building permits for new development.

1. Description, Level, and Range of Services to be extended to the affected territory.

The City would provide water service to the project upon connection to City water distribution facilities .

All regulations and standards pertaining to water service are set by the City’s municipal codes. The state also sets regulations and standards. The City of Sacramento Department of Utilities is responsible for enforcing the various City municipal codes and state regulations relating to water service.

The City operates 17 storage facilities, each with a capacity of three million gallons except for the Florin Reservoir, which has a capacity of 15 million gallons. The City operates pumping facilities throughout the City. There are 18 high lift service pumps at the Sacramento River Water Treatment Plant (SRWTP) and the Fairbairn Water Treatment Plant (FWTP). The City also maintains pumping facilities at 10 of the City’s storage reservoirs. These pump stations are of varying sizes and capacities.

Water mains are separated by the City into two distinct categories. Water distribution mains are typically two inches to 12 inches in diameter and utilized for water services, fire services and fire hydrants. Transmission mains are 18 inches and larger and are used to convey large volumes of water from the treatment plants to selected points throughout the distribution system. They are also utilized to transfer water to and from the storage reservoirs to meet fluctuating daily and seasonal demands. The City determines placement of new water distribution facilities as development plans are formulated.

Groundwater is extracted from 24 municipal wells, most of which are located north of the American River.

Total capacity for the City’s municipal groundwater wells is approximately 20.6 million gallons per day (mgd).

The City of Sacramento 2020 Urban Water Management Plan projects and evaluates water demands for the City and its SOI (which includes the project). The City’s 2022 retail water demands are anticipated to be 122,229 acre-feet, while 2022 City water supplies are 275,917 acre-feet in all water year (i.e., normal, Plan for Services ELDER CREEK 7-ELEVEN Annexation

dry year, and multiple dry year) conditions. Wholesale water demands are anticipated to be 40,588 acre- feet in 2020. The City of Sacramento 2015 Urban Water Management Plan identifies that c umulative retail water demands for the City are projected to be 162,029 acre-feet by the year 2040. Wholesale water demands are expected to 58,586 acre-feet by year 2040.

The City’s projected available water supplies would be 294,419 acre-feet by the year 2030 and through 2040 for normal, dry, and multiple-dry water year conditions. The City of Sacramento 2015 Urban Water Management Plan identifies that t he City’s contract with US Bureau of Reclamation ( USBR), in conjunction with the City’s water rights, provides the City with a reliable and secure surface water supply source. Thus, adequate water would be available to serve cumulative retail and wholesale water demands based on the City of Sacramento 2020 Urban Water Management Plan and the Elder Creek 7- Eleven Annexation.

2. An indication of any improvement or upgrade of facilities and other conditions the City would impose or require within the affected territory if the reorganization is completed.

The project area is served by a system of water mains that provide key connection points that would serve the project site. An existing 12-inch City water distribution main is located within South Watt Avenue to the west of the site. The City of Sacramento water supply, treatment and delivery system can be tapped just west of the project site to provide service to the Elder Creek 7-Eleven project upon annexation without creating a negative impact on the existing level of City -wide service. The City is the appro priate water service provider for the Elder Creek 7 -Eleven area. However, future extension of water distribution infrastructure to neighboring properties withing the City’s SOI would be necessary. This extension would require the construction of infrastructure both on and off the proposed project site and would be funded by the project applicant.

3. An indication of when the services can feasibly be extended to the affected territory Water service would be extended into the annexation area with the development of the Elder Creek 7- Eleven project. Water service would be immediately available to the project assuming compliance with all applicable standards of the City’s Department of Utilities.

4. Information with respect to how the services will be financed.

The provision of water services to the Elder Creek 7 -Eleven Annexation area would require the construction of on-site water transmission and distribution facilities. Water distribution facilities would be privately funded by the project developer. The cost of constructing the water facility improvements would be borne initially by the project developer. These costs would be reimbursable or creditable against the Citywide Water System Development Fee for only transmission facilities. On-going water service would be funded through City service fees.

3.2 Wastewater
This section identifies the details regarding a description of wastewater services. A summary regarding the implementation measures and funding necessary to serve the project is identified herein.

All regulations and standards for sewer service are set by the Sacramento Area Sewer District and Sacramento Regional County Sewer Di strict. The state also sets sewer service regulations and standards.

The following City of Sacramento 2035 General Plan policies are applicable to wastewater services.

Plan for Services

 Policy U 1.1.4 Timing of Urban Expansion. The City shall assure that new public facilities and services are phased in conjunction with the approved urban development they are intended to serve.  Policy U 1.1.5 Growth and Level of Service. The City shall require new development to provide adequate facilities or pay its fair share of the cost f or facilities needed to provide services to accommodate growth without adversely impacting current service levels.

1. Description, Level, and Range of Services to be extended to the affected territory.

The Sacramento Regional County Sanitation District (Regional San) provides wastewater treatment and large pipeline conveyance from four active contributing agencies including the Sacramento Area Sewer District (SASD) (which the project is located in), and the cities of Folsom, West Sacramento and Sacramento who provide local sewer service within their service areas. The largest contributing agency is SASD, which includes most unincorporated areas of the County, Citrus Heights, Elk Grove, Rancho Cordova, and portions of the City of Sacramento. As such, Regional San and SASD would serve the project area. Regional San owns and maintains interceptors that convey wastewater to the Sacramento Regional Wastewater Treatment Plant (SRWTP). SRWTP is owned and operated by Regional San . SRWTP is located just south of the City at 8521 Laguna Station Road, Elk Grove, CA 95758. SRWTP is permitted to treat an average dry weather flow (ADWF) of 181 MGD. The facility’s 2021 average influent flow is 139 MGD. The treated wastewater is discharged into the Sacramento River. Regional San is constructing the EchoWater Project, which will improve the quality of effluent discharged.

The Sacramento Area Sewer District is divided into trunk sheds. Each trunk shed generally consists of a number of hydraulically independent systems that each discharge into Regional San’s interceptor system.

In the late 1990s and early 2000’s, Regional San constructed several new interceptors throughout its service area to increase conveyance capacity.

2. An indication of any improvement or upgrade of facilities and other conditions the City would impose or require within the affected territory if the reorganization is completed.

Sewer service is not provided to the proposed project site, which is currently undeveloped. The project’s preliminary utility plan indicates that the project would require construction of the following infrastructure in order for SRCSD and SASD to serve the project site: a 1 8-inch sewer main within Elder Creek Road that would connect to an 8-inch sewer main within Turner Road; a 6-inch sewer line would be extended into the site from a manhole in Turner Road.

SRWTP is permitted to treat an ADWF of 181 MGD, while the facility’s 2021 ADWF was approximately 107 MGD, Avg effluent flow is 115 MGD. Future growth in the Regional San service area will increase demands for wastewater and utilize the remaining capacity. The 181 MGD permitted capacity has been in effect since 1990. While the approved EchoWater project will result in improved effluent water quality, this project does not increase treatment capacity of SRWTP. Water conservation and a reduction in water use has lowered the growth in wastewater capacity use. As such, substantial additional water conservation, along with expansion of Regional San’s recycling program is expected throughout the Regional San service area, putting off the expectation that the existing 181 MGD ADWF capacity will be exhausted at least year 2050.

SRCSD has indicated that there are no foreseen negative impacts if the project site is annexed. The annexation and development of the project site would not change the existing wastewater service provider. The proposed project is anticipated to generate approximately 1,289 gallons per day (gpd).

Adequate capacity is currently available and is expect ed to remain available in the future to serve the proposed project.

3. An indication of when the services can feasibly be extended to the affected territory Plan for Services ELDER CREEK 7-ELEVEN Annexation

Wastewater service would be extended into the annexation area with the development of the overall Elder Creek 7 -Eleven project area. Wastewater service would be immediately available to the project assuming compliance with all applicable standards and upon completion of the service extension.

4. Information with respect to how the services will be financed.

The provision of wastewater services to the Elder Creek 7 -Eleven Annexation and overall project development area would require the construction of on-site and off-site wastewater conveyance facilities that would be funded by the project developer. The cost of constructing the wastewater conveyance facilities would be borne initially by the project developer. A portion of these costs would be reimbursable or creditable against the SASD Fee. On-going sewer service would be funded through SASD service fees. The rate structure through the year 2019 is available at:
http://www.sacsewer.com/monthly-sewer-rates

3.3 Circulation and Roadways
The circulation and roadways for Elder Creek 7-Eleven 1 incorporates the goals and policies of the City of Sacramento. The annexation of the 3.42 acres would enhance the frontages of South Watt Avenue, Elder Creek Road, and Turner Road. The following City of Sacramento 2035 General Plan policies are applicable to circulation and roadways.

 Policy M 1.1.1 Right-of-Ways. The City shall preserve and manage rights-of-way consistent with: the circulation diagram, the City Street Design Standards, the goal to provide Complete Streets as described in Goal M 4.2, and the modal priorities for each street segment and intersection established in Policy M4.4.1: Roadway Network Development, Street Typology System.  Policy M 1.1.2 Transportation System. The City shall manage the travel system to ensure safe operating conditions.
 Policy M 1.1.4 Facilities an d Infrastructure. The City shall effectively operate and maintain transportation facilities and infrastructure to preserve the quality of the system.  Policy M 1.2.1 Multimodal Choices. The City shall develop an integrated, multimodal transportation system that improves the attractiveness of walking, bicycling, and riding transit over time to increase travel choices and aid in achieving a more balanced transportation system and reducing air pollution and greenhouse gas emissions.
 Policy M 1.2.3 Transportation Evaluation. The City shall evaluate discretionary projects for potential impacts to traffic operations, traffic safety, transit service, bicycle facilities, and pedestrian facilities, consistent with the City’s Traffic Study Guidelines.
 Policy M 2.1.2 Sidewalk Design. The City shall require that sidewalks wherever possible be developed at sufficient width to accommodate all users including persons with disabilities and complement the form and function of both the current and planned land use context of ea ch street segment (i.e. necessary buffers, amenities, outdoor seating space).
 Policy M 2.1.4 Cohesive and Continuous Network. The City shall develop a pedestrian network of public sidewalks, street crossings, and other pedestrian paths that makes walking a convenient and safe way to travel citywide. The network should include a dense pattern of routes in pedestrian - oriented areas such as the Central City and include wayfinding where appropriate.

Plan for Services

 Policy M 2.1.7 Safe Pedestrian Crossings. The City shall impro ve pedestrian safety at appropriate intersections and mid-block locations by providing safe pedestrian crossings.  Policy M 2.1.9 Safe Sidewalks. The City shall require pedestrian facilities to be constructed in compliance with adopted design standards.
 Policy M 5.1.1 Bicycle Master Plan. The City shall maintain and implement a Bicycle Master Plan that carries out the goals and policies of the General Plan. All new development shall be consistent with the applicable provisions of the Bicycle Master Plan.
 Policy M 5.1.2 Appropriate Bikeway Facilities. The City shall provide bikeway facilities that are appropriate to the street classifications and type, number of lanes, traffic volume, and speed on all rights-of-way.
 Policy M 5.1.3 Continuous Bikeway Networ k. The City shall provide a continuous bikeway network consisting of bike -friendly facilities connecting residential neighborhoods with key destinations and activity centers (e.g., transit facilities, shopping areas, education institutions, employment centers).  Policy M 5.1.6 Connections between New Development and Bicycle Facilities. The City shall require that new development provides connections to and does not interfere with existing and proposed bicycle facilities.

1. Description, Level, and Range of Services to be extended to the affected territory.

The City of Sacramento’s Department of Public Works is responsible for maintaining the City’s transportation infrastructure, which includes engineering, construction, on -street parking, and street maintenance services. The Street Services Division maintains and repairs thousands of miles of City roads, curbs, gutters, sidewalks, streetlights, signalized intersections, traffic signs, landscaped medians and rights-of-way throughout the City. Other alternative modes of transportation including transit, bicycle and pedestrian are also the focus of the City. The City encourages these alternative modes and has in place goals, policies, and standards to govern the planning, design and construction of these faciliti es.

The City would maintain the transportation infrastructure within the Elder Creek 7-Eleven Annexation area.

2. An indication of any improvement or upgrade of facilities and other conditions the City would impose or require within the affected territory if the reorganization is completed.

The Elder Creek 7-Eleven project developers will construct all the streets within the future development and also be responsible for their fair share funding of a number of improvements . The Elder Creek 7- Eleven Final EIR contains a full list of the required improvements and timing of construction.

3. An indication of when the services can feasibly be extended to the affected territory Roadway improvements for the Elder Creek 7-Eleven annexation area would be completed upon physical development of the site or by the County during their South Watt Avenue widening and enhancement project, in compliance with all applicable standards.

4. Information with respect to how the services will be financed.

Roadway improvements to the Elder Creek 7-Eleven annexation area would require the construction of both on and off the proposed project site and would be funded by the project developer (off -site improvements would be subject to a fair-share contribution) as required by the City.

Additionally, the County of Sacramento’s Transportation Department is conducting a road widening and enhancement project adjacent to the project site on both South Watt Avenue and Elder Creek Road.

Plan for Services ELDER CREEK 7-ELEVEN Annexation

Depending on the timing of the se improvements and development of the project site, frontage improvements would be built to the City and County-agreed standards, with work completed either by the County or the developer where appropriate.

3.4 Animal Care
The City would provide animal c are services for the project. A summary regarding the implementation measures and funding necessary to serve the project is identified herein. All Animal Care regulations and standards are set within the City’s Municipal Code Section 9.44. All matters are generally handled by Animal Care within the Community Development Department, although the department also collaborates with police on matters of public safety regarding stray or dangerous animals.

1. Description, Level, and Range of Services to be extended to the affected territory.

Animal Care Services for the City of Sacramento consists of one office located at 2127 Front Street with a full staff including veterinarians, service administrators, field operators, as well as others who assist with the detention, shelter and care, including the placement of both stray and licensed pets. Animal Care services for the City of Sacramento serves territory within the City limits.

Maintenance services provided by Animal Care include: collecting and monitoring , licensing, adoption, redemption, spay/neuter, and related animal care service and regulatory fees; providing assistance to the general public (phone calls and on -site response) with animal care, welfare, licensing and adoption guidance, and responding to inquiries to lost and found animals. Animal Care also handles prioritizing and dispatching officer assistance from the public and safety and law enforcement agencies, providing field services in response to animal-related emergencies; impounding dogs at large and rescuing animals in distress; enforcing all animal control laws; providing 24 -hour service for picking up seriously sick or injured strays and conveying them to veterinarians for emergency treatment; responding to other City agency requests for an imal care and control services (i.e. fire, police, California Highway Patrol); and providing accountability to customers and governing bodies.

2. An indication of any improvement or upgrade of facilities and other conditions the City would impose or require within the affected territory if the reorganization is completed.

Currently, the City’s animal control services spans 100 square miles. There are seven Animal Control Officers serving the city 24 hours a day, 7 days a week, 365 days a year. Sacrament o's Animal Control Officers provide rabies control, protect the public from dangerous animals and protect the city's animals from abuse and neglect. The City also has the Animal Care Services' Citizens Advisory Committee that is intended to provide recommendat ions to the Mayor and the City Council on strategies, policies, and programs designed to ensure quality care for the animals housed at the Sacramento Animal Care Services Center. The project would not increase the City population to an extent that it might require new or upgraded existing facilities for Animal Care services.

3. An indication of when the services can feasibly be extended to the affected territory Animal Care services would be extended to the area upon annexation.

4. Information with respect to how the services will be financed.

Animal Care is partly paid for by the City’s General Fund, as well as donations and fundraising from other outside sources and animal rights groups. All fees are based upon a case-by-case assessment of owner infractions. The approximately 3.42-acre a nnexation area would contribute to development fees and property taxes to the City’s General Fund, which funds Animal Care.

Plan for Services

3.5 Code Enforcement
The City would provide code enforcement services for the project. A summary regarding the implementation measures and funding necessary to serve the project would be identified herein. All matters are generally handled by Code Enforcement within the Community Development Department.

1. Description, Level, and Range of Services to be extended to the affected territory.

Code enforcement for the City is handled by the Code Enforcement Division of the Community Development Department. The main goal is to enhance public health, safety and welfare by eliminating blighted areas of development within the City limits. The area south of the State Highway 50, which includes the Elder Creek 7 -Eleven project, is served by five full -time code enforcement officers.

Enforcement need will be minimal due to the size of the annexation area and its pending development.

2. An indication of any improvement or upgrade of facilities and other conditions the City would impose or require within the affected territory if the reorganization is completed.

Code Enforcement services would not need to be expanded due to the inclusion of the project area.

Immediate needs are met with existing personnel and infrastructure. The Elder Creek 7 -Eleven Annexation area would not necessitate the construction of additional facilities.

3. An indication of when the services can feasibly be extended to the affected territory Code Enforcement services to the project would be provided consistent with the absorption of dwelling units and other structures as they are occupied.

Because the Elder Creek 7 -Eleven Annexation area is adjacent to the City and of minimal size , there would be little need for code enforcement. The Code Enforcement Division focuses mainly on illegal garage conversions, additions, patio covers, and structural damage that potentially pose a threat to public safety, as well as areas of blight. Because the project would consist of a new development that meets current building standards, code enforcement can be feasibly extended to the project area.

4. Information with respect to how the services will be financed.

Code Enforcement is paid for out of the City’s General Fund. All other fees are based upon a case -by- case assessment of owner infractions. The Elder Creek 7 -Eleven Annexation project area would contribute to development fees and property taxes to the City’s General Fund, of which a portion would be allocated to fund Code Enforcement.

3.6 Law Enforcement
The City would provide law enforcement services for the project. This section identif ies the deta ils regarding a description of services. A summary regarding the implementation measures and funding necessary to serve the project is identified herein.

The following City of Sacramento 2035 General Plan policies are applicable to law enforcement:
 Policy PHS 1.1.2: Response Time Standards. The City shall strive to achieve and maintain optimal response times for all call priority levels to provide adequate police services for the safety of all city residents and visitors.

Plan for Services ELDER CREEK 7-ELEVEN Annexation

 Policy PHS 1.1.3: Staffing Standards. The City shall maintain optimum staffing levels for both sworn police officers and civilian support staff in order to provide quality police services to the community.  Policy PHS 1.1.4: Timing of Services. The City shall ensure that development of police facilities and delivery of services keeps pace with development and growth in the city.  Policy PHS 1.1.7: Development Review. The City shall continue to include the Police Department in the review of development proposals to ensure that projects adequate ly address crime and safety, and promote the implementation of Crime Prevention through Environmental Design principles.  Policy PHS 1.1.8: Development Fees for Facilities and Services. The City shall require development projects to contribute fees for police facilities.

1. Description, Level, and Range of Services to be extended to the affected territory.

Police protection services in the City of Sacramento are provided by the City of Sacramento Police Department (SPD). Additionally, the CHP responds to all incidents on the state highways, state -owned buildings, and state property within the City. Regional Transit contracts with both the SPD and the Sacramento Sheriff’s Department to provide police services. The RTPD is responsible for monitoring light rail stations, light rail trains, bus stops, buses, bus routes, regional transit riders, and other associated transit needs with regard to safety.

The SPD is managed by the Chief of Police and three deputy chiefs who oversee the Office of Operations, Office of Investigations, Office of Specialized Services, and Office of the Chief, respectively. In 2022, the SPD was staffed with 697 sworn officers and 278 civilian employees. The SPD’s Fiscal Year 2021 budget provides funding for 747 sworn officers and 333 civilian employees (SPD 2022).

The SPD uses a variety of data including geographic information system (GIS) based data, call and crime frequency data, and available personnel to rebalance officer deployment on an annual basis to meet the changing needs of the City. Along with this, the SPD changes the size of its patrol districts within its four established geographic police commands approximately every two years to reflect population growth, crime, and other factors which require boundary adjustments. Upon annexation, the project area would be located within Police District 6 area.

The fiscal year 2021 operating budget for SPD is approximately $140 million. Funding is received through a variety of sources with the primary source being the City’s general fund and Measure U. With regard to serving new development, the SPD realizes minimal revenue generation through licensing and fee recovery programs.

The main headquarters for the SPD is located at the Public Safety Center, Chief Deise/Kearns Administrative Facility, 5770 Freeport Boulevard. The Patrol Division in the SPD’s Office of Operations is directly responsible for managing and responding to emergency and non-emergency calls for service.

The department has three substations from which the patrol divisions operate. The facility that serves District 6 is the Richards Police Facility (Central and East Commands) located at 300 Richards Boulevard.

The other substations are the Joseph E. Rooney Police Facility (South Command) located at 5303 Franklin Boulevard (South Command) and the William J. Kinney Police Facility located at 3550 Marysville Boulevard (North Command).

Average SPD response times and workload are measured by the number of calls for service. Calls are categorized based on urgency of the situation from Priority 2 (P2) being the highest priority to Priority 6 (P6) being the lowest priority. Priority 1 (P1) calls are officer-initiated emergency requests for help which are responded to in real time. The SPD does not have an adopted response time standard. In fiscal year 2021, the SPD received a total of 227,938 calls for service including 73,896 officer-initiated calls for service. In the same year, the median response time for calls was 7 minutes (SPD 2022).

Plan for Services

2. An indication of any improvement or upgrade of facilities and other conditions the City would impose or require within the affected territory if the reorganization is completed.

The annexation area is currently served by the Sacramento County Sheriff’s Department (SCSD) which provides contract police services to the City of Rancho Cordova and law enforcement services to the unincorporated areas of Sacramento County. A variety of services are provided by the SCSD, including court security services, operating a system of jails for pretrial and sentenced inmates, and operating a training complex, which is also utilized by the Sacramento Police Department. Local police protection includes response to calls and trouble spots, investigations, surveillance, and routine patrolling. The nearest station house and community service center is the Florin Station/Service Center in the Central Division, located at 7000 65th Street, approximately 4.5 miles away from the annexation area.

Upon annexation, the project area would be served by the SPD. The SPD would need no additional staff to serve the area due to its small size, location adjacent to the City, and no new residents being added as part of the annexation. Construction of additional police facilities would not be necessary. Tax revenues generated such as property tax, Measure A tax, and utility tax, would generate significant revenues to the City which would contribute to, and aid in, providing funds for public services. Payment of development fees are also required for the overall development of the project area (including the Elder Creek 7-Eleven Annexation area) and these fees do contribute to funding for facilities and services that have been identified by the SPD as needed for services in the future. Fee amounts would be determined upon development review and would be enforced per Sacramento City Code Chapter 15.08

3. An indication of when the services can feasibly be extended to the affected territory Upon annexation, the Sacramento Police Department would provide law enforcement services to the project.

4. Information with respect to how the services will be financed.

Additional police services required for the proposed project would be funded by City general fund revenue including tax revenues generated by the residential uses proposed by the project, such as pro perty tax and sales tax.

3.7 Fire Protection Services
The City would provide fire protection services for the project. This section identifies the details regarding a description of services and level of service. A summary regarding the implementation measures and funding necessary to serve the project is identified herein.

The following City of Sacramento 2035 General Plan policies are applicable to fire protection services:
 Policy PHS 2.1.2: Response Time Standards. The City shall strive to maintain emergency response times that provide optimal fire protection and emergency medical services to the community.  Policy PHS 2.1.3: Staffing Standards. The City shall maintain optimum staffing levels for sworn, civilian, and support staff, in order to provide quality fire protection and emergency medical services to the community.
 Policy PHS 2.1.4: Response Units and Facilities. The City shall provide additional response units, staffing, and related capital improvements, including constructing new fire stations, as necessary, in areas where a fire company experiences call volumes exceeding 3,500 in a year to prevent compromising emergency response and ensure optimum service to the community.

Plan for Services ELDER CREEK 7-ELEVEN Annexation

 Policy PHS 2.1.5: Timing of Services. The City shall ensure that the development of fire facilities and delivery of services keeps pace with development and growth of the city.  Policy PHS 2.1.11: Development Fees for Facilities and Services. The City shall require development projects to contribute fees for fire protection services and facilities.  PHS 2.2.2: Development Review. The City shall continue to include the Fire Department in the review of development proposals to ensure projects adequately address safe design and on -site fire protection and comply with applicable fire and building codes.  PHS 2.2.4: Water Supply for Fire Sup pression. The City shall ensure that adequate water supplies are available for fire -suppression throughout the city and shall require development to construct all necessary fire suppression infrastructure and equipment.

1. Description, Level, and Range of Services to be extended to the affected territory.

The City of Sacramento Fire Department (SFD) provides fire protection services to a 146.3-square-mile service area including the entire City of Sacramento (City) as well as some unincorporated areas of Sacramento County (County) and holds jurisdiction over fire code compliance, monitoring and enforcement. These services include fire suppression, emergency medical services, fire prevention and investigation, hazardous materials response, search and rescue, and extrication within the city.

Contracted areas within the SFD’s jurisdiction include the Natomas Fire Protection District (NFPD) and the Pacific Fruitridge Fire Protection District (PFFPD), both of which provide service outside of the City.

The SFD has 24 active stations within its service area. The SFD has 729.5 full-time equivalent employees (SFD 2022). In 20 21, the SFD responded to approximately 105,510 calls with the majority of calls for emergency medical service (61,784 calls or 58.6 percent of total) (SFD 2022).

The closest responding SFD company to the project site is Station 60, which is located at 3301 Julliard Drive. Station 60 is within Battalion 2 and is staffed 24 hours a day, seven days a week by four firefighters and one fire engine, along with and auxiliary grass unit and is located approximately 1.5 miles from the proposed project site. The SFD currently has a Class 2 ISO rating within the project area, based on the type and extent of training provided to fire personnel, the SFD’s existing water supply, and, if necessary, upgrades to the on-site water distribution system.

The ±3.42-acre annexation area is currently in the Sacramento Metropolitan Fire District (Fire District) service boundaries. The SMFD station closest to the project area are Station 54 (8900 Fredric Avenue, unincorporated Sacramento) and Station 62 (3646 Bradshaw Road, Rancho Cordova). Prior to development within the annexation area, the City does not anticipate significant Fire Department service needs in the area given that it is single vacant parcel.

The SFD maintains automatic aid agreements with all its neighboring agencies including the Sacramento Metropolitan Fire District and Cosumnes Fire. Under these automatic aid agreements, all related emergency calls are routed through a central dispatch center and the nearest apparatus are dispatched to emergency incidents, regardless of political jurisdiction.

2. An indication of any improvement or upgrade of facilities and other conditions the City would impose or require within the affected territory if the reorganization is completed.

As required for mandatory compliance with the UFC/City Code Chapter 15.36, project design would comply with regulations relating to construction, maintenance, and use of buildings. The UFC contai ns specialized technical regulations related to fire and life safety. Such mandatory fire prevention and deterrence measures would include, but not be limited to, fire department access, fire hydrants, automatic sprinkler systems, fire alarm systems, fire and explosion hazards safety, hazardous materials storage Plan for Services

and use, provisions intended to protect and assist fire responders, industrial processes, and other fire - safety requirements for new and existing buildings and the surrounding premises. As described above in “Water,” there is adequate water supply and distribution facilities to provide sufficient fire flow to the project area.

Development of the Elder Creek 7-Eleven property would also be required to comply with state and local fire regulations, as outlined in the California Health and Safety Code and the City Code. Compliance with these mandatory regulations would ensure that fire and other emergency service providers would have adequate access to all properties within the project area in the event o f a fire emergency. Compliance would also support fire suppression and decrease the likelihood of fire spreading through preventative measures such as fire sprinklers and appropriate fire-safe vegetation choices and clearing requirements, and through the u se of fire -safe building materials, building plans, emergency access details and site plans.

Upon annexation, the project site would be served by the SFD. All fire and emergency service providers in the County of Sacramento have developed a Joint Powers Authority in favor of a unified service area dispatch system. Under the JPA agreement, all emergency calls are routed through a central dispatch center. Therefore, the closest station to the emergency call location would provide services to that call.

The SFD’s Julliard Station (Station #60), located north of the project area at 3301 Julliard Drive, would serve the project site. The Station is staffed 24 hours a day, seven days a week by four firefighters and one fire engine and is located approximately 1.5 miles from the project site. The SFD’s estimated response time to the project site is four minutes and 45 seconds. The closest SMFD stations to the project area are Stations 54 and 62. Station 54 is staffed 24 hours a day, seven days a week by three firefighters and one fire engine and is located less than half a mile north of the project site. Station 62 is also staffed 24 hours a day, seven days a week by five firefighters, one fire engine, and one medic (three firefighters staff the engine and two firefighters staff the medic unit ) and is located approximately 3.5 miles east of the project site. SMFD’s estimated response time to the project site is three minutes and 38 seconds.

Development within the project area would increa se the demand for higher levels of fire protection and emergency services, including additional staffing and vehicles, but would not necessitate the construction of additional facilities.

The Elder Creek 7-Eleven detailed plans and project design will be subject to review and approval by the SFD to ensure that all proposed project buildings include adequate fire protection equipment and infrastructure, such as fire sprinkler systems, as required by the California Fire Code. The SFD would provide any additions and/or modifications to be incorporated into the proposed fire systems necessary to ensure that the proposed project adequately addresses safe design and on -site fire protection in compliance with applicable fire and building codes, including the California Fire Code.

3. An indication of when the services can feasibly be extended to the affected territory Upon annexation, the Sacramento Fire Department would provide fire protection and emergency services to the project.

4. Information with respect to how the services will be financed.

Compliance with the City’s General Plan policies is enforced by Sacramento City Code Chapter 15.08, which requires that the payment of development impact fees, a Fire Department Inspection Fee to offset costs to review plans and supervise installation of, and periodic testing of, state mandated life safety systems, as well as any other fire -related fees, as determined upon development review, are paid prior to the issuance of the proposed project’s building permits.

Any a dditional fire services required for the proposed project would be funded by City general fund revenue including tax revenues generated by the residential uses proposed by the project, such as property tax and sales tax.

Plan for Services ELDER CREEK 7-ELEVEN Annexation

3.8 Solid Waste Services
The City would provide solid waste services for the project. This section identifies the details regarding a description of services and level of service. A summary regarding the implementation measures and funding necessary to serve the project is identified herein.

The following City of Sacramento 2035 General Plan policies are applicable to solid waste services:
 Policy U 1.1.1 Provision of Adequate Utilities. The City shall continue to provide and maintain adequate water, wastewater, and stormwater drainage utility services utility services to areas in the city currently receiving these services from the City, and shall provide and maintain adequate water, wastewater, and stormwater drainage utility services to areas in the city that do not currently receive these City services upon funding and construction of necessary infrastructure.  Policy U 1.1.4 Timing of Urban Expansion. The City shall assure that new public facilities and services are phased in conjunction with the approved urban development they are intended to serve.  Policy U 1.1.5 Growth and Level of Service. The City shall require new development to provide adequate facilities or pay its fair share of the cost for facilities needed to provide services to accommodate growth without adversely impacting current service levels.  Policy U 2.1.9 New Development. The City shall ensure that water supply capacity is in place prior to granting building permits for new development.
 Policy U 5.1.5 Residential and Commercial Waste Disposal. The City shall continue to provide curbside trash and recycling collection service to single -family residential dwellings and offer collection service to commercial and multifamily residential development.

1. Description, Level, and Range of Services to be extended to the affected territory.

Within the City, residential solid waste is collected by the City’s Recycling and Solid Waste Division.

Residential solid waste is taken to the Sacramento Recycling and Transfer Station and the North Area Recovery Station where it is sorted for transportation to the following landfills (based on 2015 data):
 Kiefer Landfill (Sloughouse, California): the landfill has a permitted capacity of 10,815 tons per day.

The landfill has approximately 113 million cubic yards of available capacity that is anticipated to have sufficient capacity through the year 2035.
 Forward Landfill (Stockton, California): the landfill has a maximum daily throughput capacity of 8,668 tons per day and approximately 24 million cubic yards of remaining capacity. It is anticipated to have sufficient capacity through the year 2021.
 L and D Landfill (Sacramento, California): the landfill has a maximum daily capacity of 2,540 tons and a total remaining permitted capacity of 6,031,055 cubic yards. It is anticipated to have a sufficient capacity through the year 2023.
 Yolo County Central Landfill (Yolo County, California): the landfill has a maximum daily throughput capacity of 1,800 tons and a total permitted capacity of 49 million cubic yards. It is anticipated to have sufficient capacity through the year 2081. (City of Sacramento 2016b) CalRecycle identifies that the City disposed of 700,427.94 tons of solid waste in 20 20 (approximately 1,918.98 tons per day). The City was above its disposal rate targets for population (7.5 pounds per day Plan for Services

[target was 6.9 pounds per day]) and employment ( 12.0 pounds per day [target was 10.8 pounds per day]). (CalRecycle. 2022)

2. An indication of any improvement or upgrade of facilities and other conditions the City would impose or require within the affected territory if the reorganization is completed.

The City Solid Waste Division has not indicated specific improvements or upgrade of facilities associated with the development of the Elder Creek 7-Eleven project as it would be serviced by private commercial service providers.

3. An indication of when the services can feasibly be extended to the affected territory Solid waste service to the Elder Creek 7-Eleven project area would be provided by commercial service providers currently operating in the region.

4. Information with respect to how the services will be financed.

Solid waste services are funded through user fees charged by the private commercial service providers.

3.9 Drainage and Flood Control
The proposed project site is a single vacant parcel with dilapidated pavement. Vegetation is limited to some scattered small trees around the perimeter of the property and minimal dry grasses. The proposed project site is located within the Morrison Creek watershed. The ability of the City of Sacramento to serve Elder Creek 7 -Eleven project has been detailed in the MSR. The details regarding a description of services, level of service, improvements and upgrades has been detailed in the Drainage Master Plan .

The following City of Sacramento 2035 General Plan policies are applicable to drainage services:

 Policy U 4.1.1: Adequate Drainage Facilities. The City shall ensure that all new drainage facilities are adequately sized and constructed to accommodate stormwater runoff in urbanized areas.  Policy U 4.1.4: Watershed Drainage Plans . The City shall require developers to prepare watershed drainage plans for proposed developments that define needed drainage improvements per City standards, estimate construction costs for these improvements, and comply with the City’s National Pollutant Discharge Elimination System (NPDES) permit.
 Policy U 4.1.6: New Development. The City shall require proponents of new development to submit drainage studies that adhere to City stormwater design requirements and incorporate measures, including “green infrastructure” and Low Impact Development (LID) techniques, to prevent on- or off- site flooding.
 Policy ER 1.1.4: New Development. The City shall require new development to protect the quality of water bodies and natural drainage systems through site desig n (e.g., cluster development), source controls, storm water treatment, runoff reduction measures, best management practices (BMPs) and Low Impact Development (LID), and hydromodification strategies consistent with the city’s NPDES Permit.
 Policy ER 1.1.5: Limit Stormwater Peak Flows. The City shall require all new development to contribute no net increase in stormwater runoff peak flows over existing conditions associated with a 100-year storm event.

Plan for Services ELDER CREEK 7-ELEVEN Annexation

 Policy ER 1.1.6: Post-Development Runoff. The City shall impose requirements to control the volume, frequency, duration, and peak flow rates and velocities of runoff from development projects to prevent or reduce downstream erosion and protect stream habitat.

1. Description, Level, and Range of Services to be extended to the affected territory.

The City of Sacramento provides drainage services for certain parts of the city through a combined sewer system, but not within the Elder Creek 7-Eleven area. This combined system places both sewage and storm drainage into a single pipe. The project will drain in a southerly to new collectors in the Elder Creek Road frontage.

2. An indication of any improvement or upgrade of facilities and other conditions the City would impose or require within the affected territory if the reorganization is completed.

The project would include the construction of drainage infrastructure to connect to existing mains that are adjacent to project site within South Watt Avenue. Drainage infrastructure would include a trunk drainage line that would flow to a retention basin located south of Jackson Highway and east of Mayhew Road.

3. An indication of when the service can feasibly be extended to the affected territory Drainage would be extended to the annexation area with the development of the larger Elder Creek 7- Eleven project. Flood control services already exist in the area but would be expanded if deemed necessary by FEMA.

4. Information with respect to how the services will be financed.

The provision of drainage and flood control services to the Elder Creek 7-Eleven annexation area would require the construction of both on and off the proposed project site and would be privately funded by the project developer. The City’s m aintenance services are funded through user fees. The current rate schedule for drainage services can be viewed at:
http://www.cityofsacramento.org/online-services/FeeChargeSearch?cu_fee_id=3278

3.10 Parks and Recreation

1. Description, Level, and Range of Services to be extended to the affected territory.

The City of Sacramento Parks and Recreation Department (SPRD) oversees and manages park and recreation resources within the city limits. The City currently owns and operates 226 parks and parkways totaling nearly 3,200 acres of land including developed and passive parks, golf courses, bikeways and trails, lakes/ponds and beaches, dog parks, community gardens, skate parks and other recreational facilities. The City also operates other types of recreational facilities including a senior center, numerous community centers, and several clubhouses (i.e., activity buildings available for rental by the public for small parties, gatherings, and meetings) (SPRD 2016).

The SPRD’s recreational grounds are divided into ten community planning areas. Upon annexation, the project area would be located in the Fruitridge/Broadway Community Planning Area. Table 2 summarizes the existing neighborhood and community serving parks for each of the planning areas. Table 3 summarizes the existing citywide/regionally serving parks in the city. The Elder Creek 7 -Eleven development (including the annexation area) would meet City requirements via payment of applicable park development impact fees.

Plan for Services

2. An indication of any improvement or upgrade of facilities and other conditions the City would impose or require within the affected territory if the reorganization is completed.

The Elder Creek 7 -Eleven annexation area will include not include any new parks though outdoor amenities and landscaping are conditioned as part of the entitlement approvals. As noted previously, the proposed annexation includes d etachment of the of the approximatel y 3.42-acre area from Southgate Park District. A significant economic loss would not occur as this project is the development of a single parcel and there are no on-site park facilities maintained by the District. The Elder Creek 7-Eleven Tax Exchange Agreement provides the District funding commensurate with undeveloped land as part of the detachment. The detachment of the 3.42-acre annexation area from the District would not alter park demands for park facilities or result in the loss of park facilities to the District.

3. An indication of when the services can feasibly be extended to the affected territory Upon annexation, parks services would be available to the annexation area.

4. Information with respect to how the services will be financed.

Pursuant to Chapter 18.44 of the Sacramento City Code, payment of a park development impact fee is required for residential and non -residential development within the City. Fees collected pursuant to Chapter 18.44 are primarily used to finance the construction of park facilities. Therefore, the project applicant would also be required to pay the appropriate park development impact fees for the project.

3.11 Libraries
The City would provide library services for the project. This section identifies the details regarding a description of services and level of service. A summary regarding the implementation measures and funding necessary to serve the project is identified herein.

1. Description, Level, and Range of Services to be extended to the affected territory.

The Sacramento Public Library (SPL) is a joint power authority of the County and the City. The SPL provides a variety of library services to residents of the city and county. The SPL operates 28 branches as well as bookmobiles that visit numerous community sites thro ughout the county. The library system currently maintains approximately 0.35 square feet of library space per capita and 1.54 volumes per capita. The library does not currently have per capita standards to define adequate service levels for space and holdings.

The Sacramento Public Library Authority Facility Master Plan 2007 -2025 was prepared by the SPL in March 2007. The Master Plan describes existing facilities and identifies needs for new and expanded facilities. The Master Plan identifies a new branch to be constructed at 65th Street and Folsom Boulevard to serve the eastern portion of the City of Sacramento. The Colonial Heights facility, currently serving the Fruitridge area east of Highway 99, is also expected to be renovated and expanded at its current location to accommodate the community’s existing residents and allow it to continue to serve the Fruitridge area.

2. An indication of any improvement or upgrade of facilities and other conditions the City would impose or require within the affected territory if the reorganization is completed.

The Colonial Heights Library Branch currently serves the project site and the surrounding area. In addition, the Joint Powers Authority has designed and planned a library to accommodate growth in the eastern portion of the City of Sacramento area and would serve any additional future needs of the Elder Creek 7-Eleven site. In June 2016, City of Sacramento voters approved to extend Measure X, an initiative to continue a parcel tax providing the library with approximately $5 million annually, for an additional ten Plan for Services ELDER CREEK 7-ELEVEN Annexation

years. Measure X levies a flat tax of $55.53 per acre for commercial properties annually. The Elder Creek 7-Eleven would be subject to, and comply with, Measure X. In addition, the project would be required to pay development fees that would support the funding of public services needed to serve all development within the Elder Creek 7-Eleven area. The need for expansion of library services and facilities is discussed in the Sacramento Public Library’s Facilities Master Plan and is based on SACOG population projections.

3. An indication of when the services can feasibly be extended to the affected territory Upon annexation, library services would be available to the annexation area.

4. Information with respect to how the services will be financed.

The project would provide funding under Measure X through property taxes starting at a rate of $55.53 per acre for commercial properties annually. In addition, the project would be required to pay development fees that would support the funding of public services needed to serve all development within the Elder Creek 7-Eleven area.

Plan for Services

4. REFERENCES
City of Sacramento. 2022. Elder Creek 7 -Eleven Annexation Tax Exchange Agreement. City of Sacramento (File ID 2022-00XXX) and County of Sacramento. _____. 2022. Final Mitigated Negative Declaration , Elder Creek 7 -Eleven, record P20-036. State Clearinghouse #XX. Prepared by Ascent Environmental, Inc., Sacramento, CA. _____. 2022. 2015 Urban Water Management Plan, Final -June 2016. Sacramento, CA. Prepared by West Yost Associates, Sacramento, CA.
_____. City of Sacramento Parks and Recreation Department. 20 22. Parks. http://www.cityofsacramento.org/ParksandRec/Parks.
_____. SPL (Sacramento Public Library). 2022. Sacramento Public Library. http://www.saclibrary.org/. _____. (SPD) Sacramento Police Department. 2022. 2021 Annual Report. _____. 2022 City of Sacramento Fire Department Annual Report 20 21. Avail able at: < https://www.cityofsacramento.org/-/media/Corporate/Files/Fire/Reports/2015-Annual- Report.pdf?la=en>.
_____. 2022. Draft Master Environmental Impact Report for the City of Sacramento 2035 General Plan Update. SCH No. 2012122006.
_____. (SPRD) City of Sacramento Parks and Recreation Department. 2009. Parks and Recreation Master Plan 2005-2010.
_____. SPL (Sacramento Public Library). 2022. Sacramento Public Library Authority Facility Master Plan 2007-2025.
_____. Cal Recycle . 2022. Jurisdiction Diversion/Disposal Rate Detail, 2020. https://www2.calrecycle.ca.gov/LGCentral/%20DiversionProgram/JurisdictionDiversionDetail/41 8/Year/2020

RESOLUTION NO. 2023-

Adopted by the Sacramento City Council

May 23, 2023

RESOLUTION AMENDING THE GENERAL PLAN LAND USE MAP FROM ±3.42 ACRES OF SPECIAL STUDY AREA DEVELOPMENT TO ±3.42 ACRES OF INDUSTRIAL (ELDER CREEK 7-ELEVEN ANNEXATION PROJECT (P20-036))

BACKGROUND

A. The Elder Creek 7-Eleven Annexation Project generally consists of the annexation of 3.42± acres of land, including a single 2.49± acre parcel, from the County of Sacramento into the City (as shown in Exhibit A). As part of the project, the applicant proposes to amend the General Plan land use designations to align with its development proposal.

B. On November 10, 2022, the Planning and Design Commission conducted a public hearing and voted to forward its recommendation on the Elder Creek 7- Eleven Annexation Project to the City Council.

C. On May 23, 2023, after giving notice as required by Sacramento City Code section 17.812.010.2.b and 17.812.030, the City Council held a public hearing and received and considered evidence on the Elder Creek 7-Eleven Annexation Project.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. The statements in the Background section are true.

Section 2. The City Council finds that the General Plan, as proposed to be amended as set forth in Exhibit A.

A. Is in full compliance with the applicable requirements of the Planning and Zoning Law and comprises a comprehensive, long- term general plan for the physical development of the city and lands located outside of the territorial limits of the city that have a relation to its planning;

B. Contains the substance of each of the state-mandated elements, to the extent that the subject of the element exists within the planning area; and
C. Comprises an integrated, internally consistent, and compatible statement of policies for the city relating to its physical development.

Section 3. The City Council finds that the proposed amendment to the General Plan land use designation for the area set forth in Exhibit A—

A. Is internally consistent with the goals, policies, and other provisions of the General Plan;

B. The amendments promote the public health, safety, convenience, and welfare of the city; and

C. The zoning classification of the subject parcel is consistent with the proposed general plan land use designation.

Section 4. Based on the oral and documentary evidence received at the hearing on the Elder Creek 7-Elevn Annexation Project, the City Council approves the General Plan Amendment for the Elder Creek 7-Eleven Annexation Project to amend the General Plan land use designations for the property from ±2.49 acres of Special Study Area (to be annexed) to ±2.49 acres of Industrial (as shown in Exhibit A).

Section 5. Exhibit is a part of this Resolution.

Table of Contents:

Exhibit A – Elder Creek 7-Eleven Annexation Existing and Proposed General Plan Land Use Designations

Adopted by the City of Sacramento City Council on May 23, 2023, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Attest:

Mindy Cuppy, City Clerk

The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.

SACRAMENTO,CALIFORNIA
BY
JOB NO.

DATE
A19553
SHEET
SCALE
2850 Collier Canyon RoadLivermore, CA 94551 Phone: (925)245-8788 www.kierwright.com
JAN., 2021
SRG NEC S. WATT AVE. & ELDER CREEK RD.

GENERAL PLAN AMENDMENT EXHIBIT
1" = 100'
1 OF 1

VICINITY MAP
N.T.S.

N
SITE
S. WATTS AVE

ELDER CREEK RD

TURNER DRIVE

ELDER CREEK RD
S. WATTS AVE

TURNER DRIVE
NORTH

EXISTING GENERAL PLANPROPOSED GENERAL PLAN

INTENSIVE INDUSTRIAL
(COUNTY DESIGNATION)

INDUSTRIAL
(CITY DESIGNATION)
ORDINANCE NO. 2023-

Adopted by the Sacramento City Council

May 23, 2023

AMEDING TITLE 17 OF THE SACRAMENTO CITY CODE BY
REZONING/PREZONING APPROXIMATELY 2.49 ACRES OF LIGHT INDUSTRIAL (M-1 (COUNTY)) TO 2.49 ACRES OF LIGHT INDUSTRIAL (M-1S)

BACKGROUND

A. The Elder Creek 7-Eleven Annexation project generally consists of the annexation of a 2.49± acre parcel of land from the County of Sacramento into the City (as shown in Exhibit A). As part of the project, the applicant proposed to prezone/rezone the lands to align with its development proposal.

B. On November 10, 2022, the Planning and Design Commission conducted a public hearing and voted to forward its recommendation on the Panhandle Annexation Project to the City Council.

C. On May 23, 2023, after giving notice as required by Sacramento City Code section 17.812.010.2.b and 17.812.030, the City Council held a public hearing and received and considered evidence on the Elder Creek 7-Eleven Annexation Project.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1

As used in this ordinance, “Property” means the real property depicted in attached Exhibit A consisting of approximately 2.49 acres.

SECTION 2

Title 17 of the Sacramento City Code (the Planning and Development Code) is hereby amended by rezoning/prezoning the Property from ±2.49 acres of Light Industrial (M-1 (County)), to ±2.49 acres of Light Industrial (M-1S), as shown on Exhibit A.

SECTION 3

The rezoning of the Property by this ordinance is consistent with the applicable General Plan land-use designation, use, and development standards; the goals, policies, and other provisions of the General Plan. There is no applicable specific plan. The amendment promotes the public health, safety, convenience, and welfare of the City.

Table of Contents:

Exhibit A – Elder Creek 7-Eleven Annexation Existing and Proposed Zones

Adopted by the City of Sacramento City Council on May 23, 2023, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Attest:

Mindy Cuppy, City Clerk

The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.

Passed for Publication: May 16, 2023
Published: XX, 2023
Effective: XX, 2023

SACRAMENTO,CALIFORNIA
BY
JOB NO.

DATE
A19553
SHEET
SCALE
2850 Collier Canyon RoadLivermore, CA 94551 Phone: (925)245-8788 www.kierwright.com
JAN., 2021
SRG
NORTH
NEC S. WATT AVE. & ELDER CREEK RD.

REZONE EXHIBIT
1" = 100'
1 OF 1

VICINITY MAP
N.T.S.

N
SITE
S. WATTS AVE

ELDER CREEK RD

TURNER DRIVE

ELDER CREEK RD
S. WATTS AVE

TURNER DRIVE NORTH

EXISTING ZONINGPROPOSED ZONING
M-1

2.49 acres
M-1S

2.49 acres
RESOLUTION NO. 2023 –

Adopted by the Sacramento City Council

RESOLUTION TO APPROVE THE ELDER CREEK 7-ELEVEN ANNEXATION PROJECT ENTITLEMENTS (P16-032)

BACKGROUND

A. The Elder Creek 7-Eleven Annexation Project generally consists of the annexation of 3.42± acres of land from the County of Sacramento into the City, specifically Fruitridge Florin Community Plan area.

B. On November 10, 2022, after conducting a public hearing, the City Planning and Design Commission forwarded to the City Council a recommendation to approve the Elder Creek 7-Eleven Annexation (P20-036) project.

C. On May 23, 2023, after giving notice as required by the Sacramento City Code section 17.812.010 (A)(2)(b) and 17.812.030, the City Council conducted a public hearing on the Project, receiving and considering evidence concerning it.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. Based on the verbal and documentary evidence received at the hearing on the Elder Creek 7 -Eleven Annexation project, the City Council approves the Project entitlements based on the findings of fact and subject to the conditions of approval as set forth below.

Section 2. The City Council approves the Project entitlements based on the following findings of fact:

E. Conditional Use Permit for a large gas station in the Light Industrial (M-1S) zone is approved based on the following Findings of Fact:

1. The proposed use and its operating characteristics are consistent with the general plan. The proposed project is consistent with the General Plan Land Use Designation of Industrial and its goals and policies because it develops a vacant, underutilized parcel within the City’s Sphere of Influence with a commercial use that will support nearby industrial and heavy commercial uses. Furthermore, the proposed project is consistent with General Plan policy related to commercial uses that offer enhanced design characteristics with elevated design and by improving the street frontage and associated streetscape with a well landscaped corridor.

There is no specific plan or transit village plan associated with this project.

2. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning districts in which it will be located, and of all other provisions of this title and this code. The project as proposed complies with the development standards of the Light Industrial (M-1S) zone. Staff finds that the buildings adequately address setbacks, landscaping, and pedestrian and vehicular connectivity.

3. The proposed use is situated on a parcel that is physically suitable in terms of location, size, topography, and access, and that is adequately served by public and private services and utilities, in that the project will have three points of vehicular ingress/egress from South Watt Avenue, Elder Creek Road and Turner Road. The project will manage its stormwater through appropriate grading and paving and will be served by the required public and private utilities needed to ensure proper operation of the use.

4. The proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance. The design, building placement, and site improvements will provide a positive contribution to the area by activating East Commerce Way. The project has been conditioned to ensure a long-lasting operation that will work to enhance available amenities for the surrounding area and developing a vacant parcel into a clean and welcoming use. Additionally, the gas station is conditioned to provide a minimum of two spaces of level-2 electric vehicle charging.

F. Conditional Use Permit for alcohol sales is approved based on the following Findings of Fact:

1. The proposed use and its operating characteristics are consistent with the General Plan and any applicable specific plan or transit village plan. As a low intensity retail use near residential neighborhoods, the proposed alcohol sales conform to the General Plan designation of Industrial and is consistent with the related goals and policies of this designation.

2. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the Light Industrial (M-1S) zone in which it is located, and all other provisions of this title and this code. The proposed alcohol sales conform to the applicable standards, requirements, and regulations of the Industrial (M-1S) zoning district and other applicable conditions of the City Code.

3. The proposed use is situated on a parcel that is physically suitable in terms of location, size, topography, and access, and that is adequately served by public and private services and utilities, in that the project will have three points of vehicular ingress/egress and will manage its stormwater through appropriate grading and paving and will be served by the required public and private utilities needed to ensure proper operation of the use.

4. The proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding area and will not result in the creation of a nuisance. The alcohol sales will be within the convenience store and will serve as a quick and convenient shopping location for those working and living in the immediate area. The alcohol license and conditional use permit are compatible with the intensity and type of the surrounding uses on adjacent roadways in a heavily industrialized area and will be conditioned to ensure that the business will not negatively impact any of the surrounding businesses. Additionally, the Police Department has reviewed the proposed request for alcohol sales and has determined that the provision of this license would not result in a nuisance to the surrounding area and has provided conditions to be placed on the alcohol license to ensure this. The applicant is required to post information of a 24-hour emergency phone number and contact person to coordinate the resolution of neighborhood in a timely manner.

5. The proposed use will not adversely affect the peace or general welfare of the surrounding area. The use permit is conditioned with hours of operation so as to be compatible with adjacent residential uses in the surrounding neighborhood. The applicant is required to post information of a 24-hour emergency phone number and contact person to coordinate the resolution of neighborhood in a timely manner.

6. The proposed use will not result in undue concentration of establishments dispensing alcoholic beverages. The overconcentration of alcohol purveyors in the area as determined by the Alcohol Beverage Control (ABC) Agency necessitated a Letter of Public Convenience or Necessity, which was issued by the City of Sacramento Police Department. In issuing this letter, the Police Department determined that there is no basis for denying this license to the subject site due to undue concentration of alcohol serving establishments within the census tract.

7. The proposed use will not enlarge or encourage the development of a skid row or blighted area. The sale of alcohol will be supervised by ABC and is required to comply with the conditions on the ABC license. The use permit is conditioned to be compatible with nearby uses in addition to a number of “good neighbor” policies which require the operator to have contact information posted in a readily accessible location. Acceptance and compliance with CUP operating conditions will assist in discouraging and preventing associated negative impacts which can contribute to the development of blighted areas.

8. The proposed use will not be contrary to or adversely affect any program or redevelopment or neighborhood conservation. The granting of this use permit will allow for conditions of approval to be included with the permit and will provide more support for both the business and surrounding land uses.

G. Conditional Use Permit for tobacco retailing in the Light Industrial (M-1S) zone is approved based on the following Findings of Fact:

1. The proposed tobacco retail use is consistent with the Industrial land use designation and the goals and policies of the 2035 General Plan by supporting a business that will support employment generating and residential uses in an area with few amenities. Additionally, activating this vacant lot will help stimulate the local economy with a new business by providing jobs.

2. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the Light Industrial (M-1S) zone and Planning and Development Code. The project is an allowable use in the zone and has been evaluated for any potential impacts it may have on nearby land uses.

3. The proposed use is situated on a parcel that is physically suitable in terms of location, size, topography, and access, and that is adequately served by public and private services and utilities, in that the tobacco sales will occur fully inside the convenience store and behind the attendant counter.

4. The proposed use would not be detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance. The purchasing of tobacco products at the subject site is not expected to be detrimental to the surrounding neighborhood or a nuisance because the project will provide a point of sale (POS) identification check to ensure tobacco is not sold to minors in addition to the project implementing several security measures as part of establishing the gas station. The project will also provide a minimum of 250 square feet dedicated to the sale of fresh food products in accordance with the requirements for tobacco sales.

H. Site Plan and Design Review for the construction of the gas station, a 4,150- square-foot Convenience Store, and a 790-square-foot ancillary carwash in the Light Industrial (M-1S) zone is approved based on the following Findings of Fact:

1. The proposed use and its operating characteristics are consistent with the general plan. The proposed project is consistent with the General Plan Land Use Designation of Industrial and its goals and policies because it develops a vacant, underutilized parcel within the City’s Sphere of Influence with a commercial use that will support nearby businesses and visitors. Furthermore, the proposed project is consistent with General Plan policy related to commercial projects that offer enhanced design characteristics by providing attractive and welcoming architecture while improving the street frontage and association streetscape with a well landscaped corridor. There is no specific plan or transit village plan associated with this project.

2. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning districts in which it is located, and of all other provisions of this title and this code.

The project as proposed complies with the development standards of Light Industrial (M-1S) zone. Staff finds that the buildings adequately address setbacks, landscaping, and pedestrian and vehicular connectivity.

3. All streets and other public access ways and facilities, parking facilities, and utility infrastructure are adequate to serve the proposed development and comply with all applicable design guidelines and development standards in that the proposed project provides onsite and offsite improvements to sufficiently serve the project and its users through appropriate stormwater management, extension of necessary public and private utility infrastructure, and parking and landscaping improvements.

4. The design, layout, and physical characteristics of the proposed development are visually and functionally compatible with the surrounding neighborhood in that the surrounding area is a mix of industrial warehousing, outdoor storage yards, and other heavy commercial and industrial uses. The proposed design utilizes materials compatible with the commercial design guidelines where the project will create an active and dynamic use while enhancing the collective streetscape and architectural quality of its surroundings. The onsite improvements will enhance the existing streetscape creating uniformity with adjacent development.

5. The design, layout, and physical characteristics of the proposed development ensure energy consumption is minimized and use of renewable energy sources is encouraged. The project meets the 50- percent shade requirement which helps shade the buildings and heat absorbent surfaces such as asphalt, ultimately reducing the urban heat island effect, which translates to reduced energy consumption needed to condition or cool the interior of the building.

6. The design, layout, and physical characteristics of the proposed development are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance in that the project provides a local workers and residents with a convenient place to shop and purchase gas and food while also providing outdoor amenities and electric vehicle charging in an area with few amenities.

CONDITIONS OF APPROVAL
E. The Conditional Use Permit for a gas station in the Light Industrial (M-1S) zone is approved subject to the following Conditions of Approval:

E1. Development shall comply with the Site Plan and Design Review conditions of approval.

E2. No amplified sound is permitted outdoors. The operator is responsible for ensuring customers do not amplify sound.

E3. The operator shall be responsible for the daily removal of all litter from the site.

E4. The following “Good Neighbor” measures shall be implemented by the applicant and any operator:
a. Establish a process for neighbors to communicate directly with management staff should there be any problems or issues.

b. Provide signage at the building storefront that includes a 24-hour emergency contact person and phone numbers on-site that is located in a clearly identified place and kept up to date.

E5. The parking area of the gas station shall install level-2 electric vehicle charging capable of charging a minimum of two electric vehicles simultaneously.

E6. Trash receptacles shall be placed at the fuel islands for use by customers.

E7. No mechanical auto repair or auto body repair shall take place on the premises.

E8. Any modification to the project shall be subject to review and approval by Planning Staff prior to the issuance of building permits. Any significant modification to the project may require additional planning entitlements.

E9. The applicant shall obtain all applicable permits for the sale of fuel.

F. The Conditional Use Permit for alcohol sales in the Light Industrial (M-1S) zone is approved subject to the following conditions:

F1. The following “Good Neighbor” measures shall be implemented by the applicant and any operator:
a. Establish a process for neighbors to communicate directly with the management staff of the market should there be any problems or issues.
b. Provide signage at the building storefront that includes a 24-hour emergency contact person and phone numbers on-site that is located in a clearly identified place and kept up to date.

F2. The operator shall be responsible for the daily removal of all litter from the site.

F3. Any modification to the attached plans shall be subject to review and approval by Planning staff prior to the issuance of any Building permits.

F4. Any future exterior modifications to the building shall be reviewed and approved by Planning and Design staff.

F5. A minimum of one “No Loitering” sign shall be prominently placed on the exterior of the building.

F6. Any signage shall comply with the City Sign Code requirements. All signage is subject to a separate review and approval process through a sign permit.

F7. Sales of alcoholic beverages shall be permitted per the conditions of the ABC license.

F8. Any modifications to the hours of alcohol sales shall require additional planning review and may result in the need for additional planning entitlements.

G. The Conditional Use Permit for tobacco retailing in the Industrial (M-1S) zone is approved subject to the following conditions:

G1. The applicant shall obtain required licensing by the Revenue Department prior to operating.

G2. This Conditional Use Permit expires after three years from date of approval if no tobacco retail license has been obtained and if the selling of tobacco has not commenced.

H. Site Plan and Design Review for the construction of the gas station, a 4,150- square-foot convenience store, and a 790-square-foot carwash in the Light Industrial (M-1S) zone is approved subject to the following conditions:

PLANNING
H1. Development of this site shall be in compliance with the approved plans.

Any modification to the project shall be subject to additional planning review and may require subsequent entitlements prior to the issuance of building permits.

H2. This approval is for the development of six-pump (12 fueling stations) gas station with a 4,150-square-foot convenience store, and a 790-square-foot ancillary (accessory) car wash.

H3. The building elevations shall have a consistency of detail and quality as indicated on the plans. If there are any discrepancies between the exhibits and the conditions, the conditions will take precedence. All notes and drawings on the included plans as submitted by the applicant are deemed conditions of approval. Any work that differs from the final set of plans approved by Planning staff shall be subject to review and approval prior to the issuance of a building permit or work undertaken.

H4. The applicant shall comply with the approved Mitigation Monitoring Plan for this project (P20-036) on file at the Planning Division.

H5. The applicant shall obtain all necessary building and encroachment permits prior to commencement of construction.

H6. Level-2 electric vehicle charging shall be provided as indicated on approved plans. The charger(s) shall be able to charge a minimum of two vehicles simultaneously.

H7. Location and number of short- and long-term bicycle parking shall be provided as indicated on the approved plans. This project requires a minimum of 2 long-term and 2 short-term bicycle spaces.

H8. The project shall comply with the tree shading requirements for parking lots, prescribed in the Planning and Development Code section

17.612.040.

H9. The project shall comply with applicable recycling and solid waste disposal regulations as prescribed in Planning and Development Code section

17.616.

H10. All proposed signage is subject to a separate sign permit and shall conform to all applicable Sacramento City Code requirements.

H11. Mechanical equipment shall be screened from all street views. Final plans indicating size and location of units shall be reviewed and approved by planning staff prior to issuance of building permits to ensure full compliance of requirement to fully screen all mechanical equipment.

H12. Project lighting shall comply with all applicable Sacramento City Code requirements. Fixtures shall be unobtrusive and complementary to the architectural design of the site. Wall pack and shoe box lighting are not permitted. Lighting shall be designed to not produce hazardous and annoying glare to motorists and building occupants, adjacent properties, or the general public. All fixtures should be placed in a manner that avoids glare when observed from the street or other public areas.

H13. Provide the following design elements at all elevations as shown on the approved plans:
a. Stucco.
b. Storefront windows.
c. Hollow core metal door.
d. Roof trim.
e. ACM panel system.
f. Cast stone veneer.
g. GI flashing.
h. Aluminum awning.
i. Aluminum trim.

H14. Trash enclosures shall meet all requirements of Sacramento City Code section 17.616, including, but not limited to, perimeter landscaping, masonry walls, solid metal gate, concrete apron, overhead clearance, and signs.

H15. Provide the following design elements on all elevations of the trash enclosure as shown on the approved plans:
a. Color and texture mix of cement block
b. Rib panel cover
c. Vegetation screen

PUBLIC WORKS
H16. Construct standard public improvements as noted in these conditions pursuant to Title 17 of the City Code. Improvements shall be designed to City of Sacramento and County of Sacramento Standards and assured as set forth in Section 17.502.020 of the City Code. All improvements shall be designed and constructed to the satisfaction of the Department of Public Works. Any public improvements not specifically noted in these conditions shall be designed and constructed to City Standards.

H17. Dedicate sufficient right of way and Construct South Watt Avenue consistent with County of Sacramento 6-lane arterial roadway standards.

The construction of South Watt Avenue shall be from the Centerline of the road to the east including a standard bus turn-out and full frontage improvements to the satisfaction of the City of Sacramento and County of Sacramento.

H18. The applicant shall coordinate with the County of Sacramento and extend the existing curb median along South Watt Avenue further to the north (50-feet past the proposed driveway) to prevent left in and out vehicular movements from the proposed driveway along South Watt Avenue to the satisfaction of the City of Sacramento and County of Sacramento.

H19. Dedicate right of way and construct a standard bus turn out with a concrete bus shelter pad per Standard Drawing 4-43 (top drawing) and 4- 44 in the 2018 Sacramento County Improvement Standards along South Watt Avenue consistent with the County of Sacramento standards and to the satisfaction of the City of Sacramento and County of Sacramento. The bus pad shall have a minimum separate of 10-feet from the driveway.

H20. Dedicate sufficient right of way along Elder Creek Road in the form of an Irrevocable Offer of Dedication (I.O.D.) to the satisfaction of the County of Sacramento. The required I.O.D. for Elder Creek Road shall be based on Sacramento County standards and shall include two westbound left turn lanes, three through lanes, a 5-foot bicycle lane and a single right turn lane. The applicant shall also dedicate a 20-foot wide Public Utilities and Public Facilities Easement (PUPFE) adjacent to the ultimate right of way along Elder Creek Road to the satisfaction of the County of Sacramento.

The applicant shall coordinate with the City of Sacramento on any proposed improvements to be constructed within the PUPFE Easement area that includes any landscaping or tree plantings.

H21. The applicant shall construct interim improvements along Elder Creek Road with full frontage improvements (curb, gutter, planter, and sidewalk, streetlights) to the satisfaction of the City and County of Sacramento. The new sidewalk construction shall be constructed in the ultimate location and shall have an appropriate transition to the intersection corner to the satisfaction of the City and County of Sacramento.

H22. No driveway permit shall be issued for the proposed driveway along Elder Creek Road until the applicant provides complete improvement plans and a roadway design that provides for:
a. A 2-foot wide (minimum) median/curb to prevent left in/out movement at the driveway.
b. A minimum of 18-feet of pavement width for the eastbound lane on Elder Creek Road and an appropriate shoulder.
c. Appropriate lane transitions per MUTCD for westbound approaches and eastbound approaches.
d. All required signage and roadway pavement markings.
e. The final design shall be to the satisfaction of the City and County of Sacramento.

H23. Dedicate sufficient right of way and construct the west side of Turner Road per the City’s Local Industrial Street standard (DPM plate No.15-4) to the satisfaction of the Department of Public Works.

H24. To accommodate the proposed vehicular access and driveway along South Watt Avenue, the applicant shall contact and negotiate with the County of Sacramento to obtain access rights along this parcel’s frontage on South Watt Avenue and to relinquish the access restriction in place to the satisfaction of the County of Sacramento.

H25. As a result of all roadway construction, the applicant shall relocate any existing utilities which conflict with the required improvements (i.e., power poles, signal mast arms, signal equipment, electrical cabinets, manholes, etc.). consistent with County of Sacramento standards to the satisfaction of the City of Sacramento and County of Sacramento.

H26. This project will require the installation of streetlights on all public streets fronting this property to the satisfaction of the City of Sacramento and County of Sacramento. The number and locations of these lights will be determined when development plans are submitted for review.

H27. All right-of-way and street improvement transitions that result from changing the right-of-way of any street shall be located, designed and constructed to the satisfaction of the City of Sacramento and County of Sacramento.

H28. The applicant shall provide a signing and striping improvement plan if new signage or striping is proposed; or if existing signing and/or striping is removed or relocated. The plans shall be to the satisfaction of the City of Sacramento and County of Sacramento.

H29. All new driveways shall be designed and constructed to City Standards to the satisfaction of the Department of Public Works.

H30. Comply with requirements included in the Mitigation Monitoring Plan developed by, and kept on file in, the Planning Division Office (P20-036).

H31. The site plan shall conform to A.D.A. requirements in all respects. This shall include the replacement of any curb ramp that does not meet current A.D.A. standards at the following locations:
a. a. At the north-east corner of South Watt Avenue and Elder Creek Road intersection.
b. b. At the north-east and north-west corner of Turner Road and Elder Creek Road intersection
H32. The site plan shall conform to the parking requirements set forth in City Code 17.608.040.

H33. The design of walls fences and signage near intersections and driveways shall allow stopping sight distance per Caltrans standards and comply with City Code Section 12.28.010 (25' sight triangle). Landscaping in the area required for adequate stopping sight distance shall be limited 3.5' in height at maturity. The area of exclusion shall be determined by the Department of Public Works.

H34. 20. A stop bar at the exit of the car wash tunnel shall be provided.

UTILITIES
H35. The development of this site must comply with the current City of Sacramento design standards. The water and drainage services shall be located, designed and constructed per the City of Sacramento Design and Procedure Manual and shall be to the satisfaction of the Department of Utilities (DOU).

H36. Prior to the initiation of water and storm drainage services, the developer must complete the annexation process with the City of Sacramento.

Evidence of the completion shall be submitted to the DOU concurrent with the building permit application. (Note: The DOU will not install any services until the annexation is completed and recorded.) H37. Per City Code Section, 13.04.070, multiple water service to a single lot or parcel may be allowed if approved by DOU Development Review and Operations and Maintenance staff. Any new water services (other than fire) shall be metered. Excess services shall be abandoned to the satisfaction of the DOU. (Note: Water taps across street medians are not allowed, unless otherwise approved by the DOU.)
H38. Concurrent with the submittal of improvement plans, prepare a project specific water study for review and approval by the DOU. The water distribution system shall be designed to satisfy the more critical of the two following conditions: (1) at maximum day peak hour demand, the operating or "residual" pressure at all water service connections shall be at least 30 pounds per square inch, (2) at average maximum day demand plus fire flow, the operating or "residual" pressure in the area of the fire shall not be less than 20 pounds per square inch. The water study shall determine if the existing and proposed water distribution system is adequate to supply fire flow demands for the project. A water supply test may be required for this project. The applicant is advised to contact the City of Sacramento Utilities Department Development Review Section (916-808-7890) at the early planning stages to address any water related requirements. Failure to submit the water study may delay review and approval.

H39. The proposed development is not contiguous to an existing public water main. The property owner/developer shall construct off-site water main extensions as determined by the DOU. (Note: Construct a water main extension and appurtenances in South Watt Avenue on the east side of the street median. Taps to the existing 12” City water main located in the west side of the street median are not allowed, unless otherwise approved by the DOU. The construction of the new water main shall be to the satisfaction of the DOU.)
H40. Two points of service for the public water distribution system for this development are required. All water lines shall be placed within the asphalt section of public rights-of-way as per the City’s Design and Procedures Manual.

H41. Common area landscaping greater than 5,000 square feet shall have a separate street tap for a metered irrigation service.

H42. Manifold water services are not allowed. Separate service taps to the public water main system are required.

H43. The applicant shall prepare a project specific drainage study meeting the criteria specified in the current Onsite Design Manual for review and approval by the DOU. This project site has two drainage shed. A portion of this site drains to the City and the other portion drains to the County.

Connections to the existing drainage system shall be consistent with the existing drainage shed areas or otherwise approved by the DOU.

Modification to the drainage shed may require coordination between the County and City. The required detention volume can be partially or fully mitigated by implementing Low Impact Development (LID) features such as Stormwater planters and porous pavement, provided these features conform to the DOU’s Hydromodification Management Plan (HMP) requirements. Designer shall utilize the latest edition of the Sacramento Area Hydrology Model (SAHM) when using LID features. The applicant is advised to contact the City of Sacramento Utilities Department Development Review Section (916-808-7890) at the early planning stages to address any drainage related requirements. Failure to submit the drainage study may delay review and approval. (Note: A maintenance agreement may be required for detention and Low Impact Development (LID) features.)
H44. The onsite water and storm drain systems shall be private systems maintained by the owner or other approved entity.

H45. Private drainage taps cannot tap into public drain inlets.

H46. Finished floor elevations shall be a minimum of 6-inches above the 100- year HGL or 1-foot above the overland flow release elevation, whichever is higher or as approved by the DOU.

H47. Per City Code, the applicant may not develop the project in any way that obstructs, impedes, or interferes with the natural flow of existing off-site drainage that crosses the property. The project shall construct the required public and/or private infrastructure to handle off-site runoff to the satisfaction of the DOU. If private infrastructure is constructed to handle off-site runoff, the applicant shall dedicate the required private easements, and/or, at the discretion of the DOU, the applicant shall enter into and record an Agreement for Maintenance of Drainage with the City, in a form acceptable to the City Attorney.

H48. No more than 6,000 square feet is allowed to sheet drain over a public sidewalk. If the area is larger than 6,000 square feet, then an on-site surface drainage system is required and shall be connected to the street drainage system by means of a storm drain service tap. All on-site systems shall be designed to the standard specified in the DOU onsite manual.

H49. A grading plan showing existing and proposed elevations is required.

Adjacent off-site topography shall also be shown to the extent necessary to determine impacts to existing surface drainage paths. No grading shall occur until the grading plan has been reviewed and approved by the DOU.

H50. This project will disturb more than one acre of land; therefore, the project is required to comply with the State’s “Construction General Permit”. To comply with the State Permit, the applicant must file a Notice of Intent (NOI) through the State’s Storm Water Multiple Application and Report Tracking System (SMARTS). A valid WDID number must be obtained and provided to the DOU prior to the issuance of any grading permits.

H51. The applicant must comply with the City of Sacramento's Grading, Erosion and Sediment Control Ordinance. This ordinance requires the applicant to show erosion and sediment control methods on the construction drawings.

These plans shall also show the methods to control urban runoff pollution from the project site during construction.

H52. Post construction (permanent), stormwater quality control measures shall be incorporated into the development to minimize the increase of urban runoff pollution caused by development of the area. The project is an area not served by an existing regional water quality control facility and/or the project has more than one-acre of new or modified impervious area, therefore, Low Impact Development (LID), Hydromodification Management Plan (HMP), certified full capture trash control devices and on-site treatment control measures will be required. The on-site storm water treatment control measures required may affect site design and site configuration and should be considered during early planning stages.

H53. A separate maintenance agreement may be required for both on-site treatment control measures and full capture control devices. Contact DOU for a list of accepted proprietary devices considered for treatment control and full capture trash control. Construction drawings must include all proposed source controls and on-site water quality measures selected for the site. Refer to the latest edition of the “Stormwater Quality Design Manual for the Sacramento Region” for appropriate measures.

POLICE
H54. Exterior lighting shall be white light using LED lamps with full cutoff fixtures to limit glare and light trespass. Color temperature shall be between 2700K and 4100K with a color rendering index of 80 or higher and a light loss factor of .95 or better. When choosing lamps, the applicant shall look for efficiency of 110 lumens per watt or better. All existing exterior fixtures shall be replaced with fixtures that meet this requirement.

H55. Light poles shall be no higher than 25’.

H56. Broken or damaged exterior lighting shall be repaired or replaced within 48 hours of being noted.

H57. Entry drives, drive aisles, parking and bicycle parking shall be illuminated to a maintained minimum of 1.5 foot candles per square foot of parking area at a 6:1 average to minimum ratio.

H58. Exterior walkways, alcoves and passageways shall be illuminated to a maintained minimum of 1/3 foot candles per square foot of surface area at a 6:1 average to minimum ratio.

H59. Exterior lighting distribution and fixtures shall be approved by the Sacramento Police Department CPTED Sergeant (or designee) prior to issuance of a building permit.

H60. Exterior lighting shall be designed in coordination with the landscaping plan to minimize interference between the light standards and required illumination and the landscape trees and required shading.

H61. Exterior lighting shall be shielded or otherwise designed to avoid spill-over illumination to adjacent streets and properties.

H62. All mature landscaping shall follow the two-foot, six-foot rule. All landscaping shall be ground cover, two feet or less and lower tree canopies of mature trees shall be above six feet. This increases natural surveillance, eliminates hiding areas within the landscape, and provides for tenants and users a safer environment.

H63. Tree canopies shall not interfere with or block lighting. This creates shadows and areas of concealment. The landscaping plan shall allow for proper illumination and visibility regarding lighting and surveillance cameras through the maturity of trees and shrubs.

H64. Fencing, if applicable, shall be of decorative tubular steel, no climb type and a minimum of 6’ in height.

H65. Height markers are required on the interior doorway.

H66. Cash registers shall be oriented in such a manner that employees are facing towards the main entrance and fueling area during sales.

H67. Business shall be equipped with and maintain a security system with:

An alarm system with a valid UL Certificate in accordance with ANSI/UL Standard 681-2014 (Standard for Installation and Classification of Burglar and Holdup Alarm), Extent Number 4

Holdup alarm system shall be employed near the:
 all points of sale
 safe(s)

H68. A Video Assessment and Surveillance System (VASS) shall be installed at the site and maintained by a property management company, security company, or designee.

H69. Manager with access to VASS storage shall be able to respond to any activation within two hours.

H70. Cameras shall be day/night capable with a resolution of no less than two (2) megapixels and a minimum frame rate of 15 frames per second.

H71. Each driveway entrance and exit and each building entrance and exit shall be covered by a camera set at 100 pixels per foot or higher to capture license plates and faces.

H72. VASS shall be capable of exporting footage to common media in a standard viewing format and shall not require proprietary software for third party viewing.

H73. VASS shall be capable of storing no less than 60 days’ worth of activity.

H74. VASS shall provide comprehensive coverage of:
a. manager’s office
b. areas of ingress and egress (doors, driveways)
c. alcohol placement areas
d. coverage of all four (4) exterior sides of the property e. parking lot
f. fueling area
g. adjacent public rights of way
h. trash enclosure(s)
i. areas not clearly visible from public streets
j. car-wash drive thru to capture faces and license plates k. main entrance to capture faces upon entry
H75. No more than 10 percent of the square footage of windows and clear doors for retail purposes shall be blocked by advertising, signs, shelves or anything else. All advertising, signs, and shelving shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance to the premises. All signs shall comply with the City Code.

H76. All dumpsters shall be kept locked or in locked enclosures. Gating for dumpster enclosures shall be slatted to allow visual surveillance of the interior.

H77. Exterior trash receptacles shall be of a design to prevent unauthorized removal of articles from the trash bin.

H78. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over with matching paint within 72 hours of being applied.

H79. Property management shall be responsible for the daily removal of all litter from the site.

H80. The applicant shall enclose the entire perimeter of the project with a chain link fence with necessary construction gates to be locked after normal construction hours.

H81. The location shall be monitored by security after normal construction hours during all phases of construction.

H82. Adequate security lighting shall be provided to illuminate vulnerable equipment and materials. Lighting shall be white light with full cut off fixtures.

SMUD
H83. SMUD has existing and planned overhead 12/69kV facilities along Elder Creek Rd. that will need to remain. The Applicant shall be responsible for maintaining all CalOSHA and State of California Public Utilities Commission General Order No. 95 safety clearances during construction and upon building completion. If the required clearances cannot be maintained, the Applicant shall be responsible for the cost of relocation.

H84. SMUD has existing underground 12kV facilities Elder Creek Rd., Turner Rd., and on the project parcel that will need to remain. The Applicant shall be responsible for maintaining all CalOSHA and State of California Public Utilities Commission General Order No. 128 safety clearances during construction and upon building completion. If the required clearances cannot be maintained, the Applicant shall be responsible for the cost of relocation.

H85. Any necessary future SMUD facilities located on the Applicant’s property shall require a dedicated SMUD easement. This will be determined prior to SMUD performing work on the Applicant’s property.

H86. In the event the Applicant requires the relocation or removal of existing SMUD facilities on or adjacent to the subject property, the Applicant shall coordinate with SMUD. The Applicant shall be responsible for the cost of relocation or removal.

H87. SMUD reserves the right to use any portion of its easements on or adjacent to the subject property that it reasonably needs and shall not be responsible for any damages to the developed property within said easement that unreasonably interferes with those needs.

H88. The Applicant shall not place any building foundations within 5-feet of any SMUD trench to maintain adequate trench integrity. The Applicant shall verify specific clearance requirements for other utilities (e.g., Gas, Telephone, etc.).

H89. In the event the City requires an Irrevocable Offer of Dedication (IOD) for future roadway improvements, the Applicant shall dedicate a 12.5-foot public utility easement (PUE) for overhead and/or underground facilities and appurtenances adjacent to the City’s IOD.

H90. The Applicant shall comply with SMUD siting requirements (e.g., panel size/location, clearances from SMUD equipment, transformer location, service conductors). Information regarding SMUD siting requirements can be found at: https://www.smud.org/en/Business-Solutions-and- Rebates/Design-and-Construction-Services
H91. The Applicant shall dedicate a 20-foot public utility easement for overhead and/or underground facilities and appurtenances adjacent to all public street rights-of-ways as depicted in the project plans.

H92. The Applicant shall dedicate any private drive, ingress and egress easement, (and 10-feet adjacent thereto) as a public utility easement for (overhead and) underground facilities and appurtenances. All access roads shall meet minimum SMUD requirements for access roads.

H93. The Applicant shall dedicate and provide all-weather vehicular access for service vehicles that are up to 26,000 pounds. At a minimum: (a) the drivable surface shall be 20-feet wide; and (b) all SMUD underground equipment and appurtenances shall be within 15-feet from the drivable surface.

H94. The Applicant shall dedicate a 20-foot PUE for future 69 kV route and any necessary relocated facilities. Associated future overhead 69 kV will be installed along the north side of Elder Creek Rd.

SASD
H95. Prior to the APPROVAL OF IMPROVEMENT PLANS: To obtain sewer service, construction of SASD sewer infrastructure will be required.

Current SASD Standards and Specifications apply to any offsite or onsite public sewer construction or modification. These improvements must be shown on the plans. Field modifications to new or existing precast manhole bases are not allowed.

H96. Prior to the APPROVAL OF IMPROVEMENT PLANS: SASD requires each building on each lot with a sewage source to have a separate connection to SASD’s sewer system. If there is more than one building in any single parcel and the parcel is not proposed for split, then each building on that parcel must have a separate connection to a private onsite sewer line or a separate connection to the SASD public sewer line. These improvements must be shown on the plans.

H97. Prior to the APPROVAL OF IMPROVEMENT PLANS: The applicant is responsible for installing collector sized sewer pipeline and appurtenances across the parcel frontage on Turner Road as a condition of approval. The applicant is responsible for installing trunk sized sewer pipeline and appurtenances across the parcel frontage on Elder Creek Road as a condition of approval. These improvements on must be shown on the plans.

H98. Prior to the APPROVAL OF IMPROVEMENT PLANS: Each owner is responsible for installing collector sized sewer pipeline and appurtenances across the parcel frontage as a condition of approval. These improvements on Turner Road must be shown on the plans.

H99. Prior to the APPROVAL OF IMPROVEMENT PLANS: Alignment of all main lines and structures must provide a minimum of 1 foot vertical clearance and 5 feet horizontal clearance from all other utilities and improvements. Sewer is to be located a minimum of 10 feet (measured horizontally) from any structure or footing. Show public sanitary sewer and water supply facilities in accordance with the Health and Safety Code.

H100. Prior to the APPROVAL OF IMPROVEMENT PLANS: Alignment of all main lines and structures must provide a minimum of 1 foot vertical clearance and 5 feet horizontal clearance from all other utilities and improvements. Sewer is to be located a minimum of 10 feet (measured horizontally) from any structure or footing. Show public sanitary sewer and water supply facilities in accordance with the Health and Safety Code.

H101. Prior to the ISSUANCE OF A BUILDING PERMIT: The owner must contact Permit Services Unit at [email protected] or by phone at (916) 876-6100 to determine if Regional San sewer impact fees are due. Fees are to be paid prior to the issuance of building permits.

REGIONAL SAN
H102. Developing this property will require the payment of Regional San sewer impact fees (connection fees). Regional San sewer impact fees shall be paid prior to the issuance of building permits. For questions pertaining to Regional San sewer impact fees, please contact the Sewer Fee Quote Desk at (916) 876-6100.

H103. Regional San has the 102” Central Interceptor (Regional San operating system N21) located within the proposed project’s boundaries. Direct connections to this facility will not be allowed.

Advisories:

H104. Timing and Installation. When fire protection, including fire apparatus access roads and water supplies for fire protection, is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. CFC 501.4 (Fire)
H105. Provide a water flow test. (Make arrangements at the Permit Center walk- in counter: 300 Richards Blvd, Sacramento, CA 95814). CFC 507.4 (Fire) H106. Provide appropriate Knox access for site. CFC Section 506 (Fire) H107. An approved fire control room shall be provided for all buildings protected by an automatic fire extinguishing system. The room shall contain all system control valves, fire alarm control panels and other fire equipment required by the Fire Code Official. Fire Control rooms shall be located within the building at a location approved by the Fire Code Official, and shall be provided with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room. Fire Control rooms shall not be less than 50 square feet for rooms without a fire pump and 200 square feet when a fire pump is present. CFC Amendments 901.4.7 (Fire) H108. The proposed development is located within Sacramento Area Sewer District (SASD). Satisfy all SASD requirements. (Utilities) H109. Water meters shall be located at the point of service, which is back of curb for separated sidewalks or back of walk for connected sidewalks. (Utilities) H110. The proposed project is located in a Zone X on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs).

Accordingly, the project site lies in an area with no requirements to elevate or flood proof. (Utilities)
H111. City of Sacramento permits must be obtained for private patrol, alarms, and camera systems. (Police)
H112. As per City Code, the applicant will be responsible to meet his/her obligations regarding:
a. Title 18, 18.56 Park Development Impact Fee, due at the time of issuance of building permit. The Park Development Impact Fee for this project is estimated at $2,325. The Park Development Impact Fee due for this project is based on the Remainder City Zone Rate of $0.47 per square foot for commercial services projects. Any change in these factors will change the amount of the PIF due. The fee is calculated using factors at the time that the project is submitted for building permit. (Parks)
H113. The Sacramento Area Sewer District (SASD) is responsible for providing local sewer service to the proposed project site via their local sanitary sewer collection system. Regional San is responsible for the conveyance of wastewater from the SASD collection system to the Sacramento Regional Wastewater Treatment Plant (SRWTP). SASD will respond via separate correspondence. (Regional San)
H114. Effective January 1, 2020, California Building Energy Efficiency Standards Title 24 (“CalGreen” Building Code) standards require that, for newly- constructed non-residential development with 10 to 25 parking spaces, one of the parking spaces are “EV Capable,” with installed conduit and panel capacity for an electric vehicle charging station. (SMAQMD) H115. Gasoline dispensing facilities (GDFs) are required to obtain an Authority to Construct and Permit to Operate from the Sac Metro Air District. The installation of a California Air Resources Board certified vapor recovery system is also required. The Sac Metro Air District will conduct a health risk assessment for the GDF which may limit the gasoline throughput to meet allowable health risk levels. For GDF application instructions and forms visit: http://www.airquality.org/businesses/permits-registration- programs/permit-applications-recordkeeping-advisories/gasoline- dipsensing-facility. If you have any questions on GDFs, contact Steve Mosunic at 916-874-4874 or [email protected]. (SMAQMD) H116. All projects are subject to Sac Metro Air District rules in effect at the time of construction and any construction project, regardless of the size, is required to implement the Sac Metro Air District’s Basic Construction Emission Control Practices. The Basic Construction Emission Control Practices and the Rules & Regulations Statement are attached for your reference. A complete listing of current rules is available at www.airquality.org or by calling 916-874-4800. (SMAQMD) H117. ONGOING: SASD Design Standards and Specifications require minimum 6-inch lower laterals for commercial and industrial buildings. (SASD) H118. ONGOING: Construction of a grease trap or a sand oil separator may be required. The applicant must verify with the applicable jurisdiction’s building department. (SASD)
H119. ONGOING: If the proposed garbage enclosure will contain a drain to the sewer, it must be covered. (SASD)

EXHIBITS:

Exhibit A: Project Plans

$//2:$%/(2&&83$17/2$'
$5($
$5($

64)7

7$%/(2)
$33/,&$%/(&2'(

%$&.5220
 
 0(5&+$1',6( 

6$/(  
),5(5,6(5  
5(675220 
(/(&75,&$/5220
 

/2$'
)$&725


*5266






2&&83$176
2)),&(

727$/ 
*5266
*5266
*5266
*5266
352-(&77($0
(/(9(1
1(&6:$77$9( (/'(5&5((.5'
6$&5$0(172&$


6+((7,1'(;
7
7,7/(6+((7
6,7(

DUFKLWHFWXUDO
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
3ODQQLQJ 
3ODQQLQJ 
&2'('$7$
'()(55('68%0,77$/6
352-(&7'$7$
6855281',1*%86,1(660$3
7
$'9,625<127(
&21',7,212)
$33529$/

DUFKLWHFWXUDO
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
3ODQQLQJ 
3ODQQLQJ 

¶
¶
¶
´
¶
¶
¶ ³ ´
¶
³
´
³
´
&219(1,(1&(6725(
64)7
127,16&23(
(/'(5&5((.52$'
6:$77$9(

DLU YDF
&$5:$6+
6)
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
6723
63
6,7(3/$1
6287+:$77$9(18(
 29(5$//6,7(3/$1

DUFKLWHFWXUDO
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
3ODQQLQJ 
3ODQQLQJ 
.(<127(6
x
x
x
x
x
x
x
7851(552$'
(/'(5&5((.52$'

DLU YDF
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
6723

DLU YDF
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
6723

DLU YDF
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
6723
&29(56+((7
&
-2%12

'5$:1%<

'$7(

6+((712

6+((77,7/(

352-(&77,7/(

$33529$/6

352)(66,21$/67$03

.(<3/$1

,7(0

&+(&.('%<

6&$/(

5(9,6,21,668(
'$7(

6$&5$0(172&$
$VLQGLFDWHG$35,/
67$))
$

=6
6$&5$0(172&$
1(&6:$77$9(

(/'(5&5((.5'
:RRGODZQ$YH
7XVWLQ&$

SKRQH

/(*(1'
6+((7,1'(;
&,9,/ '(6&5,37,21
& &29(56+((7
& 7232*5$3+,&6859(<
& '(7$,/6
& '(7$,/6
& 6,7(3/$16,*1,1* 675,3,1*
& 35(/,0,1$5<*5$',1* '5$,1$*(3/$1
& 35(/,0,1$5<87,/,7<3/$1
& %8,/',1*9,(:6(&7,216
& (526,21&21752/3/$1
/$1'6&$3(
/ /$1'6&$3(3/$17,1*3/$1
/ 3$5.,1*/2775((6+$',1*3/$1
/ 75((5(029$/3/$1
/ /$1'6&$3(+<'52=21(3/$1
/ /$1'6&$3(,55,*$7,213/$1
/ 75((5(029$/3/$1
/ 75((5(029$/3/$1
/ /$1'6&$3(63(&,),&$7,216
&,9,/(1*,1((5
%(1&+0$5.

%$6,62)%($5,1*6

127,&(72&2175$&7256
6,7(0$3
9,&,1,7<0$3
6,7(
7851(552$'
(/'(5&5((.52$'
6:$77$9(
7851(552$'
6:$77$9(
(/'(5&5((.52$'
&
-2%12

'5$:1%<

'$7(

6+((712

6+((77,7/(

352-(&77,7/(

$33529$/6

352)(66,21$/67$03

.(<3/$1

,7(0

&+(&.('%<

6&$/(

5(9,6,21,668(
'$7(

6$&5$0(172&$
$VLQGLFDWHG$35,/
67$))
$

=6
6$&5$0(172&$
1(&6:$77$9(

(/'(5&5((.5'
:RRGODZQ$YH
7XVWLQ&$

SKRQH

127(6
/(*(1'
&
-2%12

'5$:1%<

'$7(

6+((712

6+((77,7/(

352-(&77,7/(

$33529$/6

352)(66,21$/67$03

.(<3/$1

,7(0

&+(&.('%<

6&$/(

5(9,6,21,668(
'$7(

6$&5$0(172&$
$VLQGLFDWHG$35,/
67$))
$

=6
6$&5$0(172&$
1(&6:$77$9(

(/'(5&5((.5'
:RRGODZQ$YH
7XVWLQ&$

SKRQH


&
-2%12

'5$:1%<

'$7(

6+((712

6+((77,7/(

352-(&77,7/(

$33529$/6

352)(66,21$/67$03

.(<3/$1

,7(0

&+(&.('%<

6&$/(

5(9,6,21,668(
'$7(

6$&5$0(172&$
$VLQGLFDWHG$35,/
67$))
$

=6
6$&5$0(172&$
1(&6:$77$9(

(/'(5&5((.5'
:RRGODZQ$YH
7XVWLQ&$

SKRQH


DLU YDF
&$5:$6+
6)
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
&219(1,(1&(6725(
64)7
6723

DLU YDF
&$5:$6+
6)
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
&219(1,(1&(6725(
64)7
6723

DLU YDF
&$5:$6+
6)
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
&219(1,(1&(6725(
64)7
6723
&
-2%12

'5$:1%<

'$7(

6+((712

6+((77,7/(

352-(&77,7/(

$33529$/6

352)(66,21$/67$03

.(<3/$1

,7(0

&+(&.('%<

6&$/(

5(9,6,21,668(
'$7(

6$&5$0(172&$
$VLQGLFDWHG$35,/
67$))
$

=6
6$&5$0(172&$
1(&6:$77$9(

(/'(5&5((.5'
:RRGODZQ$YH
7XVWLQ&$

SKRQH

/(*(1'
6:$77$9(
(/'(5&5((.52$'
7851(552$'
:$<),1',1*$552:'(7$,/

DLU YDF
&$5:$6+
6)
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
&219(1,(1&(6725(
64)7
6723
))

(/'(5&5((.52$'
6:$77$9(
7851(552$'
&
-2%12

'5$:1%<

'$7(

6+((712

6+((77,7/(

352-(&77,7/(

$33529$/6

352)(66,21$/67$03

.(<3/$1

,7(0

&+(&.('%<

6&$/(

5(9,6,21,668(
'$7(

6$&5$0(172&$
$VLQGLFDWHG$35,/
67$))
$

=6
6$&5$0(172&$
1(&6:$77$9(

(/'(5&5((.5'
:RRGODZQ$YH
7XVWLQ&$

SKRQH

/(*(1'
127(

DLU YDF
&$5:$6+
6)
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
&219(1,(1&(6725(
64)7
6723
(/'(5&5((.52$'
6:$77$9(
&219(1,(1&(6725(
&$5:$6+
6)

)) 

/(*(1'
&
-2%12

'5$:1%<

'$7(

6+((712

6+((77,7/(

352-(&77,7/(

$33529$/6

352)(66,21$/67$03

.(<3/$1

,7(0

&+(&.('%<

6&$/(

5(9,6,21,668(
'$7(

6$&5$0(172&$
$VLQGLFDWHG$35,/
67$))
$

=6
6$&5$0(172&$
1(&6:$77$9(

(/'(5&5((.5'
:RRGODZQ$YH
7XVWLQ&$

SKRQH

.(<127(6

DLU YDF
&$5:$6+
6)
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
&219(1,(1&(6725(
64)7
6723 352),/(
 
+25,=
 
9(57
352),/(
 
+25,=
 
9(57
352),/(
 
+25,=
 
9(57
352),/(
 
+25,=
 
9(57
-2%12

'5$:1%<

'$7(

6+((712

6+((77,7/(

352-(&77,7/(

$33529$/6

352)(66,21$/67$03

.(<3/$1

,7(0

&+(&.('%<

6&$/(

5(9,6,21,668(
'$7(

6$&5$0(172&$
$VLQGLFDWHG$35,/
67$))
$

=6
6$&5$0(172&$
1(&6:$77$9(

(/'(5&5((.5'
:RRGODZQ$YH
7XVWLQ&$

SKRQH

$
%
&
'(
&

DLU YDF
&$5:$6+
6)
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
&219(1,(1&(6725(
64)7
6723

DLU YDF
&$5:$6+
6)
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
&219(1,(1&(6725(
64)7
6723

DLU YDF
&$5:$6+
6)
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
&219(1,(1&(6725(
64)7
6723
&
-2%12

'5$:1%<

'$7(

6+((712

6+((77,7/(

352-(&77,7/(

$33529$/6

352)(66,21$/67$03

.(<3/$1

,7(0

&+(&.('%<

6&$/(

5(9,6,21,668(
'$7(

6$&5$0(172&$
$VLQGLFDWHG$35,/
67$))
$

=6
6$&5$0(172&$
1(&6:$77$9(

(/'(5&5((.5'
:RRGODZQ$YH
7XVWLQ&$

SKRQH

6:$77$9(
(/'(5&5((.52$'
7851(552$'
/(*(1'

&219(1,(1&(6725(
64)7

)
&/($1$,5
9$1322/(9
&
63
(1/$5*(6,7(3/$1
#6725(
 (1/$5*(6,7(3/$1#6725(

DUFKLWHFWXUDO
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
3ODQQLQJ 
3ODQQLQJ 
.(<127(6

DLU YDF
&$5:$6+
6)
326
7,0(5
&

)
&/($1$,5
9$1322/(9
&
6723
63
(1/$5*(6,7(3/$1
#&$5:$6+
 (1/$5*(6,7(3/$1#&$5:$6+

DUFKLWHFWXUDO
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
3ODQQLQJ 
3ODQQLQJ 
.(<127(6

PARKING
NO

VANPOOL/EV

CLEAN AIR/

)
&/($1$,5
9$1322/(9
63
6,7('(7$,/6

DUFKLWHFWXUDO
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
3ODQQLQJ 
3ODQQLQJ 

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 63
(1/$5*(6,7(3/$1
#&$5:$6+

DUFKLWHFWXUDO
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
3ODQQLQJ 
3ODQQLQJ 
2&&83$1&<&$/&8/$7,21
0(5&+$1',6( 6)   3(23/(
.,7&+(16$/(6 6)   3(23/(
6725$*(%$&.5220
6)   3(23/(
2)),&( 6)   3(5621
5(675220 6)  1$ 3(23/(
),5(5,6(5  6)  1$ 3(23/(
6)
727$/ 3(23/(
/$<287,1)250$7,21
52//(5*5,//6
6$1':,&+&$6(
9$8/7'2256
/2:7(03'2256
,&(0(5&+'2256
129(/7<&$6(
%$.(5<&$6(
6/853((%$55(/6
727$/
727$/64)7
6$/(6)/225$5($
2&&83$1&</2$'
!

 
75$9(/',67$1&(

 
5(67522065(48,5('
(;,765(48,5('
29(5+($'6+(/9(6
)/2256+(/9(6
&200213$7+2)75$9(/

 
*$6
<(6 /,4825
12
%((5
<(6 :,1(
<(6
*21'2/$81,76
+

(1'&$36
+

+,*+:$//6
+

32:(5:,1*6
/2::$//6
+

:$//7<3(/(*(1'
(;7(5,25:$//
,17(5,25:$//
3$57,$/+(,*+7:$//
&22/(5:$//

&$1'<5$&. 
&$1'<5$&.
&$1'<5$&.
&,*
6 &,*
6 ,73 273
%81'5$:(5:$67(
/2772
67$1'
63$&(87,/,=(')255(7$,/
5($'<3$&.$*,1*
)8785(
6&$1 3$<
67$7,21
(/(&75,&$/
1(('('
)(0&+,36
)/225
63,11(5

681*/$66(6
*/29(6
80%5(//$6

DUFKLWHFWXUDO
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
3ODQQLQJ 
3ODQQLQJ 
 )/2253/$1
$
)/2253/$1

&$1'<5$&. 
&$1'<5$&.
&$1'<5$&.
&,*
6 &,*
6 ,73 273
%81'5$:(5:$67(
/2772
67$1'
63$&(87,/,=(')255(7$,/
5($'<3$&.$*,1*
)8785(
6&$1 3$<
67$7,21
(/(&75,&$/
1(('('
)(0&+,36
)/225
63,11(5

681*/$66(6
*/29(6
80%5(//$6

DUFKLWHFWXUDO
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
3ODQQLQJ 
3ODQQLQJ 
 )/2253/$1 $
)/2253/$1
$
(;7(5,25
(/(9$7,216
 6287+(/(9$7,21

DUFKLWHFWXUDO
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
3ODQQLQJ 
3ODQQLQJ 
 1257+(/(9$7,21
$
(;7(5,25
(/(9$7,216
 ($67(/(9$7,21

DUFKLWHFWXUDO
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
3ODQQLQJ 
3ODQQLQJ 
 :(67(/(9$7,21
(QWUDQFH
([LW
$
(;7(5,25
(/(9$7,216

DUFKLWHFWXUDO
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
3ODQQLQJ 
3ODQQLQJ 
 *$6&$123<1257+(/(9$7,21
 *$6&$123<6287+(/(9$7,21
 *$6&$123<($67(/(9$7,21
 *$6&$123<:(67(/(9$7,21
 &$5:$6+1257+(/(9$7,21
 &$5:$6+6287+(/(9$7,21
 &$5:$6+($67(/(9$7,21
 &$5:$6+:(67(/(9$7,21
&/
&21&(378$/
9,(:6

DUFKLWHFWXUDO

NLWFKHQ
VKHHWLQIR
VHDO
DXWKRU
SURMHFWLQIR
GHVLJQHGE\

FKHFNHGE\

LVVXHGDWHV

VXEPLVVLRQ

SHUPLW

ELG

UHYLVLRQV

RZQHU
:RRGODZQ$YH
7XVWLQ&$

SKRQH

1(&6:$77$9(
(/'(5&5((.5'
6$&5$0(172&$


(/(9(1
6$&5$0(172&$


;;;;;;
;;;;;;
3+
'7
;;
;;
3ODQQLQJ 
3ODQQLQJ 

RESOLUTION NO.

Adopted by the Sacramento City Council

APPROVING THE TAX EXCHANGE AGREEMENT
FOR THE ELDER CREEK 7-ELEVEN ANNEXATION
(P20-036)

BACKGROUND

A. The City and Landowners have proposed to annex a 3.42-acre, unincorporated area (“Elder Creek 7-Eleven Annexation”) to the City.

B. The annexation by the City of the Elder Creek 7-Eleven Annexation Area must be approved by the Sacramento Local Agency Formation Commission. Before the Commission may act on the proposed annexation, the City and County of Sacramento must adopt a tax exchange agreement.

C. The County and City have negotiated a tax exchange agreement specifying how property tax, sales tax and a portion of the transient occupancy tax revenues will be allocated if the annexation is approved. This tax-exchange agreement was negotiated with respect only to the subject territory.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. The City Council hereby approves the Tax Exchange Agreement between the City of Sacramento and the County of Sacramento, attached to this Resolution as Exhibit A. The City Council also authorizes the City Manager to execute the Agreement and take whatever steps necessary to carry out the purpose of the Agreement.

Section 2. Exhibit A, and its exhibits, A.1 and A.2, are part of this Resolution.

Table of Contents:

Exhibit A –Tax-Exchange Agreement Between the County of Sacramento and the City of Sacramento, Relating to the Elder Creek 7-Eleven Annexation Exhibit A.1 – Legal Description of Elder Creek 7-Eleven Annexation Area Exhibit A.2 – Map of Annexation Area

Adopted by the City of Sacramento City Council on May 23, 2023 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Attest:

Mindy Cuppy, City Clerk

DRAFT

TAX REVENUE EXCHANGE AGREEMENT

BETWEEN THE COUNTY OF SACRAMENTO AND THE CITY OF SACRAMENTO, RELATING TO THE ELDER CREEK 7-ELEVEN ANNEXATION
APN 062-0060-033-0000

This PROPERTY TAX REVENUE EXCHANGE AGREEMENT (“Agreement”) is made and e xecuted in duplicate on ____________, 2023 by and between the COUNTY OF SACRAMENTO, a political subdivision of the State of California (“COUNTY”), and the CITY OF SACRAMENTO, a municipal corporat ion (“CITY”). COUNTY and CITY may be referred to individually as “Party” and collectively as “Parties.”

RECITALS

a) On June 6, 1978, Article XIIIA (commonly called Proposition 13) was added to the California Constitution. Article XIIIA, Section 1 limited the total amount of property taxes which could be le vied on property, by local taxing agencies having such property within their territorial jurisdiction, to one percent (1%) of the property’s full cash value.

b) Subsequently, the Cal ifornia Legislature added Section 99 to the California Revenue and Taxation Code. Section 99(b)(4) requires a city seeking to annex property to its incorporated territory, and a county affected by such annexation, to agree upon an exchange of property taxes derived from such property to be annexed . This Agreement reflects such exchange of Property Tax Revenue (as defined below) between COUNTY and CITY.

c) On October 28, 2020, CITY received a request from the owner of APN 062 - 0060-033-0000 asking CITY to seek annexation of the “Annexation Area” (defined below), which is approximately 3.4 2 acres of unimproved real property and roadway at the intersection of Watt Avenue and Elder Creek Road, into the CITY limits. The property owner intends to build a 7-Eleven convenience store, gas station, and car wash on the Annexation Area.

d) The Annexation Area is currently located within an unincorporated portion of the COUNTY and within the CITY’s existing Sphere of Influence. CITY intends to file an application with the Sacramento Local Agency Formation Commission (“LAFCO”) requesting LAFCO’s approval for the CITY’s annexation of the Annexation Area into the CITY’s limits. CITY will provide its services to the Annexation Area following annexation.

e) COUNTY and CITY wish to work together to develop a fair and equitable approach to the sharing of Property Tax Revenue collected to encourage sound urban development and economic growth.

f) Close cooperation between COUNTY and CITY is necessary to deliver needed or desirable se rvices in a timel y and cost -efficient manner to residents and businesses in the CIT Y and COUNTY. COUNTY recognizes the need for orderly growth within and adjacent to the CITY, and for supporting appropriate annexations by CITY.

g) After negotiations, COUNTY and CITY have reached an understanding as to a rate of e xchange of Property Tax Revenue to be made , pursuant to Section 99 of the California Revenue and Taxation Code, in connection with the annexation of the

Annexation Area to the CITY.

h) In addition to the exchange of Property Tax Revenue, COUNTY and CITY also desire to set out the parameters for the exchange of Sales Tax Revenue (as defined below) and Transient Occupancy Tax Revenue (as defined below) collected within the Annexation Area.

i) The provisions of Article XIII, Section 29(b) of the California Constitution authorize a city and county to enter into an agreement to apportion between them the revenue derived from any sales or use tax imposed by them pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law, provided that the ordinance or resolution approving the agreement is approved by a two -thirds (2/3) vote of both the City Council and the County Board of Supervisors. Revenue imposed pursuant to the Bradley -Burns Uniform Local Sale and Use Tax Law is collected by the State of California and then dispersed to the appropriate local agency.

j) COUNTY and CITY desire to execute this Agreement t o address the exchange of Property Tax Revenue, Sales Tax Revenue, and Transient Occupancy Tax Revenue collected for the Annexation Area, as specified below. This Agreement constitutes an enforceable propert y tax exchange agreement under Section 99 of the California Revenue and Taxation Code.

k) Pursuant to California Revenue and Taxation Code section 99(b)(5), if an annexation will affect the service area or service responsibility of a special district, the COUNTY shall negotiate any exchange of property tax revenue on behalf of the special districts.

l) The Annexation Area is currently located within the service boundaries of the Sacramento Metropolitan Fire Protection District (“Fire District”), the Southgate Recreation and Park District (“Park District”), the Elk Grove-Consumnes Cemetery District (“Cemetery District”), and the Sacramento County Water Agency (“Water Agency”). The Property Tax Revenue collected for the Annexation Area is thus currently allocated to the COUNTY General Fund, COUNTY Library Fund, COUNTY Road Fund, Fire District, Park District , Cemetery District, and Water Agency . COUNTY has negotiated on behalf of the special districts regarding their allocations of Property Tax Revenue following Annexation.

In consideration of the exchange of tax revenue, as provided for in this Agreement, and for other good and valuable consideration, the sufficiency of which is acknowledged by the Parties, the COUNTY and CITY agree as follows:

TERMS

Section 1. Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth below:

(a) “Annexation Area” means the ±3.42 acres of unimproved real property in the unincorporated area of the COUNTY, at the intersection of Elder Creek Road and South Watt Avenue, referred to as APN 062 -0060-033-0000, as depicted on Exhibit “A.1” (annexation area map), described in Exhibit “A.2” (annexation area legal description) attached to this Agreement.

(b) “Annexation Date” means the date specified by LAFCO, consistent with the

Cortese-Knox-Hertzberg Local Governmental Reorganization Act of 2000 (California Government Code § 56000 et seq.), as the effective date of the Annexation.

(c) “Annexation” means the approved and completed annexation of the Annexation Area by the CITY, as delineated in LAFCO Application Control Number “(xx- xx)”, in accordance with the Cortese-Knox-Hertzberg Local Governmental Reorganization Act of 2000 (California Government Code § 56000 et seq.).

(d) “Auto Dealer” means a retailer who sells new or used cars or trucks who is also a “dealer” as defined by Vehicle Code Section 285. For purposes of this definition, “cars” include vans that are sold primarily as passenger vehicles, and “trucks” include pickup trucks and cargo vans with a cargo capacity of one ton or less.

(e) “Big Box Retail Establishment” means a store of greater than 75,000 square feet of building area that will generate sales, transaction or use tax revenue.

(f) “Property Tax Revenue” means revenue from “ad valorem real property taxes on real propert y,” as that term i s used in Se ction 1 of Article XIIIA of the California Constitution and more particularly defined in Section 95(c) of the California Revenue and Taxation Code, that is collected from the Annexation Area, that is available for allocation to CITY and COUNTY, and is currently allocated to the COUNT Y General Fund, COUNTY Library Fund, COUNTY Road Fund , Cemetery District, Water Agency, Fire District, and Park District.

(g) “Sales Tax Revenue” means revenue from the sales, transaction, and use taxes received by the CITY pursuant to the Bradle y-Burns Uniform Local Sales and Use Tax Law, or any successor statutory provision, that is collected by the State of California from activities within the Annexation Area.

(h) “Single-Purpose or Regional Tax-Generating Land Use” means:

(i) hotels, motels, Auto Dealers, and Big Box Retail Establishments;

(ii) more than 30 contiguous acres of commercially zoned land configured as a retail mall, including commercially zoned parcels that are adjacent or separated only by public rights-of-way of less than 120 feet in width; and

(iii) the re zone of an y property that changes the configurat ion of land within the Annexation Area to constitute a retail mall (as described in subsection ii above).

(i) “Transient Occupancy Tax Revenue” means the CITY general fund share of revenue from any transient occupancy tax levied and received by the CITY pursuant to Revenue and Taxation Code Section 7280 and the Sacramento City Code, or any successor statutory provision, that is collected within the Annexation Area.

Section 2. Exchange of Property Tax Revenue.

(a) Allocation to COUNTY, CITY, and Water Agency. On and after the Annexation Date, Property Tax Revenue applicable to the Annexation Area will be allocated to the respective COUNTY General Fund, CITY General Fund, and Water Agency as follows:

*ERAF means the Educational Revenue Augmentation Fund controlled by the State of California.

(b) Exchange by County Auditor. All exchanges of Property Tax Revenue required by this Agreement to be made to COUNTY, CITY, and Water Agency shall be made by the COUNTY Auditor on an annual basis.

(c) Fire District. Thirty (30) days after the Annexation Date, the Fire District will receive $24,497.35 from CITY, which represents the yearly payment of its annexation shares ($4,899.47) for a period of 5 years. No further revenue will be distributed to the Fire District after such $24,497.35 payment is made. CITY will be responsible to distribute the funds specified in this paragraph directly to the Fire District.

(d) Park District. Thirty (30) days after the Annexation Date, the Park District will receive $4,555.50 from CITY, which represents the yearly payment of its annexation shares ($891.10), Landscaping and Lighting Assessment District annual revenue of $20 ($100.00) for a period of 5 years. No further revenue will be distributed to the Park District after such $4,555.50 payment is made. The City will be responsible to distribute the funds specified in this paragraph directly to the Park District.

Section 3. Exchange of Sales Tax Revenue and Trans ient Oc cupancy Tax Revenue. On or after the Annexation Date, CITY shall receive all Sales Tax Revenue and Transient Occupancy Tax Revenue for the Annexation Area. CITY will distribute to COUNTY a share of CITY’s Sales Tax Revenue and Transient Occupancy Tax Revenue for Single Purpose or Regional Tax-Generating Land Uses as follows:

(a) In the event that the CITY allows a Single Purpose or Regional Tax-Generating Land Use, as defined in Sect ion 1( h) of this Agreement, to conduct business in the Annexation Area, then the COUNTY and CITY shall share equally in the Sales Tax Revenue and Transient Occupancy Tax Revenue generated by such Single Purpose or Regional Tax Generating Land Use within the Annexation Area.

(b) If a change in land use or zoning causes a land use to become a Single-Purpose or Regional Tax -Generating Land Use within the meaning of Section 1( h) and thereby requires the sharing of Sales Tax Revenue or Transient Occupancy Tax Revenue once the land is being used as a Single-Purpose or Regional Tax-Generating Land Use pursuant to Section 3(a), and a later change in land use or zoning would no longer meet the requirements for tax -sharing under Section 3(a), then the sharing of such taxes under

Section 3(a) shall cease. For example, if an Auto Dealer goes out of business and is replaced by other retail stores that do not constitute a different type of Single -Purpose or Regional Tax-Generating Land Use, revenues from those other retail stores would not be subject to tax sharing under this Section 3.

(c) If subsequent to the Annexation Date, the CITY rezones any property within the Annexation Area to any retail land use, The COUNTY and the CITY shall share Sales Tax and Transient Occupancy Tax Revenue resulting from the new retail use as follows:

The COUNTY and the CITY shall share equally in the Sales Tax Revenue and Transient Occupancy Tax Revenue collected within the area of such rezone if said revenue is generated by any Single Purpose or Regional Tax Generating Land Use.

(d) CITY shall remit to COUNTY the COUNTY’s share of the Sales Tax Revenue and Transient Occupancy Tax Revenue as set forth in this Section 3 within thirty (30) calendar days of receipt by CITY of the Sales Tax Revenue and Transient Occupancy Tax Revenue owed to COUNTY. In addition to any remedies COUNTY may have at law or in equity in the event of CITY's default on its obligation to remit such revenue as required by this Agreement, COUNTY may withhold from property tax payments otherwise due to the CITY an amount equal to the amount of Sales and Transient Occupancy Tax Revenue which CITY has failed to pay COUNTY in a timely manner, provided that COUNTY may not exercise such right of offset until it has first given CITY thirty (30) days prior written notice of COUNTY’s intent to offset.

Section 4. Notice of Rezone or Subdivide Required . If any property within the Annexation Area is proposed to be rezoned or subdivided, the CITY shall prov ide written notice of such proposed rezone to the COUNTY prior to the date the proposed rezone is to be heard by the CITY Planning Commission. The CITY shall also provide the COUNTY with notice of approval of any rezone or subdivision in the Annexation Area wi thin thirty (30) days of the effective date.

Section 5. Detachment of Annexation Area from Certain Services After Annexation . The Annexation Area shall be detached from the County Services Area (CSA) 1, Water Agency, Fire District, and Park District upon the Annexation Date.

Section 6. Non-Opposition to Annexation . In further consideration of this Agreement, COUNTY agrees not to oppose CITY’s annexation of the Annexation Area.

Section 7. Dispute Resolution.
(a) Inadmissibility. Should any disputes arise as to the performance of this Agreement, COUNTY and CITY agree to the dispute resolution process as set forth below. All conduct, testimony, statements or other evidence made or presented during the meeting described in subsection (b) below shall be confidential and inadmissible in any subsequent arbitration proceedings brought to prove liability for any claimed breach or damages which are the subject of the dispute resolution process.

(b) Initiation of Process. COUNTY or CITY may initiate the dispute resolution process by submitting written notification to the other of a potential dispute concerning the performance of this Agreement. This written notification shall include all supporting documentation, shall state what is in dispute, and shall request a meeting between the County Executive and the City Manager or their respective designees. The purpose of this meeting shall be to ascertain whether a resolution of the disagreement is possible without third party intervention. This meeting shall be

scheduled to take place within thirty (30) working days of receipt of the written notification of the dispute. At the meeting, the respective representatives of the COUNTY and the CITY shall attempt to reach an equitable settlement of the disputed issue(s).

(c) Binding Arbitration. If the meeting provided for in subsection (b) of this Section fails to fully resolve the disagreement, the matter shall then be submitted by either party to the American Arbitration Association (“Arbitrator”) to appoint a single, neutral arbitrator for a decision. The arbitration shall be conducted pursuant to the procedures set forth in Chapter 3 (commencing with Section 1282) of Title 9 of the California Code of Civil Procedure. The decision of the Arbitrator shall be controlling between the CITY and the COUNTY and shall be final. Except as provided in Code of Civil Procedures Sections 1286.2 and 1286.4, neither party shall be entitled to judicial review of the Arbitrator’s decision. The party against whom the award is rendered shall pay any monetary award and/or comply with any other order of the Arbitrator within sixty (60) days of the entry of judgment on the award.

(d) Costs. The parties shall share equally in the costs and fees associated with the Arbitrator’s fees and expenses. At the conclusion of the arbitration, the prevailing party, as determined by the Arbitrator, shall be entitled to reimbursement by the other party for the Arbitrator’s fees and the Arbitrator’s expenses incurred in connection with the arbitration. The awarded arbitrator’s fees and expenses shall be remitted to the party whose petition is upheld within thirty (30) days of the Arbitrator’s decision. Each party shall bear its own costs, expenses and attorney’s fees and no party shall be awarded its costs, expenses, or attorney’s fees incurred in the dispute resolution process.

Section 8. Mutual Defense of Agreement. If the validity of this Agreement is challenged in any legal action by a party other than COUNTY or CITY, then COUNTY and CITY agree to defend jointly against the legal challenge and to share equally any award of costs, including attorney’s fees, against COUNTY, CITY, or both.

Section 9. Third Party Beneficiary . The Fire District and Park District are hereby designated as third -party beneficiar ies of this Agreement, but only for the purposes of enforcement of Section 2 of this Agreement. Otherwise, there are no third -party beneficiaries to this Agreement, and no third -party will ha ve any right to enforce any provision of this Agreement.

Section 10. Waiver of Retroacti ve Recovery. If the validity of this Agreement i s challenged in any legal action brought by either CITY, COUNTY or any third-party, CITY hereby waives any right to the retroactive recovery of any CITY Property Tax Revenue and COUNTY hereby waives any right to the retroactive recovery of any Sales Tax Revenue or Transient Occupancy Tax Revenue exchanged pursuant to this Agreement prior to the date on which such legal action is filed in a court of competent jurisdiction. The remedy available in an y such legal act ion brought as described in this paragraph shall be limited to a prospective invalidation of the Agreement.

Section 11. Modification. The provisions of this Agreement and all of the covenants and conditions set forth herein ma y be modified or amended only by a writing duly authorized and executed by both the COUNTY and CITY.

Section 12. Reformation. COUNTY and CITY understand and agree that this Agreement is based upon existing law, and that su ch law may be substantially amended in the future. In the e vent of an amendment of state la w which renders this Agreement invalid or inoperable or which denies an y Party thereto the full benefit of this Agreement

as set forth herein, in whole or in part, then COUNTY and CITY a gree to renegotiate the Agreement in good faith.

Section 13. Enforcement of Agreement. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or federal district court located in Sacramento County, California.

Section 14. Effect of Tax Exchange Agreement . This Agreement shall be applicable solely to the Annexation and does not constitute either a master tax sharing agreement or an agreement on propert y tax exchanges which may be required for an y other annexation to the CITY.

Section 15. Entire Agreement. With respect to the subject matter contained in this Agreement, this Agreement supersedes any and all previous negotiations, proposals, commitments, writings, and understandings of any nature whatsoever between COUNTY and CITY except as otherwise provided herein.

Section 16. Notices. All notices, requests, certifications or other correspondence required to be pro vided by the Parties to thi s Agreement shall be in writing and shall be personally delivered or delivered by first class mail to the respective Parties at the following addresses:

COUNTY CITY
County Executive City Manager
County of Sacramento City of Sacramento
700 H Street, Room 7650 915 I Street, 5th Floor
Sacramento, CA 95814 Sacramento, CA 95814

Notice by personal delivery shall be effective immediately upon delivery. Notice by mail shall be effective upon receipt or three days after mailing, whichever is earlier.

Section 17. Approval, Consent , and Agreement . Wherever this Agreement requires a Party’s approval, consent, or agreement, the Party shall make its decision to give or withhold such approval, consent or agreement in good faith, and shall not withhold such approval, consent or agreement unreasonably or without good cause.

Section 18. Construction of Headings. Headings of the sections of this Agreement are for convenience and reference onl y. The words in the headings in no way explain, modify, amplify, or interpret this Agreement.

Section 19. Incorporation by Reference. Exhibits A .1 and A.2, attached hereto, are incorporated into this Agreement by this reference.

Section 20. Counterparts. The Parties may execute this Agreement in counterparts, each of which will be considered an original, but all of which will constitute the same agreement. The Parties agree that this document may be executed with electronic signatures.

Section 21. Approval by Governing Bodies. The Parties acknowledge that this Agreement shall not become effective unless the ordinance or resolution approving this Agreement is approved by a two-thirds (2/3) vote of both the City Council and the County Board of Supervisors.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in the County of Sacramento, State of California, on the date set forth above.

Attachments:

Exhibit A.1 – Legal Description of Annexation Area
Exhibit A.2 – Map of Annexation Area

CITY OF SACRAMENTO, a municipal
corporation

By: ____________________________
Michael Jasso
Assistant City Manager

ATTEST: ____________________
Assistant City Clerk

Approved as to form:

____________________________
Deputy City Attorney

COUNTY OF SACRAMENTO, a political
Subdivision of the State of California

By: _______________________________
County Executive

(SEAL)

ATTEST: ________________________
Clerk of the Board of
Supervisors

Approved as to form:

__________________________
County Counsel

TAX REVENUE EXCHANGE AGREEMENT

BETWEEN THE COUNTY OF SACRAMENTO AND THE CITY OF SACRAMENTO, RELATING TO THE ELDER CREEK 7-ELEVEN ANNEXATION
APN 062-0060-033-0000

This PROPERTY TAX REVENUE EXCHANGE AGREEMENT (“Agreement”) is made and executed in duplicate on ____________, 2023 by and between the COUNTY OF SACRAMENTO, a political subdivision of the State of California (“COUNTY”), and the CITY OF SACRAMENTO , a municipal corporat ion (“CITY”). COUNTY and CITY may be referred to individually as “Party” and collectively as “Parties.”

RECITALS

a) On June 6, 1978, Article XIIIA (commonly called Proposition 13) was added to the California Constitution. Article XIIIA, Section 1 limited the total amount of property taxes which could be lev ied on property, by local taxing agencies having such property within their territorial jurisdiction, to one percent (1%) of the property’s full cash value.

b) Subsequently, the Cal ifornia Legislature added Section 99 to the California Revenue and Taxation Code. Section 99(b)(4) requires a city seeking to annex property to its incorporated territory, and a county affected by such annexation, to agree upon an exchange of property taxes derived from such property to be annexed. This Agreement reflects such exchange of P roperty Tax Revenue (as defined below) between COUNTY and CITY.

c) On October 28, 2020, CITY received a request from the owner of APN 062- 0060-033-0000 asking CITY to seek annexation of the “Annexation Area” (defined below), which is approximately 3.42 acres of unimproved real property and roadway at the intersection of Watt Avenue and Elder Creek Road, into the CITY limits. The property owner intends to build a 7-Eleven convenience store, gas station, and car wash on the Annexation Area.

d) The Annexation Area is currently located within an unincorporated portion of the COUNTY and within the CITY’s existing Sphere of Influence. CITY intends to file an application w ith the Sacramento Local Agency Formation Commission (“LAFCO”) requesting LAFCO’s approval for the C ITY’s annexation of the Annexation Area into the CITY’s limits. CITY will provide its services to the Annexation Area following annexation.

e) COUNTY and CITY wish to work together to develop a fair and equitable approach to the sharing of Property Tax Revenue collected to encourage sound urban development and economic growth.

f) Close cooperation between COUNTY and C ITY is necessary to deliver needed or desirable serv ices in a timel y and cost -efficient manner to residents and businesses in the CIT Y and COUNTY. COUNTY recognizes the need for orderly growth within and adjacent to the CITY, and for supporting appropriate annexations by CITY.

g) After negotiations, COUNTY and CITY have reached an understanding as to a rate of ex change of Property Tax Revenue to be made, pursuant to Section 99 of the

California Revenue and Taxation Code, in c onnection w ith the annexation of the Annexation Area to the CITY.

h) In addition to the exchange of Property Tax Revenue, COUNTY and CITY also desire to set out the parameters for the exchange of Sales Tax Revenue (as defined below) and Transient Occupancy T ax Revenue (as defined below) collected within the Annexation Area.

i) The provisions of Article XIII, Section 29(b) of the California Constitution authorize a city and county to enter into an agreement to apportion between them the revenue derived from any sales or use tax imposed by them pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law, provided that the ordinance or resolution approving the agreement is approved by a two- thirds (2/3) vote of both the City Council and the County Board of Supervisors. Revenue imposed pursuant to the Bradley -Burns Uniform Local Sale and Use Tax Law is collected by the State of California and then dispersed to the appropriate local agency.

j) COUNTY and CITY desire to execute this Agreement t o address the exchange of Property Tax Revenue, Sales Tax Revenue, and Transient Occupancy Tax Revenue collected for the Annexation Area, as specified below. This Agreement constitutes an enforceable propert y tax exchange agreement under Section 99 of the California Revenue and Taxation Code.

k) Pursuant to California Revenue and Taxation Code section 99(b)(5), if an annexation will affect the service area or service responsibility of a special district, the COUNTY shall negotiate any exchange of property tax revenue on behalf of the special districts.

l) The Annexation Area is currently located within the service boundaries of the Sacramento Metropolitan Fire Protection District (“Fire District”), the Southgate Recreation and Park District (“Park District”), the Elk Grove-Consumnes Cemetery District (“Cemetery District”), and the Sacramento County Water Agency (“Water Agency”). The Property Tax Revenue collected for the Annexation Area is thus currently allocated to the COUNTY General Fund, COUNTY Library Fund, COUNTY Road Fund, Fire District, Park District , Cemetery District, and Water Agency . COUNTY has negotiated on behalf of the special districts regarding their allocations of Property Tax Revenue following Annexation.

In c onsideration of the ex change of tax revenue, as provided for in this Agreement, and for other good and valuable consideration, the sufficiency of which is acknowledged by the Parties, the COUNTY and CITY agree as follows:

TERMS

Section 1. Definitions. Fo r purposes of this Agreement, the following terms shall have the meanings set forth below:

(a) “Annexation Area” means the ±3.42 acres of unimproved real property in the unincorporated area of the COUNTY, at the intersection of Elder Creek Road and South Watt Avenue, referred to as APN 062- 0060-033-0000, as depicted on Exhibit “A.1” (annexation area map) and described in Exhibit “A.2” (annexation area legal description) attached to this Agreement.

(b) “Annexation Date” means the date specified by LAFCO, consistent with the Cortese-Knox-Hertzberg Local Governmental Reorganization Act of 2000 (California Government Code § 56000 et seq.), as the effective date of the Annexation.

(c) “Annexation” means the approved and completed annexation of the Annexation Area into the CITY’s limits, as authorized by LAFCO in accordance with the Cortese-Knox-Hertzberg Local Governmental R eorganization Act of 2000 (C alifornia Government Code § 56000 et seq.).

(d) “Auto Dealer” means a retailer who sells new or used cars or trucks who is also a “dealer” as defined by Vehicle Code Section 285. For purposes of this definition, “cars” include vans that are sold primarily as passenger vehicles, and “trucks” include pickup trucks and cargo vans with a cargo capacity of one ton or less.

(e) “Big Box Retail Establishment” means a store of greater than 75,000 square feet of building area that will generate sales, transaction, or use tax revenue.

(f) “Property Tax Revenue” means revenue from “ad valorem real property taxes on real propert y,” as that term i s used in Se ction 1 of Article XIIIA of the California Constitution and more particularly defined in Section 95(c) of the California Revenue and Taxation Code, that is collected from the Annexation Area, that is available for allocation to CITY and COUNTY, and that is currently allocated to the COUNT Y General Fund, COUNTY Library Fund, COUNTY Road Fund , Cemetery District, Water Agency, Fire
District, and Park District.

(g) “Sales Tax Revenue” means revenue from the s ales, transaction, and use taxes received by the CITY pursuant to the Bradley- Burns Uniform Local Sales and Use Tax Law, or any successor statutory provision, that is collected by the State of California from activities within the Annexation Area.

(h) “Single-Purpose or Regional Tax-Generating Land Use” means:

(i) hotels, motels, Auto Dealers, and Big Box Retail Establishments;

(ii) more than 30 contiguous acres of commercially zoned land configured as a retail mall, including commercially zoned parcels that are adjacent or separated only by public rights-of-way of less than 120 feet in width; and

(iii) the re zone of any property that changes the configurat ion of land within the Annexation Area to constitute a retail mall (as described in subsection ii above).

(i) “Transient Occupancy Tax Revenue” means the CITY general fund share of revenue from any transient occupancy tax levied and received by the CITY pursuant to Revenue and Taxation Code Section 7280 and the Sacramento City Code, or any successor statutory provision, that is collected within the Annexation Area.

Section 2. Ex change of Property Tax Revenue.

(a) Allocation to COUNTY, CITY, and Water Agency. On and after the Annexation Date, Property Tax Revenue applicable to the Annexation Area will be allocated to the respective COUNTY General Fund, CITY General Fund, and Water Agency as follows:

*ERAF means the Educational Revenue Augmentation Fund controlled by the State of California.

(b) Exchange by County Auditor. All exchanges of Property Tax Revenue required by this Agreement to be made to COUNTY, CITY, and Water Agency shall be made by the COUNTY Auditor on an annual basis.

(c) Fire District . Thirty (30) days after the Annexation Date, the Fire District will receive $24,497.35 from CITY , which represents the yearly payment of its annexation shares ($4,899.47) for a period of 5 years. No further revenue will be distributed to the Fire District after such $24,497.35 payment is made. CITY will be responsible to distribute the funds specified in this paragraph directly to the Fire District.

(d) Park District. Thirty (30) days after the Annexation Date, the Park District will receive $4,555.50 from CITY, which represents the yearly payment of its annexation shares ($891.10) for a period of 5 years, plus the Landscaping and Lighting Assessment District annual revenue of $20 for a period of five years. No further revenue will be distributed to the Park District after such $4, 555.50 payment is made. The City will be responsible to distribute the funds specified in this paragraph directly to the Park District.

Section 3. Exchange of Sales Tax Revenue and Trans ient Oc cupancy Tax Revenue. On or after the Annexation Date, CITY shall receive all Sales Tax Revenue and Transient Occupancy Tax Revenue for the Annexation Area. CITY will distribute to COUNTY a share of CITY’s Sales Tax Revenue and Transient Occupancy Tax Revenue for Single Purpose or Regional Tax-Generating Land Uses as follows:

(a) In the event that the CITY allows a Single Purpose or Regional Tax-Generating Land Use, as defined in Sect ion 1( h) of this Agreement, to conduct business in the Annexation Area, then the COUNTY and CITY shall share equally in the Sales Tax Revenue and Transient Occupancy Tax Revenue generated by such Single Purpose or Regional Tax Generating Land Use within the Annexation Area.

(b) If a change in land use or zoning causes a land use to become a Single-Purpose or Regional Tax -Generating Land Use within the meaning of Section 1( h) and thereby requires the sharing of Sales Tax Revenue or Transient Occupancy Tax Revenue once the land is being used as a Single-Purpose or Regional Tax-Generating Land Use pursuant to Section 3 (a), and a later change in land use or zoning would no longer meet the

requirements for tax -sharing under Section 3(a), then the sharing of such taxes under Section 3(a) shall cease. For example, if an Auto Dealer goes out of business and is replaced by other retail stores that do not constitute a different type of Single- Purpose or Regional Tax-Generating Land Use, revenues from those other retail stores would not be subject to tax sharing under this Section 3.

(c) If subsequent to the Annexation Date, the CITY rezones any property within the Annexation Area to any retail land use, t he COUNTY and the CITY shall share Sales Tax and Transient Occupancy Tax Revenue resulting from the new retail use as follows:

The COUNTY and the CITY shall share equally in the Sales Tax Revenue and Transient Occupancy Tax Revenue collected within the area of such rezone if said revenue is generated by any Single Purpose or Regional Tax Generating Land Use.

(d) CITY shall remit to COUNTY the COUNTY’s share of the Sales Tax Revenue and Transient Occupancy Tax Revenue as set forth in this Section 3 within thirty (30) calendar days of receipt by CITY of the Sales Tax Revenue and Transient Occupancy Tax Revenue owed to COUNTY. In addition to any remedies COUNTY may have at law or in equity in the event of CITY's default on its obligation to remit such Sales Tax Revenue and Transient Occupancy Tax Revenue as required by this Agreement, COUNTY may withhold from Property Tax Revenue otherwise due to the CITY an amount equal to the amount of Sales Tax Revenue and/or Transient Occupancy Tax Revenue which CITY has failed to pay COUNTY in a timely manner, provided that COUNTY may not exercise such right of offset until it has first given CITY thirty (30) days prior written notice of COUNTY’s intent to offset.

Section 4. Notice of Rezone or Subdivide Required. If any property within the Annexation Area is proposed to be rezoned or subdivided, the CITY shall prov ide written notice of such proposed rezone to the COUNTY prior to the date the proposed rezone is to be heard by the CITY Planning Commission. The CITY shall also provide the COUNTY with notice of approval of any rezone or subdivision in the Annexation Area within thirty (30) days of the effective date.

Section 5. Detachment of Annexation Area f rom Certain Services After Annexation. The Annexation Area shall be detached from the County Services Area (CSA) 1, Water Agency, Fire District, and Park District upon the Annexation Date.

Section 6. Non-Opposition to Annexation . In further consideration of this Agreement, COUNTY agrees not to oppose CITY’s annexation of the Annexation Area.

Section 7. Dispute Resolution.

(a) Inadmissibility. Should any disputes arise as to the performance of this Agreement, COUNTY and CITY agree to the dispute resolution process as set forth below.

All conduct, testimony, statements or other evidence made or presented during the meeting described in subsection (b) below shall be confidential and inadmissible in any subsequent arbitration proceedings brought to prove liability for any claimed breach or damages which are the subject of the dispute resolution process.

(b) Initiation of Process . COUNTY or CITY may initiate the dispute resolution process by submitting written notification to the other of a potential dispute concerning the performance of this Agreement. This written notification shall include all supporting

documentation, shall state what is in dispute, and shall request a meeting between the County Executive and the City Manager or their respective designees. The purpose of this meeting shall be to ascertain whether a resolution of the disagreement is possible without third party intervention. This meeting shall be scheduled to take place within thirty (30) working days of receipt of the written notification of the dispute. At the meeting, the respective representatives of the COUNTY and the CITY shall attempt to reach an equitable settlement of the disputed issue(s).

(c) Binding Arbitration. If the meeting provided for in subsection (b) of this Section fails to fully resolve the disagreement, the matter shall then be submitted by either party to the American Arbitration Association (“Arbitrator”) to appoint a single, neutral arbitrator for a decision. The arbitration shall be conducted pursuant to the procedures set forth in Chapter 3 (commencing with Section 1282) of Title 9 of the California Code of Civil Procedure. The decision of the Arbitrator shall be controlling between the CITY and the COUNTY and shall be final. Except as provided in Code of Civil Procedure Sections 1286.2 and 1286.4, neither party shall be entitled to judicial review of the Arbitrator’s decision. The party against whom the award is rendered shall pay any monetary award and/or comply with any other order of the Arbitrator within sixty (60) days of the entry of judgment on the award.

(d) Costs. The parties shall share equally in the costs and fees associated with the Arbitrator’s fees and expenses. At the conclusion of the arbitration, the prevailing party, as determined by the Arbitrator, shall be entitled to reimbursement by the other party for the Arbitrator’s fees and the Arbitrator’s expenses incurred in connection with the arbitration.

The awarded Arbitrator’s fees and expenses shall be remitted to the party whose petition is upheld within thirty (30) days of the Arbitrator’s decision. Each party shall bear its own costs, expenses, and attorney’s fees and no party shall be awarded its costs, expenses, or attorney’s fees incurred in the dispute resolution process.

Section 8. Mutual Defense of Agreement. If the v alidity of this Agreement is challenged in any legal action by a party other than COUNTY or CITY, then COUNTY and CITY agree to defend jointly against the legal challenge and to share equally any award of costs, including attorney’s fees, against COUNTY, CITY, or both.

Section 9. Third Party Beneficiary . The Fire District and Park District are hereby designated as third- party beneficiar ies of this Agreement, but only for the purposes of enforcement of Section 2 of this Agreement. Otherwise, there are no third- party beneficiaries to this Agreement, and no third- party will have any right to enforce any provision of this Agreement.

Section 10. Waiver of Retroacti ve Recovery. If the v alidity of this Agreement i s challenged in any legal action brought by either CITY, COUNTY or any third-party, CITY hereby waives any right to the retroactive recovery of any CITY Property Tax Revenue and COUNTY hereby waives any right to the retroactive recovery of any Sales Tax Revenue or Transient Occupancy Tax Revenue exchanged pursuant to this Agreement prior to the date on which such legal action is filed in a court of competent jurisdiction. The remedy available in any such legal act ion brought as described in this paragraph s hall be limited to a prospective invalidation of the Agreement.

Section 11. Modification. The prov isions of this Agreement and all of the covenants and conditions set forth herein may be modified or amended only by a writing duly authorized and executed by both the COUNTY and CITY.

Section 12. Reformation. COUN TY and CITY understand and agree that this Agreement is based upon existing law, and that such law may be substantially amended in the future. In the e vent of an amendment of state law w hich renders this Agreement invalid or inoperable or which denies any P arty thereto the full benefit of this Agreement as set forth herein, in whole or in part, then COUNTY and CITY ag ree to renegotiate the Agreement in good faith.

Section 13. Enforcement of Agreement. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or federal district court located in Sacramento County, California.

Section 14. Effect of Tax Exchange Agreement . This Agreement s hall be applicable solely to the Annexation and does not constitute either a master tax sharing agreement or an agreement on propert y tax exchanges which may be required for any other annexation to the CITY.

Section 15. Entire Agreement. Wi th respect to the subject matter contained in this Agreement, this Agreement supersedes any and all previous negotiations, proposals, commitments, writings, and understandings of any nature whatsoever between COUNTY and CITY except as otherwise provided herein.

Section 16. Notices. All notices, requests, certifications or other correspondence required to be prov ided by the Parties to thi s Agreement shall be in writing and shall be personally delivered or delivered by first class mail to the respective P arties at the following addresses:

COUNTY CITY
County Executive City Manager
County of Sacramento City of Sacramento
700 H Street, Room 7650 915 I Street, 5th Floor
Sacramento, CA 95814 Sacramento, CA 95814

Notice by personal delivery shall be effective immediately upon delivery. Notice by mail shall be effective upon receipt or three days after mailing, whichever is earlier.

Section 17. Approval, Consent , and Agreement . Wherever this Agreement requires a Party’s approval, consent, or agreement, the P arty shall make its decision to give or withhold such approval, consent or agreement in good faith, and shall not withhold such approval, consent or agreement unreasonably or without good cause.

Section 18. Construction of Headings. Headings of the sections of this Agreement are for convenience and reference onl y. The w ords in the headings in no way ex plain, modify, amplify, or interpret this Agreement.

Section 19. Incorporation by Reference. Ex hibits A .1 and A.2, atta ched hereto, are incorporated into this Agreement by this reference.

Section 20. Counterparts. The Parties may execute this Agreement in counterparts, each of which will be considered an original, but all of which will constitute the same agreement. The P arties agree that this document may be executed with electronic signatures.

Section 21. Approval by Governing Bodies. The Parties acknow ledge that this Agreement s hall not become effective unless the ordinance or resolution approving this Agreement is approved by a two-thirds (2/3) vote of both the City Council and the County Board of Supervisors.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in the County of Sacramento, State of California, on the date set forth above.

Attachments:

Exhibit A.1 – Legal Description of Annexation Area
Exhibit A.2 – Map of Annexation Area

CITY OF SACRAMENTO, a municipal
corporation

By: ____________________________
Michael Jasso
Assistant City Manager

ATTEST: ____________________

Assistant City Clerk

Approved as to form:

____________________________
Deputy City Attorney

COUNTY OF SACRAMENTO, a political
Subdivision of the State of California

By: _______________________________

County Executive

(SEAL)

ATTEST: ________________________
Clerk of the Board of
Supervisors

Approved as to form:

__________________________
County Counsel

Exhibit A.1

Exhibit A.2