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Item 13 2024-01576 Delta Shores East Phase Development (P23-018) [Noticed on 09.06.2024; Passed for Publication 09.10.2024, Published 09.13.2024] PART 1

Sacramento City Council
September 17, 2024

Document
Item 13 2024-01576 Delta Shores East Phase Development (P23-018) [Noticed on 09.06.2024; Passed for Publication 09.10.2024, Published 09.13.2024] PART 1
Meeting
September 17, 2024
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Sacramento City Council
Pages
6
Original file
47.4 MB
Text extracted from the city's file for reading and search. Open the original on sacramento.granicus.com. That file is the official record.

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01576 9/17/2024 Public Hearing Item 13.

Delta Shores East Phase Development (P23-018) [Noticed on 09/06/2024; Passed for Publication 09/10/2024, Published 09/13/2024]
File ID: 2024-01576
Location: East of Freeport Boulevard, North and West of Sacramento Regional Wastewater Treatment, West of Stone-Boswell Property & 102-Acre City Owned Land, and South of Meadowview Road, APNs: See Supplemental 1, District 8, Represented by Councilmember Vang Recommendation: Conduct a public hearing and upon conclusion, adopt: 1) a Resolution adopting the addendum to the previously approved Delta Shores Environmental Impact Report (Per Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15164); 2) Mitigation Monitoring Plan (MMP); 3) an Ordinance amending the Delta Shores Development Agreement; 4) an Ordinance rezoning ±15.53-acres from Single-Unit or Duplex Dwelling Zone (R-1A-PUD) to Multi- Unit Zone (R-3A-PUD) and ±16.64- acres from Multi-Unit Dwelling Zone (R-3A-PUD) to Single-Unit Dwelling or Duplex Dwelling Zone (R-1A-PUD); 5) a Resolution amending the Delta Shores Planned Unit Development Guidelines and Schematic Map to redesignate ±15.53-acres from Parks to High Density Residential (HDR) and ±16.64-acres from HDR to Medium Density Residential; 6) a Resolution for a Large Lot Tentative Map to subdivide approximately ±30.52 acres into two lots in the Multi-Unit Dwelling (R-3A-PUD) zone and Delta Shores Planned Unit Development; and 7) Site Plan and Design Review of the Map within the Multi-unit dwelling zone (R-3A-PUD).

Contact: Angel Anguiano, Associate Planner, (916) 808-5519, [email protected]; Marcus Adams, Senior Planner, (916) 808-5044, [email protected]; Department of Community Development
Presenter: Angel Anguiano, Associate Planner, (916) 808-5519, [email protected], Department of Community Development
Applicant: Barron Caronite, M & H Realty Partners VI, LP, 425 California Street, 10 th Floor, San
Francisco, CA 94104
Owner: Barron Caronite M & H Realty Partners VI, LP, San Francisco, CA 94104 Attachments:
1-Description/Analysis

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File ID: 2024-01576 9/17/2024 Public Hearing Item 13.
2-Background
3-Resolution: Adopting Addendum to the Delta Shores Environmental Impact Report 4-Exhibit A: Mitigation Monitoring Program
5-Ordinance: Adopting Development Agreement
6-Exhibit: Development Agreement
7-Ordinance: Rezone
8-Exhibit A: Rezone Exhibit
9-Resolution: Amend the Delta Shores PUD Guidelines and Schematic Map 10-Exhibit A: PUD Guidelines Chapter 1
11-Exhibit B: PUD Guidelines Chapter 2
12-Exhibit C: PUD Guidelines Chapter 3
13-Exhibit D: PUD Guidelines Chapter 4
14-Exhibit E: PUD Guidelines Chapter 5
15-Exhibit F: PUD Guidelines Chapter 6
16-Exhibit G: PUD Guidelines Chapter 7
17-Exhibit H: Schematic Map Amendment
18-Exhibit I: Enhanced Multi-Use Path Crossings
19-Resolution: Project Entitlements Large Lot Tentative Map and Site Plan and Design Review 20-Exhibit A: Large Lot Tentative Map
21-Supplemental 1: Assessor Parcel Numbers
22-Supplemental 2: Community Comments
Description/Analysis
Issue Detail: The Delta Shores Planned Unit Development (PUD) project was approved by the City Council in 2009 (P06-197). Since that time, significant time and resources have been invested into constructing the necessary infrastructure to support the establishment of an interchange at I-5, a regional shopping center, neighborhood supporting commercial, and the eventual development of up to approximately 5,000 housing units. The current project request consists of a number of amendments and augmentations to the original project entitlements, facilitating the next stage of development of the site, including the following:

1. An amendment to the Delta Shores Development Agreement (City Agreement No. 2009- 0060), including changes to the park dedication calculation, replacement of two pedestrian bridges with enhanced, signalized crossings, and the addition of a roadway connection from 24th Street to an undeveloped 102-acre City owned property.

2. A request to rezone ±15.53-acres from Single-Unit or Duplex Dwelling Zone (R-1A-PUD) to Multi-Unit (R-3A-PUD) zone and ±16.64 acres from the Multi-Unit Dwelling (R-3A-PUD) zone to Single-Unit Dwelling or Duplex Dwelling (R-1A-PUD) zone. The rezoned land redistributes density within the planned community and increases potential unit yield by 343 units.

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File ID: 2024-01576 9/17/2024 Public Hearing Item 13.

3. An amendment to the Delta Shores PUD Guidelines and Schematic Plan to convert a portion of the Community Park space to High Density Residential, redesignate villages HDR-9 and HDR-10 to Medium Density Residential (MDR), replace two previously planned pedestrian bridges with three enhanced, at-grade pedestrian crossings and Class 1 connecting trails, dedicate lot “S-1” for a future regional sewer lift station (#53), add a 25-foot wide public access easement for an off-street trail corridor that extends from Delta Shores Circle South along the southern property line of HDR-12 to the Community Park, and relocation of lot “WF-1” (water tank) outside of the PUD.

4. A Large Lot Tentative Map to subdivide approximately 30.52 acres into three lots to facilitate the future sale of one of the parcels for residential development, development of the Community Park, and sewer lift station.

5. Site Plan and Design Review for the Large Lot Tentative Map.

These entitlements are discussed in more detail under the Background and Entitlement Review sections of this report. The project requires City Council approval because of the requested amendment to the development agreement and rezone. No new construction is proposed with this application.

Public/Neighborhood Outreach and Comments: The project was routed to surrounding neighborhood groups including Sacramento Area Bicycle Advocates (SABA), Civic Thread, Sacramento Housing Alliance, Walk Sacramento, Preservation Sacramento, Pocket Greenhaven Riverfront Association, and Sacramento Metropolitan Air Quality Management District (SMAQMD).

The site has been posted and all property owners and neighbors within a 500-foot radius of the subject site were notified of the hearing.

Staff received comments from SMAQMD, Civic Thread, and SABA. Many of the comments from the initial and subsequent project routings have been incorporated into the final revisions of the tentative map, such as the inclusion of enhanced bike and pedestrian crossings in-lieu of the pedestrian bridges. The comments are summarized below:

Civic Thread
: Civic Thread’s letter commends the applicant for including off-street multi-use trails on the north and south side of Cosumnes River Boulevard connecting 24th Street, Tidal Street, and Delta Shores Circle South, the inclusion of 16-foot-wide off-street multi-use trails, conversion of a portion of the community park to housing (HDR-12) and altering residential density in key places from low to high density residential.

In its letter, Civic Thread provides three additional recommendations:
· Connecting the off-street trail on the south side of HDR-12 to the pedestrian crossing on Delta

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File ID: 2024-01576 9/17/2024 Public Hearing Item 13.

Shores Circle South.
· Installing traffic calming devices and/or other improvements along residential collector streets. · Including dedicated bike traffic signals, leading pedestrian intervals, conflict striping along bikeway facilities, and high visibility crosswalk markings.

Staff Response: City Staff worked with the Applicant to align the pedestrian crossing at Delta Shores Circle South with the off-street trail on the south side of HDR-12. Additional traffic calming measures will be considered when development applications are submitted for the construction of residential collector streets, bike and pedestrian facilities consistent with the Planned Unit Development Guidelines and City standards.

SABA
: Staff received comments from Sacramento Area Bicycle Advocates (SABA). SABA supports the rezone of the park to high density residential given the proximity to retail and future schools.

SABA also expressed concerns with the removal of the planned pedestrian bridges and the resulting need for safe crossing along highly traffic thoroughfares.

Staff Response
: The applicant team received the comments by SABA and has worked with the Department of Public Works to provide high visibility pedestrian traffic signals at key intersections along Cosumnes River Boulevard and Delta Shores Circle South. The applicant will submit future construction documents to the Department of Public Works for construction of the pedestrian signalized crossings.

Policy Considerations: General Plan:

The Delta Shores project was originally approved by City Council on January 13, 2009, with a Development Agreement that vests the project under the 1988 General Plan, the plan in place at the time the Delta Shores Planned Unit Development was established. Subsequent project entitlements to implement the development plan are therefore evaluated for consistency with the 1988 General Plan and subject to the terms and conditions specified in the development regulations in place on the effective date of the Development Agreement. The Development Agreement, a document with a thirty-year term, states that the development plan may be amended or modified from time to time, as necessary to build the residential units or commercial development anticipated under the plan. Staff has evaluated the proposed project and determined that the proposed modifications are consistent with the provisions of the Delta Shores Development Agreement and the 1988 General Plan.

The 1988 General Plan, Urban Growth Policy 2 (Population and Housing Growth) supported the provision of adequate housing opportunities for all income households and projected housing needs.

It encouraged providing a variety of residential uses near major employment centers and along transit or major transportation routes to help ensure housing opportunities for all income households employed in those centers. New growth areas such as Delta Shores were identified as an important way to promote new housing, services, and employment.

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File ID: 2024-01576 9/17/2024 Public Hearing Item 13.

Economic Impacts: Not applicable.

Environmental Considerations: The City prepared an environmental impact report (EIR) that evaluated the environmental effects of the Delta Shores Project (P06-197). The EIR was certified by the City Council on January 13, 2009 (Resolution No. 2009-030).

Project changes have been proposed in the current project. The CEQA Guidelines provide that a lead agency shall not prepare a subsequent or supplemental EIR in such a case unless one or more of the conditions set forth in CEQA Guidelines Section 15162 are present; in this case the relevant consideration is whether project changes could result in new significant effects.

The proposed Development Agreement Amendment, Rezone, PUD Guidelines, Schematic Map Amendment and Large Lot Tentative map include minor revisions and updates to the project. The Environmental Services Manager has concluded that no additional environmental effects would result from these changes, none of the section 15162 conditions are present and that only minor changes are required in the EIR.

An addendum is being prepared to confirm and document these conclusions, and to confirm the affected staff agreement.

The project description will include an irrevocable offer of dedication by the applicant for a minor collector between 24th Street and the City-owned 102-acre parcel. Impacts of the roadway, including operational emissions, will be evaluated as part of the City’s development proposal for the 102-acre site. Any impacts of construction and operation will be evaluated as part of the Delta Shores Development or the City’s development proposal for the 102-acre site.

The applicant and air district have accepted modifications to the Air Quality Management Plan (AQMP). The final AQMP will be document prior to City Council hearing.

Replacement of the pedestrian bridges with alternative pedestrian and bicycle crossing designs has been widely circulated and discussed. Based on discussions to date the revised pedestrian and bicycle improvements will not result in new significant effects.

The initial study will document the conclusion that none of the circumstances set forth in CEQA Guidelines section 15162 are present, and that an addendum is the appropriate CEQA document.

The addendum will be presented to the City Council for adoption. 200-Year Flood Protection: The project site is within an area for which the local flood-management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood-protection system that, for the area intended to be protected by the system, will result in flood protection equal to or greater than the urban level of flood protection in urban areas for property located within a flood-hazard zone, as demonstrated by the SAFCA Urban Level of Flood Protection Plan and Adequate Progress Baseline Report and the SAFCA Adequate Progress Toward an Urban Level of Flood Protection Engineer’s Report, each accepted by the City

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File ID: 2024-01576 9/17/2024 Public Hearing Item 13.

Council on June 21, 2016 (Resolution No. 2016-0226), and the SAFCA 2023 Adequate Progress Annual Report accepted by the City Council on October 24, 2023 (Resolution No. 2023-0337).

Sustainability: The Delta Shores PUD is near the Morrison Creek Light Rail station, a major transit stop, and continued development will add to the housing diversity of the region, while promoting a walkable and bike friendly community. Staff recommends that development within Delta Shores, to the extent possible, incorporate green building methods in the construction of the proposed project, thereby ensuring energy consumption is minimized and use of renewable energy sources is encouraged.

Commission/Committee Action: The project was taken to the Subdivision Review Committee on April, 2024 and revisions to the conditions of approval were not proposed.

On August 8, 2024, the Planning and Design Commission voted to forward a motion to the Sacramento City Council to approve the proposed project.

Rationale for Recommendation: Staff recommends the City Council approve the Delta Shores East Phase Development project, based on the findings of fact and subject to the conditions of approval listed in the attachments. The proposed amendments to the Delta Shores PUD and adoption of a large lot tentative map are consistent with the goals and policies of the 1988 General Plan by facilitating a mix of residential housing options while also encouraging walking and biking. Staff finds the project is consistent with the goals and policies of the 1988 General Plan related to the development of infill sites and is consistent with the vision of the Delta Shores PUD to develop in a manner which compliments and enhances the surrounding area.

Financial Considerations: An update to the Delta Shores Finance Plan will be brought to City Council under a separate action to account for capital expenditures and estimates, reallocation of the funds to be collect for the pedestrian bridges to other trail improvements, and inclusion of the Stone Beetland development into the finance plan. Staff anticipates the finance plan update will be heard by City Council by the end of 2024.

Local Business Enterprise (LBE): No goods or services are being purchased under this report.

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F
igure 1: Vicinity Map

Background

On January 13, 2009, the Sacramento City Council approved the necessary entitlements to allow for the future development of the Delta Shores Planned Unit Development (PUD) (P06-197). The proposal included the necessary entitlements to facilitate the development of an approximately 782-acre planned community and envisioned a mix of commercial, residential, parks and open space, schools, and a fire station . The plan anticipated approximately 1.3 million square- feet of regional commercial uses and up to 5,222 residential units.

On April 16, 2015, the Planning and Design Commission approved the necessary entitlements to develop 1.3 million square-feet of commercial uses, known today as the Delta Shoes shopping center. To date, approximately 1,423 residential units have been approved, more are in Planning review or under construction, and the first residents of Delta Shores moved into new homes in December 2023.

Figure 2: Delta Shores Land Plan

Requested Entitlements

The sections below provide additional detail regarding each of the requested entitlements.

Development Agreement Amendment: The Delta Shores Development Agreement (DA) was adopted by City Council on January 13, 2009. The DA has a 30-year term, including extensions, and will not expire until 2039. The DA vests the project under the General Plan and land use code in place at the time the agreement was adopted. It has been amended on three previous occasions by City Council to make adjustments to the overall development plan. Amendments to DA’s are not uncommon, given the extended time horizon necessary to implement major development projects . The purpose of the extended term is to assure that in light of the significant investment in time and infrastructure by the landowner and the City, the landowner has the opportunity to realize the full built -out of the development through multiple market cycles and changing conditions. The proposed amendment to the 2009 Delta Shores Development Agreement will facilitate the following:

1. A mend the formula for parkland dedication. When land is subdivided for residential development, park land is required to be dedicated based on the number of units created. When the Delta Shores PUD was established in 2009, the park land dedication requirement was 5 acres of park land per 1,000 persons. The City Council subsequently changed the ratio of park land dedication citywide to 3.5 acres per 1,000 persons, a lesser dedication amount. The applicant is seeking an amendment to the DA to reflect the changed formula for park dedication.

The proposed amendment to the DA would allow the development to provide a parkland dedication requirement at a ratio of 3.5 acres per 1,000 residents , resulting in a total parkland dedication requirement of approximately 50 acres .

Approximately 44 acres of public park land is mapped within the residential areas and the remaining acreage may be accommodated through a 15% credit based on the development of over five (5) miles of off- street trails, pedestrian paseos, 23- acres of wetland preserve, and 25-acres of open space and private park lots.

Planning staff confirmed with Youth Parks Community Enrichment staff that the park dedication requirement ratio reduction would not result in an insufficient amount of parkland for future residents.

The reduction in park land dedication facilitates the conversion of a portion of the Community Park into a high density housing site (HDR-12).

2. Replacement of two pedestrian bridges with enhance d, at-grade road crossings.

Two pedestrian bridges were originally proposed, one to cross Consumnes River Boulevard at MDR-12/wetlands and the other to cross Delta Shores Circle South, from HDR 7/8 to the Commercial shopping center (see Figure 2 for village locations).

As proposed, the two bridges will be removed from the plan and replaced by at - grade improvements intended to allow safe crossing of the two streets at signalized points. Three pedestrian signalized crossings will be on Delta Shores Circle South and an improved crossing at Consumnes River Boulevard, with the introduction of new Class 1 (off-street) trail connections to link the crossings with the larger Delta Shores trail system. Traditionally , pedestrian bridges are better utilized to cross areas where pedestrian/bike access is not feasible and there is no other option, such as freeways, rail lines, or rivers, therefore staff does not oppose the bridge replacement with improved at-grade facilities.

In coordination with the Department of Public Work, City staff has reviewed the preliminary design and placement of the signalized crossings and is in support of the proposal. Regarding the timing of installation of the signalized crossing improvements, the parcels adjacent to the pedestrian crossings will be required to submit construct ion documents for review and approval by the Department of Public Works concurrently with an entitlement for subdivision development . The conceptual crossings’ design and phasing are identified in the DA amendment.

Figure 3: Pedestrian Crossing Exhibit

3. Addition of a roadway connecting future 24 th Street to the City-owned 102-acre site. The City requested the Delta Shores landowner provide a 71-foot wide minor collector roadway be located between 24th Street and the City owned 102-acre site east of future 24th Street, to facilitate a future roadway connection between the two sites. The DA amendment contains language addressing the provision of the roadway and that the City will share in the cost of roadway construction.

4. Relocation of future water tank to 102-acre site. The City has agreed to relocate a

1.65-acre future water tank site from the Delta Shores property to the adjacent 102-acre site, making available an additional 1.65 acres for residential development.

5. Future update to the Delta Shores Finance Plan to include the City of Sacramento.

Once the land uses on the 102 -acre site are determine d, the City has agreed to participate in the Delta Shores Finance Plan to share in the cost s for additional capacity for backbone infrastructure required due to development on the 102-acre site.

6. Facilitate future City ownership of the wetland preserve. The landowner has asked the City to take ownership of the approximately 23- acre wetland preserve area.

The wetland area will have a recorded conservation easement and a maintenance and operation endowment, funded by the landowner.

Rezone: Th e applicant is requesting to rezone ±15.53-acres on lot “P-10,” the Community Park site, from the Single-Unit Dwelling or Duplex Dwelling (R-1A-PUD) zone to the Multi- Unit Dwelling (R- 3A-PUD) zone , and lots “ HDR-9” and “HDR-10” from High-Density Residential (R-3A-PUD) to Single-Unit or Duplex Dwelling (R-1A-PUD) zone. The purpose of the R-1A zone is to accommodate primarily medium-density residential uses (attached or detached) and some neighborhood supportive uses such as recreational, religious, and educational facilities. The purpose of the R -3A zone is to accommodate higher density development in the central city, along major commercial corridors, and in areas near major institutions and public transit facilities.

The rezone of lot P -10 to R-3A-PUD, which h as a higher and more permissible zoning designation, will facilitate the development of high density residential close to the Morrison Creek Light Rail Station and Cosumnes River Boulevard, as well as compatible residential developments in the surrounding area. The portion of the Community Park being rezoned is no longer required for park land dedication if the Delta Shores development is approved to utilize the current 3.5 acres per 1,000 persons park land dedication ratio.

Lots HDR- 9 and HDR -10 are proposed to be rezoned to R- 1A-PUD, consistent with adjacent lots to the east, west, and north (See figure 3 below).

Staff supports the rezone because it allows the opportunity for a variety of housing options specifically surrounding the future park and nearby commercial and will not result in a reduction of housing units. The rezone is consistent with 1988 General Plan goals and policies supporting infill development; providing for a mix of residential types and densities; connecting communities; creating a mix of uses that would promote walking, biking, and transit use; and providing community amenities such as open space. Additional analysis of the density increase is discussed under the PUD Schematic Plan section below.

Planned Unit Development Schematic Plan and Guidelines Amendment: The applicant is requesting to amend the Delta Shores Schematic Plan in order to redistribute the density and intensity of residential development with in three villages south of Cosumnes River Boulevard. The residential land in the area is divided into two categories: Medium Density Residential (8-14 du/na) and High Density Residential (15-27 du/ac).

T
able 1 below shows the current (existing) anticipated number of residential units within the affected areas compared with the proposed number of units, taking into account the conversion of a portion of the community park site to high density residential uses:

Figure 4: Rezone Exhibit

Table 1: PUD Schematic Amendment, Unit Analysis
Existing Proposed
acres yield acres yield
HDR-9 (15-27 du/na) 8.02 120-217
HDR-10 (15-27 du/na) 8.62 129-232
Total 16.64 249-449 units

MDR-9S (8-14 du/na) 8.02 64-112 units
MDR-10S (8-14 du/na) 8.62 69-121 units
HDR-12 (18-36 du/na) 15.53 280-559 units
Total 32.17 acres 413-792 units

Staff supports the schematic plan amendment because the number of anticipated residential units within the development increases. The inclusion of HDR-12 adjacent to the Community Park (lot P -10) will result in residential units with good access to recreational amenities, future commercial development, and within close proximity to the existing Morrison Creek light rail station to the east. Former HDR-9 and HDR-10 maintain proximity to the proposed school/park site, and will be developed with small -lot, medium density housing, consistent with what is found in the adjacent neighborhood area.

The proposed changes to the PUD Guidelines include replacement of the pedestrian bridges with signalized pedestrian crossings, updating land use summary tables throughout the document regarding densities and total unit counts, updating exhibits, and updating the park requirements.

Large Lot Tentative Map and Site Plan and Design Review of the Map: T he L arge Lot
Tentative Map will subdivide 30.52-acres into three lots. Approximately ±10.98-acres (P- 10) will remain as park and open space and ± 15.53-acres (HDR-12) will be designated for high density residential development. The proposed tentative map also designates 9,680-square-feet for a future regional sewer lift station (lot S-1). There is a 25-foot-wide public access easement for an off -street trail corridor that extends from Delta Shores Circle South along the southern property line of HDR -12 to the Community Park , improving off-street connectivity in the area. Site Plan and Design Review will be required for all future housing development.

T
he tentative map was reviewed against all applicable standards in the planning and development code. Staff supports the proposed map because the resulting lots meet all development standards and the subdivision will facilitate additional residential development, the dedication of park land, and the construction of a sewer lift station in Delta Shores.

Figure 5: PUD Schematic Plan Amendment

Figure 6: Large Lot Tentative Map (proposed)

DRAFT
RESOLUTION NO. 2024-

Adopted by the Sacramento City Council

September 17, 2024

ADOPTING THE ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT AND

THE MITIGATION MONITORING AND REPORTING PROGRAM FOR DELTA SHORES – EAST PHASE PROJECT (P23-018)

BACKGROUND

A. On August 8, 2024 the City Planning and Design Commission conducted a public hearing on, and forwarded a recommendation of approval of the Delta Shores East Phase (P23-018) Project to City Council.

B. On September 17, 2024 the City Council conducted a public hearing, for which notice was given pursuant Sacramento City Code, and received and considered evidence concerning the Delta Shores – East Phase Project (P23-018).

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

Section 1. The City Council finds as follows:

A. On January 13, 2009, pursuant to the California Environmental Quality Act (Public Resources Code §21000 et seq. (“CEQA”), the CEQA Guidelines (14 California Code of Regulations §15000 et seq .), and the City of Sacramento environmental guidelines, the City Council certified an environmental impact report (EIR) and, having reviewed and considered the information con tained in the EIR, adopted findings of fact and findings of overriding consideration, adopted a mitigation monitoring program, and approved Delta Shores (P06-197) (Project).

B. The Delta Shores Modification (P23-018) (Project Modification) proposes to modify the previously approved Project as follows: 1) changing the designation of two existing high density residential parcels in the southern portion of Delta Shores to medium density residential; 2) reducing the Community Park land from 26.72 acres to 10.98 acres and re-zone the western portion of P-10 (15.53 acres) into a high density residential parcel (HDR-12); 3) merging of Lot WF -1, which was reserved for a potential water tank to be constructed by the City at a future date, into MDR -19 provides for t he development of approximately 10 additional dwelling units net of the Meadowview 102 connector road right of way; 4) changing the public park land dedication requirement in Delta Shores and the Development Agreement as it pertains to the remaining undev eloped residentially zoned property in order to match current City Ordinance requirements for public park land dedication for residential land uses going forward; 5) replacing the pedestrian bridges

with dedicated signalized pedestrian crossings at three l ocations along Delta Shores Circle South. The crossing of Cosumnes River Boulevard would be accommodated with high visibility markings and widened sidewalks that tie the trail system at the traffic signal crossing to the intersection of Cosumnes River Boulevard and Tidal Street. The applicant is also proposing the addition of a 25-foot-wide Public Access Easement for an off-street trail corridor that extends from Delta Shores Circle South along the southern property line of HDR-14 to the Community Park; 6) adding a roadway connection, requested by the City, from 24th Street to an undeveloped 102 -acre City -owned property, known as Meadowview 102, located to the east of the project site; 7) creation of a larger than originally approved Lot S -1 near the southwestern corner of the new HDR -12 parcel for the future development of regional sewer lift station and the addition of a Public Access Easement for an off-street trail corridor that extends from Delta Shores Circle South along the southern property line of HDR-12 to the Community Park as depicted on the modified large lot tentative map; and 8) modifications to the approved Air Quality M anagement Plan that was required as part of adopted mitigation measure 5.3-3.

C. The analysis on the Project Modification determined that the proposed changes to the original Project did not require the preparation of a subsequent EIR. An addendum to the previously certified EIR was then prepared to address the modification to the Project.

Section 2. The City Council has reviewed and considered the information contained in the previously certified EIR for the Project, the previously adopted findings of fact and findings of overriding consideration, the addendum, and all oral and documentary evidence received during the hearing on the Project Modification. The City Council finds that the previously certified EIR and the addendum constitute an adequate, accurate, objective, and complete review of the proposed Project Modification and finds that no additional environmental review is required based on the reasons set forth below:

A. No substantial changes are proposed by the Project Modification that will require major revisions of the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

B. No substantial changes have occurred with respect to the circumstances under which the Project Modification will be undertaken which will require major revisions to the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

C. No new information of substantial importance has been found that s hows any of the following:

1. The Project Modification will have one or more significant effects not discussed in the previously certified EIR;

2. Significant effects previously examined will be substantially more severe than shown in the previously certified EIR;

3. Mitigation measures previously found to be infeasible would in fact be feasible and would substantially reduce one or more significant effects of the Project Modification; or

4. Mitigation measures which are considerably different from those analyzed in the previously certified EIR would substantially reduce one or more significant effects on the environment.

Section 3. Based on its review of the previously certified EIR for the Project, the previously adopte d findings of fact and findings of overriding consideration, the addendum, and all oral and documentary evidence received during the hearing on the Project Modification, the City Council finds that the EIR and addendum reflect the City Council’s independen t judgment and analysis, and approves the addendum for the Project Modification.

Section 4. The mitigation monitoring program for the Project is adopted for the Project Modification, and the mitigation measures shall be implemented and monitored as set forth in the program, based on the following findings of fact:

A. The mitigation monitoring program has been adopted and implemented as part of the Project;

B. The addendum to the EIR does not include any new mitigation measures, and has not eliminated o r modified any of the mitigation measures included in the mitigation monitoring program;

C. The mitigation monitoring program meets the requirements of CEQA Section 21081.6 and the CEQA Guidelines section 15091.

Section 5. 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 the Public Resources Code and the State EIR Guidelines adopted pursuant thereto.

Section 6. Pursuant to Guidelines section 15091(e), the documents and other materials that constitute the record of proceedings upon which the City Council has 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 – Resolution No. 2009-0030 – Certifying the Delta Shores EIR and Adopting the MMP
RESOLUTION NO. 2009-030
Adopted by the Sacramento City Council
January 13, 2009

CERTIFYING THE ENVIRONMENTAL IMPACT REPORT

AND ADOPTING THE MITIGATION MONITORING PROGRAM FOR THE DELTA SHORES PROJECT (P06-197)

BACKGROUND
A. On December 11, 2008, the City Planning Commission conducted a public hearing, and forwarded to the City Council the Delta Shores project with no recommendation.

B. On January 13, 2009, the City Council conducted a public hearing, for which notice was given pursuant Sacramento City Code Section 17.200, and received and considered evidence concerning the Delta Shores project.

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

Section 1. The City Council finds that the Environmental Impact Report for Delta Shores (herein EIR) which consists of the Draft EIR and the Final EIR (Response to Comments) (collectively the "EIR") has been completed in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Sacramento Local Environmental Procedures.

Section 2. The City Council certifies that the EIR was prepared, published, circulated and reviewed in accordance with the requirementsof CEQA, the State CEQA Guidelines and the Sacramento Local Environmental Procedures, and constitutes an adequate, accurate, objective and complete Final Environmental Impact Report in full compliance with the requirements of CEQA, the State CEQA Guidelines and the Sacramento Local Environmental Procedures.

Section3. The City Council certifies that the EIR has been presented to it, that the City Council has reviewed the EIR and has considered the information contained in the EIR prior to acting on the proposed Project, and that the EIR reflectsthe City Council's independent judgment and analysis.

Section 4. Pursuant to CEQA Guidelines Sections 15091 and 15093, and in support Resolution 2009-030 January 13, 2009 1
of its approval of the Project,the City Council adopts the attached Findings of Fact and Statement of Overriding Considerations in support of approval of the Project as set forth in the attached Exhibit A of this Resolution.

Section 5. Pursuant to CEQA section 21081.6 and CEQA Guidelines section 15091, and in support of its approval of the Project, the City Council adopts the Mitigation Monitoring Program 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 Program as set forth in Exhibit B of this Resolution.

Section 6. The City Council directs that, upon approval of the Project, the City's Environmental Planning Services shall file a notice of determination with the County Clerk of Sacramento County and, if the Project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to the provisions of CEQA section 21152.

Section 7. Pursuant to Guidelines section 15091(e), the documents and other materials that constitute the record of proceedings upon which the City Council has 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 - CEQA Findings of Fact and Statement of Overriding Considerations for the Delta Shores project
Exhibit B - Delta Shores Mitigation Monitoring Plan
Resolution 2009-030 January 13, 2009 2
Adopted by the City of SacramentoCity Council on January 13, 2009 by the following vote:

Ayes: Councilmembers Cohn, Fong, Hammond, Pannell, Sheedy, Tretheway, Waters, and Mayor Johnson.

Noes: Councilmember McCarty.

Abstain: None.

Absent: None.

Attest:

Shirley Concdlino, City Clerk
Resolution2009-030 January 13, 2009 1 3
Exhibit A

CEQA FINDINGS AND

STATEMENT OF OVERRIDING CONSIDERATIONS

FOR THE DELTA SHORES PROJECT
Project # P06-197
Description of the Proiect.

The City Council (the "Council") of the City of Sacramento (the "City") hereby adopts and makes the following findings relating to a General Plan Amendment, an amendment to the Airport/Meadowview Community Plan, a Rezone, Delta Shores Planned Unit Development Guidelines and Schematic Plan Amendments, a Master Tentative Parcel Map, Tentative Subdivision Maps, a Development Agreement and an Inclusionary Housing Plan for the Delta Shores Project (the "Project"), located in south Sacramento adjacent to the southern boundary of the City limits. The Project Applicant/Owner is M&H Realty Partners VI, L.P., c/o Merlone Geier Management LLC, 3580 Carmel Mountain Road, Suite 260, San Diego, California 92130. These CEQA Findings have been prepared for the certification of a Final Environmental Impact Report (the "FEIR") prepared for the Council's approval of the Project pursuant to Resolution Number , dated (the "Resolution"). The foregoing
actions are collectively referred to herein as the "Project". These Findings are prepared pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code, Section 21000 etseq.). (See Public Resources Code, Section 21081) The Project objective is the development and construction of a 782-acre master planned community. It is envisioned as a compact residential community of approximately 5,222 residences with two retail centers. The approximately 147 acres of retail centers will consist of an approximately 127 acre Regional Village Center with up to 1.3 million square feet of retail and commercial uses, and an approximately 19.9 acre neighborhood serving residential mixed-use retail area with up to 161,600 square feet of retail and incorporated office uses. Delta Shores will also include 384 acres divided into residential lots and approximately 118 acres of parks, trails, open space and wetland restoration areas.

The Project is designed to meet those objectives. In order to do so, the Project has the following entitlement components:

Resolution2009-030 January 13, 2009 4
• General Plan Amendment from Industrial-Employee Intensive, Community/Neighborhood Commercial and Offices, Regional Commercial and Offices, Low Density Residential, Medium Density Residential, and Parks - Recreation - Open Space to Regional Commercial and Offices, Community/Neighborhood Commercial and Offices, Residential Mixed Use, Low Density Residential, Medium Density Residential, and Parks - Recreation - Open Space.
• Airport/Meadowview Community Plan Amendment from High Tech Industrial, Commercial, Office, Residential 4-8 du/na, Residential 7-15 du/na, Public/Quasi - Public, and Agriculture/Open Space to Commercial, Residential 4-8 du/na, Residential 7-15 du/na, Residential 16-29 du/na, Public/Quasi - Public, and Parks.
• Rezone from Manufacturing, Research, and Development PUD (MRD-PUD), Shopping Center PUD (SC-PUD), and Single Family PUD (R-1-PUD), Single Family Alternative PUD to General Commercial PUD (C-2-PUD), Residential Mixed Use PUD (RMX-PUD), Standard Single Family PUD (R-1-PUD), Single Family Alternative PUD (R-1A-PUD), Multi-Family PUD (R-3-PUD), and Agriculture-Open Space-PID (A-OS-PUD).
• Development Agreement.
• Delta Shores Planned Unit Development Guidelines and Delta Shores Schematic Plan.
• MasterTentative Parcel Map to subdivide 43 parcels totaling782 acres into 64 master parcels.
• Tentative Subdivision Map to subdivide 98.70 acres into 423 lots. • Tentative Subdivision Map to subdivide 87.44 acres into 348 lots. • Inclusionary Housing Plan.
• Bikeway Master Plan Amendment.
• Section 404 Wetlands Permit (U.S. Army Corps of Engineers). • Water Discharge Requirement Permit and section 401 Certification or Waiver (Regional Water Quality Control Board).

The Project, as proposed for adoption, has undergone modification and revision during the course of public hearings concerning its content. As modified, the Project provides for an intensity of land uses which are within the range of land uses described and analyzed in the Draft EIR, as well as in the FEIR. The FEIR is adequate and sufficient Resolution 2009-030 January 13, 2009 5
to analyze the Project's impacts and inform the Council of those significant impacts.

This point was recognized in Sequoyah Hills Homeowners Association V. City of Oakland (1993) 23 Cal.App.4th 704, 29 Cal.Rptr.2d 182, where an environmental impact report was upheld for a project which had an approved residential density different from the originally proposed project, but within the range of residential densities analyzed in the alternatives analysis of the project's environmental impact report.

Findings Required Under CEQA.

1. Procedural Findings.

The City Council of the City of Sacramento finds as follows:

Based on the initial study conducted for the Delta Shores Project, SCH#2007042070, (hereinafter the "Project"), the City of Sacramento's Environmental Planning Services determined, based on substantial evidence, that the Project may have a significant effect on the environment and prepared an environmental impact report ("EIR") on the Project. The EIR was prepared, noticed, published, circulated, reviewed, and completed in full compliance with the California Environmental Quality act (Public Resources Code Section 21000 et seq.)("CEQA"), the CEQA Guidelines (14 California Code of Regulations Section 15000 et seq.), and the City of Sacramento environmental guidelines, as follows:
a. A Notice of Preparation of the Draft EIR was filed with the Office of Planning and Research and each responsible and trustee agency and was circulated for public comments from April 12, 2007 through May 14, 2007.
b. A Notice of Availability ("NOA") and copies of the Draft EIR were distributed to the Office of Planning And Research on September 9, 2008 and to those public agencies that have jurisdiction by law with respect to the Project, or which exercise authority over resources that may be affected by the Project, and to other interested parties and agencies as required by law. The comments of such persons and agencies were sought.
c. An official 45-day comment period for the Draft EIR was establishedby the Office of Planning and 'Research. The public comment period began on September 9, 2008 and ended on
October 23, 2008.
d. The Notice of Availability ("NOA") of the Draft EIR was mailed to all interested groups, organizations, and individuals who had previously requested notice in writing on September 9, 2008. The NOA stated that the City of Sacramento had completed the Draft EIR and that copies were available at the City of Sacramento, Resolution 2009-030 January 13, 2009 6
Development services Department, 300 Richards Boulevard, Third Floor, Sacramento, California 95811, and from the City's website at: http://www.cityofsacramento.org/dsd/planning/environmental- reviewieirsi.The NOA also indicated that the official 45-day public review period for the draft EIR would end on October 23, 2008. e. A public notice of availability was published in the Daily Recorder on September 9, 2008, which stated that the Draft EIR was available for public review and comment.
f. A public notice of availability was posted in the office of the Sacramento County Clerk on September 9, 2008.
9- Following closure of the public comment period, all comments received on the Draft EIR during the comment period, the City's written responses to the significant environmental points raised in those comments, and additional information added by the City were added to the Draft EIR to produce the Final EIR and the errata thereto.

2. Record of Proceedings.

The following information is incorporated by reference and made part of the record supporting these findings:
a. The City of Sacramento General Plan. (January 1988)
b. The City of Sacramento General Plan Update (2001)
c. Environmental Impact Report for the City of Sacramento General Plan Update, City of Sacramento, March 1987 and all updates (SCH # 2007072024).
d. Findings of Fact and Statement of Overriding Considerations for the adoption of the Sacramento General Plan Update, City of Sacramento, 1988 and all updates.
e. Blueprint Preferred Scenario for 2050, Sacramento Area Council of Governments, December 2004.
f. Airport/Meadowview Community Plan.
g. All Notices of Preparation and other public notices issued by the City in conjunction with the Project.
h. The City of Sacramento Noise Ordinance(December 2003).

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The City of Sacramento Zoning Ordinance, Ordinance No. 2550, Fourth Series (Revised January 1, 1997) and all subsequent amendments.

J. The Draft EIR prepared for the Project and all appendices thereto (SCH #2007042070).
k. The Final EIR prepared for the Project and all errata and appendices thereto (SCH #2007042070).

1. The Delta Shores Project's application materials, including application information, PUD Schematic Plan, PUD Guidelines and Tentative Map.

M. All staff reports, memoranda, maps, letters, exhibits, minutes of meetings, referrals, and other planning documents prepared approved, reviewed, or relied upon by any City commissions, boards, officials, consultants, or staff relating to the Project. n. All testimony, documents, and other evidence presented by landowners and members of the public and their representatives within the Project Area;
o. All testimony and documents submitted to the City by public agencies and members of the public in connection with the Project; p. Minutes and verbatim transcripts of all workshops, information sessions, public meetings, and public hearings held by the City in connection with the Project;
q. Any documentary or other evidence submitted to the City at such workshops, information sessions, public meetings and public hearings.
r. Matters of common knowledge to the Council, including, but not limited to, the following:
(1) Sacramento MetropolitanAir Quality Management
District'sGuide to Air Quality Assessment in Sacramento County, July 2004.
(2) Other formally adopted City policies and ordinances; and s. The Mitigation MonitoringProgram for the Project.

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t. Draft and Final Environmental Impact Statement/Environmental Impact Report for the Interstate-5/Cosumnes River Boulevard Extension, Sacramento County, California (State Clearinghouse # 2007022072)

3. Definitions. A number of terms used in these Findings are defined as follows:
"CARB" means theCalifornia Air Resources Board.
"CEQA" means the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).
"City" means the City of Sacramento.
"Council" means the City Council of the City of Sacramento. "County" means the County of Sacramento.
"DEIR" or "Draft EIR" means the Draft EIR for the Project (September 2008). "EIR" means environmental impact report, consisting of both the DEIR and FEIR. "FEIR" or "Final EIR" means the Final EIR for the Project (December 2008), Errata No. 1, December 10, 2008 and Errata No. 2, December 17, 2008. "GHG" means greenhouse gases.
"LOS" means level of service.
"NOP" means notice of preparation.
"NOx" means oxides of nitrogen.
"Plan" means the Airport/Meadowview Community Plan.
"PM10" means fine particulate matter (solid particles less than ten microns in diameter).
"Project" means the Delta Shores Project, as well as the necessary land use entitlements, as granted by the Council.
"Project area" and "Project site" mean that land area encompassed within the Project.
"Record" means the Record of Proceedings hereinafter described in Section IV hereof.

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"SMAQMD" means the Sacramento Metropolitan Air Quality Management District.
"SMUD" means Sacramento Municipal Utility District.
"VMT" means vehicle miles traveled.

4. Findings.

CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. Mitigation measures or alternatives are not required, however, where such changes are infeasible or where the responsibility for the project lies with some other agency. (CEQA Guidelines, Section 15091, sub. (a), (b).) With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines, Sections 15093, 15043, sub.(b); see also Public Resources Code Section 21081, sub.(b).)
In seeking to effectuate the substantive policy of CEQA to substantially lessen or avoid significant environmental effects to the extent feasible, an agency, in adopting findings, need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating approval of a proposed project with significant impacts. Where a significant impact can be mitigated to an "acceptable" level solely by the adoption of feasible mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of any environmentally superior alternative that could also substantially lessen or avoid that same impact - even if the alternative would render the impact less severe than would the proposed project as mitigated. (Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 521; see also Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 730-731; and Laurel Heights Improvement Association v. Regents of the University of California ("Laurel Heights I') (1998) 47 Cal. 3d 376, 400-403.) In these Findings, the City first addresses the extent to which each significant environmental effect can be substantially lessened or avoided through the adoption of feasible mitigation measures. Only after determining that even with the adoption of all feasible mitigation measures an effect is significant and unavoidable does the City address the extent to which alternatives described in the EIR are (i) environmentally superior with respect to that effect, and (ii) "feasible" within the meaning of CEQA.

In cases in which a project's significant effects cannot be mitigated or avoided, an agency, after adopting proposed findings, may nevertheless approve the project if it first Resolution2009-030 January 13, 2009 10
adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the "benefits of the project outweigh the significant effects on the environment." (Public Resources Code, Section 21081, sub.(b); see also, CEQA Guidelines, Sections 15093, 15043, sub.(b).) In the Statement of Overriding Considerations found at the conclusion of these Findings, the City identifies the specific economic, social, and other considerations that, in its judgment, outweigh the significant environmental effects that the Project will cause.

The California Supreme Court has stated that "[t]he wisdom of approving ... any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefor balanced." (Goleta ll (1990) 52 Cal.3d 553 at 576.)
In support of its approval of the Project, the City Council makes the following findings for each of the significant environmental effects and alternatives of the Project identified in the EIR pursuant to Section 21080 of the Public Resources Code and Section '15091 of the CEQA Guidelines:

A. FINDINGS REGARDING POTENTIAL ENVIRONMENTAL IMPACTS

DETERMINED NOT TO BE SIGNIFICANT
These Findings do not address impacts that are considered to be less-than-significant prior to mitigation. These findings therefore do not address the following resource areas because the Council, based upon the FEIR and the entire Record before the Council, finds that no significant impacts occur with respect to them:
a) Aesthetics and Visual Resources: 5.1-1. Development of the proposed project would not have a significantly demonstrable negative aesthetic effect that would substantially degrade the existing visual character or quality of the project site and its surroundings. b) Aesthetics and Visual Resources: 5.1-2. The proposed project would not create significant new sources of light and glare that could adversely affect on-site and adjacent uses.
c) Aesthetics and Visual Resources: 5.1-3. The proposed project would not significantly adversely affect a scenic vista or adopted view corridor.
d) Aesthetics and Visual Resources: 5.1-4. The proposed project, in combination with other development in the City of Sacramento, would not result in a significant demonstrable negative aesthetic effect. e) Aesthetics and Visual Resources: 5.1-5. The proposed project, Resolution 2009-030 January 13, 2009 11
in combination with cumulative development surrounding the project site, could would not create significant new sources of light and glare. f) Omitted.
g) Agricultural Resources: 5.2-3. The proposed project, in conjunction with future development in the city and county, would not significantly affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible uses). h) Air Quality: 5.3-4. The proposed project would not significantly increase traffic volumes that, in turn, would contribute to CO concentrations near roadways and intersections.
i) Air Quality: 5.3-5. Implementation of the proposed project would not result in a substantial increase in the exposure of sensitive receptors to toxic air contaminants.
j) Air Quality: 5.3-6. The proposed project would not generate significant objectionable odors or significantly expose on-site sensitive uses to odors from existing odor sources.
k) Air Quality: 5.3-10. The proposed project, in conjunction with other future development in the project vicinity, would not significantly contribute to CO levels.

I) Air Quality: 5.3-11. The proposed project would not significantly contribute to cumulative increasesin TAC's within the air basin. m) Biological Resources: 5.4-10. Development of the proposed project would not result in the significant loss of individual giant garter snakes and their upland habitat.
n) Biological Resources: 5.4-13. The proposed project, in combination with other construction in the City and region, would not result in the significant regional loss and/or disturbance of protected nesting avian species, including Swainson's hawks and other protected raptors. o) Hydrology and Water Quality: 5.5-1. Construction and operation of the proposed project would not result in the significant degradation of water quality in local and regional receiving waters.
p) Hydrology and Water Quality: 5.5-2. Implementation of the proposed project would not result in a significant increase in the rate and amount of stormwater runoff that could exceed the capacity of the existing stormwater collection infrastructure.

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q) Hydrology and Water Quality: 5.5-3. Implementation of the proposed project would not expose people or property to significant risk of flooding from failure of a levee.
r) Hydrology and Water Quality: 5.5-4. Implementation of the proposed project would not deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or lowering of the local groundwater table level. s) Hydrology and Water Quality: 5.5-5. Implementation of the proposed project, in combination with other development within the City, would not result in a significant increase in the rate and amount of surface and/or stormwater runoff discharged to the City's drainage system that would result in localized flooding.
t) Hydrology and Water Quality: 5.5-6. The proposed project, in combination with other development in the City, would not result in a significantly increased discharge of stormwater runoff containing urban pollutants to local waterways that would adversely affect surface water quality in the lower Sacramento River watershed.
u) Hydrology and Water Quality: 5.5-7. The proposed project, in addition to development in the City, would not expose people or property to a significant risk of flooding from failure of a levee. v) Noise: 5.6-2. Ground-borne vibration from construction activity would not cause significant structural damage to nearby buildings. w) Noise: 5.6-6. Traffic generated by the proposed project, in conjunction with traffic from planned future development in other surrounding areas of the City and County, would not permanently expose sensitive receptors to significantly increased cumulative noise levels from local roadways.
x) Noise: 5.6-7. Traffic generated by the proposed project, in conjunction with traffic from planned future development in other surrounding areas of theCity and County, would not permanently expose sensitive receptorsto significantly increased cumulative noise levels from Interstate 5.
y) Public Services: 5.7-3. The proposed project would result in the constructionof new, or expansion of existing fire facilities, but would not result in significant adverse environmental impacts.
z) Public Services: 5.7-4. The proposed project, in combination Resolution 2009-030 January 13, 2009 13
with other development in the southern portionof the City, would result in the construction of new, or expansion of existing, fire facilities, but would not result in adverse environmental impacts.
aa) Public Facilities: 5.7-5. The proposed project could result in the construction of new, or expansion of existing, school facilities, but would not result in adverse environmental impacts.
bb) Public Facilities: 5.7-6. The proposed project could contribute to the cumulative need for the construction of new or expansion of existing school facilities within the SCUSD service area. The construction or expansion of these facilities would not result in adverse environmental impacts.
cc) Public Facilities: 5.7-7. The proposed project would increase the demand for parks at the project site and in the project vicinity, which could result in the need for additional parks and park facilities, but the construction of which would not result in adverse environmental consequences.
dd) Public Facilities: 5.7-8. The proposed project, in combination with other development projects in the Airport/Meadowview Planning Area, would increase the demand for parks, which could result in the need for additional parks and park facilities, but the construction of which would not result in adverse environmental impacts.
ee) Public Facilities: 5.7-9. The proposed project could result in the construction of new or expansion of existing solid waste facilities, but it would not result in adverse environmental impacts.
ff) Public Facilities: 5.7-10. Solid waste generated by the project, in combination with other development in the City, would not exceed landfill capacity.
gg) Public Utilities: 5.8-1. The proposed project would increase wastewater flows, but would not exceed treatment capacity at the SRWTP and/or wastewater collection infrastructure.
hh) Public Utilities: 5.8-2. The proposed project, in combination with other development in the SRWTP service area, could increase wastewater flows, but would not exceed treatment capacity at the SRWTP and/or wastewater collection infrastructure.
ii) Public Utilities: 5.8-3. The proposed project's demand for potable water would not exceed available sources of water supply.

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jj) Public Utilities: 5.8-4. The proposed project could require the construction of new water supply treatment and/or distribution utilities or the expansion of existing treated water and water distribution systems. kk) Public Utilities: 5.8-5. The proposed project could contribute to cumulative increases in water demand throughout the City.

II) Public Utilities: 5.8-6. The proposed project would contribute to cumulative increases in the need for water supply treatment and/or distribution facilities.
mm) Public Utilities: 5.8-7. The proposed project would increase the demand for electricity that could require the construction of new electrical production or transmission facilities.
nn) Public Utilities: 5.8-8. The proposed project would increase the demand for natural gas that could require the construction of new gas production or transmission facilities.
oo) Public Utilities: 5.8-9. The proposed project, in combination with other development in the City of Sacramento, could exceed the electrical or natural gas supply and transmission capabilities.
pp) Transportation and Circulation: 5.9-11. Under Baseline Plus Project conditions, the project would not adversely affect existing bicycle or pedestrian facilities.
qq) Transportation and Circulation: 5.9-25. Under Cumulative Plus Project conditions, the project would not adversely affect existing bicycle or pedestrian facilities resulting in a less-than-significant cumulative impact.

B. LESS THAN SIGNIFICANT IMAPCTS FOR WHICH MITIGATION IS

RECOMMENDED
The following less than significant environmental impacts of the Project, including cumulative impacts, are being further mitigated and are set out below. Pursuant to section 21081(a)(1) of CEQA and section 15091(a)(1) of the CEQA Guidelines, as to each such impact, the City Council, based on the evidence in the record before it, finds that changes or alterations incorporated into the Project by means of conditions or otherwise, mitigate, avoid or substantially lessen these less than significant environmental impacts of the Project. The basis for the finding for each identified impact is set forth below.

Agricultural Resources
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Impact 5.2-1: Development of the proposed project would not have a significant adverse effect on agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible uses).

Mitigation Measure (from MMP): The following mitigation measure(s) has been voluntarily adopted by the project applicant to address this impact:

MM 5.2-1: The Development Agreement shall include a special condition requiring the preservation of farmland at a 1:1 mitigation ratio by preserving an equal amount of farmland elsewhere in Sacramento County at location(s) approved by the City comprised of Prime Farmland and Farmland of Statewide Importance, prior to the issuance of any grading permit, in order to reduce any impacts arising from the conversion of the current agricultural uses at the project site to urban development. Where mitigation provided pursuant to Mitigation Measure 5.4-3 for the loss of Swainson's hawk foraging habitat also meets the requirements for farmland mitigation, it shall be applied in satisfaction of the foregoing requirement.

Finding: Impacts of the project on agricultural resources would result in the loss of farmland. By requiring the preservation of an equal amount of farmland in Sacramento County, it will be assured that the impacts will remain less than significant. For these reasons, the impact remains less than significant.

Biological Resources
Impact 5.4-10: Development of the proposed project would not result in the loss of individual giant garter snakes and their upland habitat.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-10: The project applicant shall consult with the USFVVS to address potential impacts on giant garter snake (GGS). Due to the minimal area of potential impact, it is likely that the proposed project could be covered under the Programmatic Formal Consultation for U. S. Army Corps of Engineers 404 Permitted Projects with Relatively Small Effects on the Giant Garter Snake within Butte, Colusa, Fresno, Merced, Sacramento, San Joaquin, Solano, Stanislaus, Sutter and Yolo Counties, California. For construction activities within the vicinity of Morrison Creek or the ditch north of the project site, the following avoidance measures shall be implemented consistent with the USFVVS-Standard Avoidance and Minimization Measures During Construction Activities in Giant Garter Snake Habitat:

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n Confine movement of heavy equipment to existing roadways to minimize habitat disturbance.
n Construction shall be restricted to the active season for GGS (mid-March through early October), or as determined in
consultation with the USFWS.
n Construction personnel shall receive Service-approved worker environmental awareness training. This training instructs workers to recognize giant garter snakes and their habitat(s). n 24-hours prior to construction activities, the project area shall be surveyed for giant garter snakes. Survey of the project area should be repeated if a lapse in construction activity of two weeks or greater has occurred. If a giant garter snake is encountered during construction, activities shall cease until appropriate corrective measures have been completed or it has been determined that the giant garter snake will not be harmed.

Any sightings or incidental take will be reported to the Service immediately.

Finding: No occupied giant garter snake habitat was found to be present on the project site. Any potential impacts to the giant garter snake would be avoided by the above mitigation measure, by assuring that any potential impacts remain less than significant by requiring compliance with the USFWS Standard Avoidance and Minimization Measures.

Noise
Impact 5.6-7: Traffic generated by the proposed project, in conjunction with traffic from planned future development in other surrounding areas of the City and County, could permanently expose sensitive receptors to increased cumulative noise levels from Interstate 5.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

5. 6- 7Implement Mitigation Measure 5.6-4:

The project applicant shall have a certified acoustical professional prepare a site-specific analysis for all residential uses fronting both sides of 1-5 that details how exterior noise levels would achieve exterior noise levels less than 65 dB Ldn and interior noise levels less than 45 dB Ldn. The results of the analysis shall be submitted to the City of Sacramento for review and approval and appropriate recommended noise reduction measures/design features shall be incorporated into project design. Noise reduction measures/design features may include, but are not limited to the following:
a) Prior to final design review, all low-density and medium-density Resolution 2009-030 January 13, 2009 17
residences west of 1-5 and medium-density residential residences east of 1-5 (in the 8.62-acre parcel adjacent to 1-5) would be designed and constructed to Title 24 standards which specify that interior noise levels attributable to exterior sources shall not exceed 45 dBA Ldn in any habitable room of new dwellings.
b) Prior to issuance of occupancy permits, the project applicant would construct a sound wall west of the, southbound lane of traffic along 1-5 with a minimum height of 15 feet, that is capable of reducing exterior noise levels below 65 dB Ldn outside the closest residential units. The project applicant would also construct a sound wall for residences proposed north of the interchange (in the 8.62-acre parcel adjacent to 1-5) along the east side of the northbound lane of 1-5 with a minimum height of 15 feet that is capable of reducing exterior noise levels below 65 dB Ldn outside the closest residential units.

Finding: Future study of noise conditions along the 1-5 corridor would ensure that residential interior and exterior noise levels would not exceed allowable maximums. Construction of noise barriers would reduce 1-5 noise levels on adjacent proposed residential units to an acceptable level. For these reasons, the impact remains less than significant.

C. SIGNIFICANT OR POTENTIALLY SIGNIFICANT IMPACTS MITIGATED TO A

LESS THAN SIGNIFICANT LEVEL
The following significant and potentially significant environmental impacts of the Project, including cumulative impacts, are being mitigated to a less than significant level and are set out below. Pursuant to Section 21081(a)(1) of the Public Resources Code and Section 15091(a)(1) of the CEQA Guidelines, as to each such impact, the City Council, based on the evidence in the record before it, finds that changes or alterations incorporated into the Project by means of conditions or otherwise, mitigate, avoid or substantially reduce to a level of less than significance these significant or potentially significant environmental impacts of the Project. The basis for the finding for each identified impact is set forth below.

Agricultural Resources
Impact 5.2-2: Development of the proposed project could result in incompatible land use with adjacent agricultural operations. Without mitigation, this is a significant impact.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.2-2: The project applicant or developer shall provide all future homeowners with a copy of the Right-to-Farm in California included Resolution 2009-030 January 13, 2009 18
in the California Code of Regulations (CCR), Title 3, Sections 3482.5 and 3482.6 that outline allowable farming and agricultural operations.

Finding: Significant impacts of the Project relating to incompatible land use with adjacent agricultural operations will be lessened by informing homeowners with a Right-to-Farm disclosure of the farmers' protected right to continue farming and agricultural operations. With implementation of the mitigation measure, this impact of the Project will be reduced to a less than significant level.

Impact 5.2-4: The proposed project, in conjunction with future development in the City and County, could result in incompatible land use with adjacent agricultural operations.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.2-2: The project applicant or developer shall provide all future homeowners with a copy of the Right-to-Farm in California included in the California Code of Regulations (CCR), Title 3, Sections 3482.5 and 3482.6 that outline allowable farming and agricultural operations.

Finding: Significant impacts of the Project relating to incompatible land use with adjacent agricultural operations will be lessened by informing homeowners with a Right-to-Farm disclosure of the farmers' protected right to continue farming and agricultural operations. With implementation of the mitigation measure, this impact of the Project will be reduced to a less than significant level.

Air Quality
Impact 5.3-1: Construction of the proposed project would generate emissions of ozone precursors.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.3-1(a): The project shall provide a plan, for approval by the lead agency in consultation with the SMAQMD, demonstrating that the heavy-duty (>50 horsepower) off-road vehicles to be used in the construction project, including owned, leased and subcontractor vehicles, would achieve a project wide fleet-average 20% NOx reduction and 45% particulate reduction compared to the most recent CARB fleet average at time of construction. The SMAQMD shall make the final decision on the emission control technologies to be used by the project construction equipment; however, acceptable options for reducing emissions may include use of late model engines, low-emission diesel products, Resolution 2009-030 January 13, 2009 19
alternative fuels, engine retrofit technology, after-treatment products, and/or other options as they become available.

MM 5.3-1(b): The project applicant and/or contractor shall submit to SMAQMD a comprehensive inventory of all off-road construction equipment, equal to or greater than 50 horsepower, that shall be used an aggregate of 40 or more hours during any phase of the construction project. The inventory shall include the horsepower rating, engine production year, and projected hours of use or fuel throughput for each piece of equipment. The inventory shall be updated and submitted monthly throughout the duration of the project, except that an inventory shall not be required for any 30-day period in which no construction activity occurs. At least 48 hours prior to the use of subject heavy-duty off-road equipment, the project applicant and/or contractor shall provide SMAQMD with the anticipated construction timeline, including start date and name and phone number of the project manager and on-site foreman.

MM5.3-1(c): The project applicant and/or contractor shall ensure that emissions from all off-road diesel powered equipment used on the project site do not exceed 40% opacity for more than three minutes in any one hour. Any equipment found to exceed 40% opacity (or Ringelmann 2.0) shall be repaired immediately and SMAQMD shall be notified within 48 hours of identification of non-compliant equipment. A visual survey of all in-operation equipment shall be made at least weekly by contractor personnel certified to perform opacity readings, and a monthly summary of the visual survey results shall be submitted to the SMAQMD throughout the duration of the project, except that the monthly summary shall not be required for any 30-day period in which no construction activity occurs.

The monthly summary shall include the quantity and type of vehicles surveyed as well as the dates of each survey.

MM5.3-1(d): Limit vehicle idling time to five minutes or less.

MM5.3-1(e): In consultation with SMAQMD staff, and prior to the issuance of each grading permit, a construction mitigation fee and appropriate SMAQMD administrative fee shall be calculated and paid to the District based on the number of acres to be graded and the equipment to be used during grading activities. Fees shall be calculated using the Carl Moyer cost effectiveness figure of $16, 000 per ton of NOx, plus the 5% administrative fee, or applicable fee in effect at the time the grading permit is issued.

Finding: Impacts of the Project relating to the generation of ozone precursor emissions during the construction phase of the project would be reduced by requiring the Project applicant and/or contractor to: (i) provide a plan for the reduction of NOx emissions from heavy-duty off-road construction Resolution 2009-030 January 13, 2009 20
vehicles by 20% on a fleet wide level and a particulate reduction of 45% based on CARB fleet averages at the time of construction; (ii) submit a monthly inventory to SMAQMD of all off-road construction equipment equal to or greater than 50 horsepower that will be used an aggregate of 40 or more hours during any phase of construction, and notifying SMAQMD of the construction timeline and contact information for the project manager and on-site foreman; (iii) make weekly surveys to ensure that emissions from all off-road diesel powered equipment do not exceed 40% for more than three minutes in any one hour period, providing such surveys to SMAQMD, and making repairs to any equipment which does not meet that standard with notice to SMAQMD; limit vehicle idling time to five minutes or less; and (iv) paying the SMAQMD construction mitigation fee and SMAQMD administrative fee to fund SMAQMD's air quality mitigation programs. With implementation of the mitigation measures, the construction phase air quality impacts of the Project will thereby be reduced to a less than significant level.

Impact 5.3-2: Construction of the proposed project would generate emissions of particulate matter.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.3-2(a): The project applicant shall limit the project's maximum acreage graded per day to no more than 15 acres or the project applicant shall model the project using a PM modeling program, such as the BEEST or AERMOD models, to determine the full PM impact of the project under the proposed grading acreages. Upon completion of the PM modeling, the results and recommended mitigation measures to reduce PM emissions below SMAQMD thresholds shall be submitted to the City for their approval. If more than 15 acres will be graded per day, dispersion modeling following SMAQMD procedures shall be completed, and mitigation measures shall be approved by the City prior to the issuance of grading permits. In either case, the project applicant shall implement Mitigation Measures 5.3-2(b) through (m) below and other mitigation measures, deemed appropriate, as a result of the PM modeling to reduce local particulate matter concentrations below 50ug/m3 per day.

MM 5.3-2(b): All disturbed areas, including storage piles that are not being actively used for construction purposes, shall be covered or watered with sufficient frequency as to maintain soil moistness.

MM 5.3-2(c): All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or a chemical stabilizer or suppressant.

Resolution2009-030 January 13, 2009 21
MM 5.3-2(d): When materials are transported off-site, they shall be covered, effectively wetted to limit vehicle dust emissions, or maintained with at least 2 feet of freeboard space from the top of the container.

MM 5.3-2(e): All operations shall limit or expeditiously remove the accumulation of project-generated mud or dirt from adjacent public streets at least once every 24 hours when operations are occurring.

MM 5.3-2(f): Following the addition of materials to, or the removal of materials from, the surfaces of outdoor storage piles, the storage piles shall be effectively stabilized of fugitive dust emissions using sufficient water or a chemical stabilizer or suppressant.

MM 5.3-2(g): On-site vehicle speeds on unpaved roads shall be limited to 15 miles per hour.

MM 5.3-2(h): Wheel washers shall be installed for all trucks and equipment exiting from unpaved areas or wheels shall be washed manually to remove accumulated dirt prior to leaving the site.

MM 5.3-2(i): Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from adjacent project areas with a slope greater than 1 percent.

MM 5.3-26): Excavation and grading activities shall be suspended when winds exceed 20 mph.

MM 5.3-2(k): The extent of areas simultaneously subject to excavation and grading shall be limited, wherever possible, to the minimum area feasible.

MM 5.3-2(l): The text of this measure shall be included in all construction plans and specifications.

MM 5.3-2(m): For all future discretionary projects associated with this project, either this measure shall apply, or additional PM analysis shall be required, which may include BEEST modeling if maximum acreage graded per day exceeds the acreage ranges in Table 81 of the SMAQMD Guide.

Finding: Impacts of the Project relating to the generation of particulate matter during the construction phase of the project would be avoided and reduced by requiring the Project applicant to: (a) limit project grading to a maximum of 15 acres per day or performing a PM Modeling program and implementing mitigation measures approved by the City if more than 15 acres is to be graded, in order to reduce local particulate matter Resolution2009-030 January 13, 2009 22
concentrations below 50 ug/m3 per day; (b) cover or water all storage piles that are not being actively used for construction purposes with sufficient frequency as to maintain soil moistness and thereby prevent PM emissions; (c) stabilize all on-site unpaved roads and off-site unpaved access roads with water or a chemical stabilizer or suppressant to prevent PM emissions; (d) when materials are being transported off-site, keep them covered and effectively wetted to limit dust emissions, or maintain them with at least 2 feet of freeboard space from the top of the container to limit dust emissions; (e) limit or expeditiously remove all accumulated project-related mud or dirt from adjacent public streets at least once every 24 hours when construction operations are ongoing to reduce particulate emissions; (f) following the addition of materials to storage piles, or the removal of materials therefrom, the storage piles shall be effectively stabilized to prevent fugitive dust emissions using water or a chemical stabilizer or suppressant; (g) limit on-site vehicle speeds to 15 mph to reduce PM generation; (h) install wheel washers or manually wash the wheels of all trucks and other equipment exiting unpaved areas to remove accumulated dirt prior to leaving the site to reduce PM emissions; (i) install sandbags or other erosion control measures to prevent silt runoff to public roadways from adjacent project areas with a slope greater than 1 percent and thereby prevent and reduce PM emissions; (j) suspend excavation and grading activities when winds exceed 20 mph to reduce and avoid PM emissions; (k) limiting the extent of areas simultaneously being excavated and graded to the minimum area feasible to thereby reduce PM emissions; (I) include the text of these mitigation measures on all construction plans and specifications to reduce PM emissions; and (m) apply these mitigation measures to all future discretionary projects at this project or require additional PM analysis if the maximum acreage graded per day exceeds the ranges found in Table B1 of the SMAQMD Guide in order to reduce PM emissions. With implementation of the mitigation measures, the impacts of the Project will thereby be reduced to a less than significant level.

Impact 5.3-7: Construction of the proposed project combined with other development in the air basin would increase cumulative levels of ozone precursors.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.3-7: Implement Mitigation Measures 5.3-1 (a) through (e).

Finding: Impacts of the Project relating to an increase in cumulative levels of ozone precursors during construction of the project in combination with other development in the air basin would be avoided by implementation of the foregoing mitigation measures. With implementation of the mitigation Resolution 2009-030 January 13, 2009 23
measures, the impact of the Project will thereby be reduced to a less than significant level.

Impact 5.3-8: Construction of the proposed project combined with any other development in the vicinity of the project site would increase cumulative levels of particulate matter.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.3-8: Implement Mitigation Measures 5.3-2(a) through (m).

Finding: Impacts of the Project relating to increases in the cumulative levels of particulate matter from construction of the project and development of other projects in the vicinity would be avoided by requiring compliance with Mitigation Measures 5.3-2(a) through (m) that will reduce the project's particulate matter emissions for the reasons previously noted above. With implementation of the mitigation measures, the impact of the Project will thereby be reduced to a less than significant level.

Biological Resources
Impact 5.4-1: The proposed project would result in the filling or adverse modification of jurisdictional wetlands, non-jurisdictional wetlands, and other "waters of the U.S.,, Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-1(a): The project applicant shall, where feasible, preserve the maximum amount of existing wetlands and establish minimum 250-foot buffers around wetlands with listed species or 50-foot buffers around wetlands without listed species (species presence shall be verified as described in Impact 5.4-3 or assumed). Where wetlands are preserved, a Wetland Avoidance Plan (WAP) shall be prepared by a qualified biologist and submitted to the City for review and approval prior to the issuance of grading permits or any groundbreaking activity. The WAP shall include project designs that shall not cause significant changes to the pre-project hydrology, water quality or water quantity in any wetland that is to be retained on site, and shall include maps and provisions for buffers that will prevent construction equipment, debris and sediment from entering wetland features.

MM 5.4-1(b): Where avoidance of existing wetlands and drainages is not feasible, mitigation measures shall be implemented prior to the approval of grading permits or any groundbreaking activity within 250 feet of wetlands Resolution 2009-030 January 13, 2009 24
for the project-related loss of any existing wetlands, such that there is no net loss of any wetland acreage or habitat value. The required distance can be reduced to 50 feet where determinate surveys have shown no special status species within wetland features.

MM 5.4-1(c): Prior to the issuance of grading permits by the City for any work within 250 feet of wetlands, the project applicant shall acquire all applicable wetland permits. The required distance can be reduced to 50 feet where determinate surveys have shown no special status species within wetland features. These permits may include, but would not be limited to, a Section 404 Wetlands Fill Permit from the U. S. Army Corp of Engineers, a Section 401 Water Quality Certification from the Regional Water Quality Control Board, and/or a Section 1601 Streambed Alteration Agreement from the California Department of Fish and Game.

MM 5.4-1(d): Wetland mitigation shall be developed as a part of the permitting process(es) as described above. Mitigation shall be provided prior to construction related impacts on the existing wetlands. The exact mitigation ratio is variable, based on the type and value of wetlands affected by the project, but agency standards typically require a minimum of 1:1 for preservation and 1:1 for restoration. In addition, unless other mitigation is required by permitting processes that would provide similar or greater mitigation, a wetland mitigation and monitoring plan shall be developed that includes the following:
- Descriptions of the wetland types, and their expected functions and values;
- Performance standards and monitoring protocol to ensure the success of the mitigation wetlands over a period of five to ten years;
- Engineering plans showing the location, size and
configuration of wetlands to be created or restored;
- An implementation schedule showing that construction of mitigation areas shall commence prior to or concurrently with the initiation of construction; and
- A description of legal protection measures for the preserved wetlands (i.e., dedication of fee title, conservation easement, and/or an endowment held by an approved conservation
organization, government agency or mitigation bank).

Finding: Impacts of the project relating to the loss of jurisdictional wetlands, non- jurisdictional wetlands, and other waters of the U.S. will be reduced to a less than significant level through implementation of the foregoing mitigation measures because it will require preservation of existing wetlands to the maximum extent feasible, compensation for any wetlands filled, creation of buffers around preserved wetlands prior to grading and ground breaking, obtaining permits from applicable agencies such as the Resolution 2009-030 January 13, 2009 25
Corps of Engineers, RegionalWater Quality Control Board and California Department of Fish and Game, and adoption of an approved wetland mitigation and monitoring plan for any wetlands preserved as well as any wetlands filled.

Impact 5.4-2: Implementation of the proposed project could result in the disturbance of vernal pool fairy shrimp, vernal pool tadpole shrimp, midvalley tadpole shrimp and California linderiella and their habitat.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-2(a): The project applicant, in consultation with the USFWS, shall either (1) complete surveys for federally listed branchiopods, or (2) assume presence of federally-listed branchiopods in all affected pools where surveys have not been completed. Surveys shall be conducted by qualified biologists in accordance with the most recent USFWS guidelines or protocols to determine the time of year and survey methodology. The survey(s) and subsequent report(s) shall include at a minimum:
- A complete list of species observed in the vernal pools and seasonal wetlands.
- A detailed description of methodology including dates of field visits, the names of survey personnel with resumes and a list of references cited and persons contacted.
- Survey results that include at a minimum:
- A map showing the location(s) of any federally listed branchiopods species identified within the project site. - A detailed description of any identified federally listed branchiopods or populations including information on the density, distribution and habitat quality relative to typical occurrences of the species in question.
- A discussion of the importance of the population(s) with consideration of both nearby populations and total species distribution.
- An assessment of significance related to project impacts on any federally listed branchiopods populations identified on the project site.

MM 5.4-2(b): If surveys within the project site reveal no occurrences of federally listed branchiopods, no further mitigation would be required.

However, if surveys determine that one or more federally listed branchiopod species occur within the project site, or if the project applicant, in consultation with the USFVVS, assumes presence of federally-listed branchiopods in any affected pools, the following measures shall be required for those pools with species surveyed or assumed present. The selected measures may be part of the permitting process.

Resolution 2009-030 January 13, 2009 26
- For every acre of habitat impacted, at least one wetland creation credit shall be dedicated within a USFINS-approved mitigation bank. - For every acre of habitat impacted, at least two wetland preservation credits shall be dedicated within a USFWS-approved mitigation bank.
- The project proponent shall conduct Worker Environmental Awareness Program (WEAP) training for construction crews (primarily crew and foreman) and City inspectors before construction activities begin. The WEAP shall include a brief review of the special status species and other sensitive resources that could occur in the proposed project site (including their life history and habitat requirements and what portions of the proposed project area they may be found in) and their legal status and protection. The program shall also cover all mitigation measures, environmental permits and proposed project plans, such as the SVVPPP, BMPs, erosion control and sediment plan, and any other required plans. During WEAP training, construction personnel shall be informed of the importance of avoiding ground-disturbing activities outside of the designated work area. The designated biological monitor shall be responsible for ensuring that construction personnel adhere to the guidelines and restrictions. WEAP training sessions shall be conducted as needed for new personnel brought onto the job during the construction period.
- The project proponent shall ensure that activities that are inconsistent with the maintenance of the suitability of the remaining wetland habitat and associated watershed on-site are prohibited.

Finding: Impacts of the project relating to its potential impacts on the loss of federally-listed branchiopods and their habitat at the project site would be reduced to a less than significant level because the mitigation measures would provide procedures to avoid impacts to the branchiopods and their habitat and provide compensatory mitigation under the auspices of the USFWS and City for any branchiopods and their habitat lost due to development of the project.

Biological Resources
Impact 5.4-3: Development of the proposed project could result in the loss of foraging habitat for Swainson's hawk and other raptors.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

Resolution2009-030 January 13, 2009 27
MM 5.4-3: Prior to the issuance of grading permits, the project applicant shall preserve an equal amount of suitable raptor foraging habitat, at a 1:1 ratio. Suitable foraging habitat includes fallow land, alfalfa or other low growing crops. Preservation shall occur through the purchase of credits at a CDFG-approved mitigation bank which has the project within its service area, or through the purchase of conservation easements or fee title of lands with suitable foraging habitat within no further than a ten (10) mile radius of the perimeter of the project site, or through any combination of the foregoing. Any habitat identified by the applicant shall be evaluated using the following five criteria in consultation with the CDFG:
i. Does the mitigation parcel provide suitable foraging habitat? ii. Is the parcel located in close proximity to the impacted foraging habitat?
iii. Is the parcel occupied or adjacent to active Swainson's hawk nests?
iv. Is the parcel adjacent to other protected habitat thereby contributing to a larger habitat preserve?
v. Is the parcel outside of areas identified for urban growth? A mitigation plan shall be established and submitted to the City for approval prior to the issuance of grading permits and, at a minimum, shall include confirmation of title and encumbrances, details on mitigation site location, development, maintenance and monitoring. Any easements shall be in compliance with Government Code Section 65965. Land and easements shall be approved by the City in consultation with CDFG.

Finding: Implementation of this mitigation measure would avoid and reduce the impacts to the Swainson's hawk, white tailed kite, burrowing owls and other raptors from the loss of foraging habitat at the project site to a less than significant level because it would preserve an equal amount of foraging habitat at a CDFG-approved mitigation bank which has the project within its service area or with conservation easements or fee title of lands within no further than a ten (10) mile radius of the perimeter of the project boundary, or a combination thereof.

Impact 5.4-4: Implementation of the proposed project could result in the disturbance of nestinghabitat for birds protected by the MBTA.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-4(a): Between March 1 and August 1, the project applicant or developer(s) shall have a qualified biologist conduct nest surveys within Resolution 2009-030 January 13, 2009 28
30 days prior to any demolition/construction or ground disturbing activities that are within X mile of potential nest trees. A pre-construction survey shall be submittedto CDFG and the City of Sacramento that includes, at a minimum:(1) a description of the methodology including dates of field visits, the names of survey personnel with resumes, and a list of references cited and persons contacted; and (2) a map showing the location(s) of raptor and migratory bird nestsobserved onthe project site.

If no active nests of MBTA, CDFG or USFWS covered species are identified then no further mitigation is required.

MM 5.4-4(b): Should active nests of protected bird species be identified in the survey conducted in accordance with Mitigation Measure 5.4-4(a), the applicant, or developer(s), in consultation with the City of Sacramento and CDFG, shall delay construction in the vicinity of active nest sites during the breeding season (March 1 through August 1) while the nest is occupied with adults and/or young. A qualified biologist shall monitor any occupied nest to determine when the nest is no longer used. If the construction cannot be delayed, avoidance shall include the establishment of a non-disturbance buffer zone around the nest site. The size of the buffer zone shall be determined in consultation with the CDFG, but will be a minimum of 100 feet and no more than % mile. The buffer zone shall be delineated with highly visible temporary construction fencing.

MM 5.4-4(c): No intensive disturbance (e.g., heavy equipment operation associated with construction, use of cranes or draglines, new rock crushing activities) or other project-related activities that could cause nest abandonment or forced fledging, shall be initiated within the established buffer zone of an active nest between March 1 and August 1.

MM 5.4-4(d): If demolition/construction activities are unavoidable within the buffer zone, the project applicant shall consult with CDFG and the City to develop CDFG approved appropriate impact reduction and take avoidance measures, which may include retaining a qualified biologist to monitor the nest site or taking any nestlings to a local wildlife rehabilitation center.

Finding: Impacts of the project relating to its disturbance of nesting habitat for birds protected by the MBTA would be reduced to a less than significant level because the proposed mitigation measures would restrict construction activities to times of the year outside of the breeding season to avoid disturbance to nesting birds; if construction cannot be avoided during the breeding season, then a pre-construction nesting survey by a qualified biologist would be required, and if nests are found, then the creation of buffer zones around nest trees to minimize disturbance and the monitoring of those nests by a qualified biologist for disturbance.

Resolution 2009-030 January 13, 2009 29
Impact 5.4-5: Implementation of the proposed project could result in the disturbance of nesting habitat for Swainson's hawks.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-5(a): Prior to any demolition/construction activities that occur between March 1 and September 15 the applicant or developer(s) shall have a qualified biologist conduct surveys for nesting migratory birds on the project site and within a half mile of demolition/construction activities unless the City and CDFG approve a reduced survey area.

Surveys shall be conducted no more than 30 days prior to the start of site disturbance for each phase of the project. If there is a lapse in construction of more than two weeks, new surveys would be required. If no active nests are identified on or within a quarter mile of construction activities, a letter report summarizing the survey results shall be sent to the City of Sacramento and no further mitigation is required.

MM 5.4-5 (b): If active nests are found, measures that will avoid impacts to nesting migratory birds, including measures consistent with the CDFG Staff Report Regarding Mitigation for Impacts to Swainson's Hawks in the Central Valley of California shall be implemented as follows:

1. Nest trees shall not be removed unless there is no feasible way of avoiding their removal.

2. If there is no feasible alternative to removing a nest tree, a Management Authorization (including conditions to offset the loss of the nest tree) shall be obtained from CDFG with the tree removal period (generally between October 1 and
February 1) to be specified in the Management
Authorization.

3. No intensive disturbance (e.g., heavy equipment operation associated with construction, use of cranes or draglines, new rock crushing activities) or other project-related activities that could cause nest abandonment or forced fledging, shall be initiated within half mile or less, as determined by CDFG, (buffer zone as defined in the CDFG Staff Report) of an active Swainson's hawk nest or 500 feet for other nesting birds, between March 1 and September 15 or until August 15 if a Management Authorization or Biological Opinion is
obtained from CDFG for the project. The buffer zone may be reduced in consultation with CDFG.

4. If demolition/construction activities are unavoidable within the buffer zone of an active Swainson's hawk nest site, the project applicant or developer(s) shall consult with the CDFG and the City, and if necessary, obtain an
incidental take permit issued pursuant to Fish and Game Resolution 2009-030 January 13, 2009 30
Code section 2081.

Finding: Impacts of the Project relating to its disturbance of nesting habitat for Swainson's hawks would be reduced to a less than significant level because the proposed mitigation measures would require surveys for nesting Swainson's hawks to confirm the presence of active nests during the appropriate nesting season. If construction activities cannot be avoided during the nesting season, then implementation of the mitigation measures would ensure that active nests are protected by instituting appropriate buffer zones and avoiding or minimizing disturbance to any nesting birds.

Impact 5.4-6: Development of the proposed project could result in the loss of active burrowing owl nest burrows.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-6(a): Prior to the issuance of grading permits, the project applicant shall retain a qualified biologist to conduct a pre-construction burrowing owl survey, in accordance with most current version of the California Burrowing Owl Consortium Burrowing Owl Survey Protocol and Mitigation Guidelines. Surveys shall be conducted no more than 30 days prior to the start of any demolition or construction activities. If no suitable burrows are found, no further mitigation is required. If suitable burrows are found, but no owls are found, all burrows shall be hand-excavated and collapsed prior to project construction. If nesting owls are found, no disturbance shall be allowed within 160-feet of the active nest burrow between February I and August 31. Outside the nesting season, and/or upon confirmation by the qualified biologist, and in consultation with CDFG, that all young have fledged and left an active nest, burrowing owls present in the burrow shall be excluded from the burrow(s) by a qualified biologist through a passive relocation as outlined in the California Burrowing Owl Consortium's April 1993 Burrowing Owl Survey Protocol and Mitigation Guidelines. Once the burrows have been cleared, they must be hand-excavated and collapsed prior to project construction.

MM 5.4-6(b): To offset the loss of foraging and burrow habitat on the project site, and prior to issuance of grading permits, the project proponent shall preserve a minimum of 6.5 acres of foraging habitat (calculated on a 100 m [approx. 300 ft.] foraging radius around the burrow) per pair or unpaired resident bird, in accordance with the most current "California Burrowing Owl Consortium's Burrowing Owl Survey Protocol and Mitigation Guidelines." The protected lands shall be adjacent to burrowing owl habitat and at a location acceptable to the CDFG. Protection of additional habitat acreage per pair or unpaired resident bird may be applicable in some instances. Preservation shall occur through the Resolution 2009-030 January 13, 2009 31
purchase of conservation easements or fee title of lands and any easements shall be in compliance with Government Code Section 65965.

The project proponent shall provide funding for long-term management and monitoring of the protected lands, by way of an endowment account (based on a Property Analysis Record type analysis) that is approved by CDFG. A mitigation and monitoring plan shall be submitted to CDFG and the City for approval and include details on mitigation site location, development, maintenance and monitoring. The monitoring plan shall include success criteria, remedial measures, and an annual report to the Department. This mitigation could overlap with mitigation provided for Swainson's hawk foraging habitat as deemed appropriate by CDFG.

MM 5.4-6(c): If destruction of occupied burrows is unavoidable, the project applicant shall coordinate with CDFG to identify existing suitable burrows located on the protected lands site to be enhanced (enlarged or cleared of debris) or new burrows created (by installing artificial burrows) at a ratio of 2:1.

Finding: Impacts of the Project relating to the loss of active burrowing owl nest burrows would be reduced to a less than significant level by requiring the applicant to conduct surveys for nesting burrowing owls and potential nest burrows to confirm the presence of active nests during the appropriate nesting season. If construction activities cannot be avoided during the nesting season, then implementation of the mitigation measures would ensure that active nests are protected by instituting appropriate buffer zones and avoiding or minimizing disturbance to any nesting burrowing owls, and by providing for the purchase and protection of compensatory lands with suitable burrowing owl nest sites if active nests are lost.

Impact 5.4-7: Development of the proposed project could result in the loss of habitat or potential disturbance of valley elderberry longhorn beetle("VELB").

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-7(a) The proposed project shall be designed to avoid ground disturbance within 100 feet of the dripline of elderberry shrubs identified in the ECORP VELB surveys as having stems greater than or equal to one inch in diameter. The 100 foot buffer could be adjusted in consultation with the USFWS. If avoidance is achieved, a letter report confirming avoidance shall be sent to the City of Sacramento and no further mitigation is required.

MM 5.4-7 (b): If disturbance within 100 feet of the dripline of the elderberry shrub with stems greater than or equal to one inch in diameter is unavoidable, then the project applicant shall retain the services of a qualified biologist to develop a formal VELB mitigation plan in accordance Resolution 2009-030 January 13, 2009 32
with the most current USFINS mitigation guidelines for unavoidable take of VELB habitat pursuant to either Section 7 or Section 10(a) of the Federal Endangered Species Act. Prior to implementation by the applicant the mitigation plan shall be reviewed and approved by the USFVVS.

MM 5.4-7 (c): If the VELB is delisted by the USFWS prior to the initiation of any ground disturbing, demolition, or construction activities, the project applicant shall proceed consistent with any requirements that accompany the VELB delisting notice.

Finding: Impacts of the Project relating to its impacts on the VELB due to loss of habitat or potential habitat would be reduced to a lessthan significantlevel because the proposed mitigation measures would require avoidance of any elderberry bushes with stems equal or greater to one inch in diameter, or if avoidance cannot be achieved, then appropriate mitigation would be required under the most currentUSFWS mitigation guidelines.

Impact 5.4-8: Development of the proposed project would include removal of trees that could be protected by the City of Sacramento Tree Preservation Ordinance.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-8(a): Prior to issuance of grading permits or any groundbreaking activity,whichever comes first, the applicant shall submit all grading and trenching plans to the Urban Forest Services' (UFS) City Arborist for review to ensure protection of Heritagetrees located on site. Along with this plan, a supplemental survey of trees that may be impacted by construction shall be conducted and a report shall be submitted. This survey report shall include the dbh of all potentially impacted trees, which shall be verifiedby the City Arborist. The City Arborist will provide written verification and additional protection measures not available at this time to the City's Development Services Department prior to issuance of the grading permit.

MM 5.4-8(b): Heritage trees identified by the City Arborist both on- and off-site are recommended for preservation to the extent feasible without substantially altering the project site plan. If trees should require removal, the applicant/developer shall obtain authorization through a tree removal permit from the City Urban Forest Services. The project applicant/developer shall coordinate with the City of Sacramento Urban Forest Services Division to identify any trees able to be preserved. If trees are identified for preservation, the applicant/developer shall coordinate with the Urban Forest Services Division in preparation of a preservation plan for any and all trees identified for preservation. The preservation plan shall include, but not be limited to the following measures 5.4-8(b)(i) thru Resolution 2009-030 January 13, 2009 33

5.4-8(b)(xi) to prevent impacts to the trees during construction of the proposed project:
(i) A 6' high cyclone fence shall be installed around each tree at a distance determined by the City Arborist to protect trees from damage. This fencing will define the construction
exclusion zone (CEZ) and no vehicles, construction
equipment, mobile home%ffice, supplies, materials or
facilities shall be driven, parked, stockpiled or located within the CEZ of protected trees. A laminated sign indicating such shall be attached to fencing surrounding trees onsite.

Fencing shall be shown on all construction and preservation plans and shall be installed prior to any construction
activities. The appropriate CEZ distances for trees 173, 186, 109, 110, and 112 were previously determined by the City Arborist. Tree 173 shall require a 20.5' CEZ, tree 186 shall require a 17.5' CEZ, tree 109 shall require a 16.0' CEZ, tree 110 shall require a 19.0' CEZ and tree 112 shall require a

23.5' CEZ, if they are to be preserved.
(ii) Prior to any pruning of heritage trees, the applicant or contractor shall obtain a heritage tree pruning permit from UFS (808-6345). Any required pruning shall be performed by an International Society of Arborculture (ISA) certified arborist. The contractor shall contact the City arborist for a root inspection(s) for trenching activities within the dripline(s) of trees to be saved.
(iii) If during excavation for the project, tree roots greater than two inches in diameter are encountered, work shall stop immediately until the City Arborist can perform an on site inspection. All roots shall be cut clean and the tree affected may require supplemental irrigation/fertilization and pruning as a result of the root cutting. The contractor will be responsible for any costs incurred. Depending upon the
amount of roots encountered and the time of year wet burlap may be required along the sides of the trench.
(iv) The contractor shall be held liable for any damage to existing trees, i.e. trunk wounds, broken limbs, pouring of any
deleterious materials, or concrete washout under the dripline of the trees. Damages will be assessed using the "Guide to Plant Appraisal" eighth edition, published by the International Society of Arborculture. An appraisal report shall be
submitted for review by the City Arborist.
(v) Drainage patterns on the site shall not be modified so that water collects or stands within 8 feet of the trunk of any Heritage tree that is to be preserved.
(vi) No lawn irrigation system shall be installed within 8 feet of the trunk of any Heritage tree that is to be preserved unless Resolution 2009-030 January 13, 2009 34
otherwise approved by Urban Forest Services.
(vii) No planting of landscaping within 6 feet of the trunk of any Heritage tree that is to be preserved unless otherwise
approved by Urban Forest Services.
(viii) No trenching activity within 8 feet of the trunk of any Heritage tree that is to be preserved unless otherwise approved by Urban Forest Services.
(ix) No grading activity within 8 feet of the trunk of any Heritage tree that is to be preserved unless otherwise approved by Urban Forest Services. In the absence of an approved
grading plan, the applicant/developer shall agree to mitigate for the loss of any Heritage tree that the City Arborist determines has been irreparably damaged by grading or
other construction activity.
(x) No impervious surfaces shall be allowed within 8 feet of the trunk of any Heritage tree that is to be preserved unless otherwise approved by Urban Forest Services.
(xi) City Ordinances 12.56.060 (Protection of trees), 12.060.040 (Protection of Heritage trees during construction activities), and 12.064.050 (Maintenance responsibility -Permits for activities affecting Heritage trees) must be followed at all phases of construction. Tree protection methods noted
above shall be identified on all construction plans for the Project.

MM 5.4-8(c): If Heritage trees 173, 186, 109, 110 and 112, or any other heritage trees are unable to be preserved, prior to removal of these trees, the project applicant/developer shall coordinate with City of Sacramento Urban Forest Services Division to obtain the necessary permits for removal of the trees in accordance with the Heritage Tree Ordinance (City Code 12.64). All trees that fall under this category shall have a supplemental survey report prepared, as specified in Mitigation Measure

5.4-8(a). All heritage trees removed shall be mitigated. Mitigation for removed trees can be carried out onsite through the planting and care of young trees as specified by the City Arborist, or through the payment of in lieu fees to the City of Sacramento Urban Forest Services Division at the currently accepted rate. If in lieu fees are paid, verification of payment shall be provided to the Development Services Department. These fees would be used to provide planting and care of replacement trees. If the applicant can provide onsite mitigation, planting will be subject to the following City of Sacramento Urban Forest Services conditions:
• Preparation of a tree mitigation planting plan prepared for review and approval by Urban Forest Services which shall include the following minimum elements:
1) Species, size and locations of all replacement plantings (the plan shall provide adequate planter and canopy space Resolution2009-030 January 13, 2009 35
for the trees to grow to maturity).
2) Method of irrigation.
3) A tree planting detail.
4) Planting, irrigation, and maintenance schedules.
5) Identification of the maintenance entity and a written agreement with that entity to provide care and irrigation of the trees.
-Inspection of nursery stock (prior to planting) by Urban Forest Services. -Post-planting inspection by Urban Forest Services.

Finding: Impacts of the Project relating to the removal of trees subject to the City of Sacramento's Tree Preservation Ordinance would be reduced to a less than significant level because the proposed mitigation measures would require the replacement planting of young trees for all protected trees removed, as well as detailed planting and tree maintenance programs by an entity approved by the City's Urban Forest Services Division to mitigate for the loss of heritage trees, as described in the EIR.

Impact 5.4-9: Construction of the proposed project could adversely affect special- status bats.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-9 (a): Prior to demolition and tree removal activities, the project applicant or developer(s) shall retain a qualified biologist to conduct a focused survey for bats and potential roosting sites within the project site.

If no roosting sites or bats are found within the project site, a letter confirming absence shall be sent to the City of Sacramento and no further mitigation is required.

MM 5.4-9 (b): If bats are found roosting at the site outside of nursery season (May 1 Sr through October I 't), then they shall be evicted as described under (c) below. If bats are found roosting during the nursery or maternity season, then they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or monitoring the roost after the adults leave for the night to listen for bat pups. If the roost is determined to not be a maternal roost, then the bats shall be evicted as described under (c). Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. A 250-foot (or as determined in consultation with CDFG) buffer zone shall be established around the roosting site within which no construction shall occur.

MM 5.4-9 (c): Eviction of bats shall, as specified above, be conducted Resolution 2009-030 January 13, 2009 36
using bat exclusion techniques, developed by Bat Conservation International(BCl) and in consultationwith CDFG, that allow the bats to exit the roosting site but prevent re-entry to the site.This would include, but not be limited to, the installation of one way exclusion devices.The devices shall remain in place for seven days and then the exclusion points and any other potential entrances shall be sealed. This work shall be completed by a Bat Conservation International recommended exclusion professional.

Finding: Impacts of the Project on special-status bats during the Project's construction would be reduced to a less than significant level because the mitigation measures would require surveys for bats to confirm the presence of bats during the appropriate maternity season, and if construction activities cannot be avoided during that season, then they would require appropriate buffer zones to protect the bat colonies and minimize the take of bats.

Impact 5.4-11: The proposed project, in combination with buildout of the City's General Plan and regional buildout assumed in the Sacramento Valley, could result in a regional loss of state and/or federally protected wetlands and wetland species.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-11: Implement Mitigation Measure 5.4-1.

Finding: Impacts of the Project relating to the cumulative loss of wetland resources and wetland species would be reduced to a less than significant level because the proposed mitigation measure would help reduce the severity of the loss of wetlands at the project level through preservation of wetlands at offsite locations, and would therefore be considered cumulatively less than significant.

Impact 5.4-12: The proposed project, in combination with buildout of the City's General Plan and regional buildout assumed in he Sacramento Valley, could result in a regional loss of Swainson's hawk foraging habitat and other protected raptors.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-12: Implement Mitigation Measure 5.4-3.

Finding: Impacts of the Project relating to the cumulative regional loss of foraging habitat for the Swainson's hawk and other raptors by reducing the severity of the loss of foraging habitat at the project level, through preservation of foraging habitat at offsite locations in order to reduce the Project's impacts Resolution 2009-030 January 13, 2009 37
to a cumulatively less than significant level.

Impact 5.4-14: The proposed project, in combination with buildout of the City's General Plan, could result in the regional loss and/or disturbance of burrowing owls and their habitat.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-14: Implement Mitigation Measure 5.4-5.

Finding: Impacts of the Project relating to its contribution to the regional cumulative loss of burrowing owls and their habitat would be avoided by the foregoing mitigation measure because it would require the avoidance of active burrows during the nesting season and require the purchase of burrowing and foraging habitat for burrowing owls and allow for the passive removal of burrowing owls after all nestlings have fledged. As a result, it would reduce the Project's impacts to a less than significant level.

Impact 5.4-15: The proposed project, in combination with buildoutof the City's General Plan and regional buildout assumed in the SacramentoValley, could result in the regional loss and/or disturbanceof VELB and its habitat.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-15: Implement Mitigation Measure 5.4-6(a) through (d).

Finding: Impacts of the Project relating to cumulative impacts on the regional loss of VELB and its habitat would be avoided and reduced to a less than significant level by requiring the Project applicant/developer to comply with Mitigation Measure 5.4-6 (a) through (d).

Impact 5.4-16: The proposed project, in combination with buildout of the City's General Plan, could result in the regional loss and/or disturbance of protected bats and their habitat.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.4-16: Implement Mitigation Measure 5.4-8.

Finding: Impacts of the Project relating to contributing to the regional loss and/or disturbance of protected bats and their habitat at the Project site would be reduced to a less than significant level by requiring the Project applicant/developer to comply with Mitigation Measure MM 5.4-8 above Resolution 2009-030 January 13, 2009 38
because they would restrict construction activities to times of the year outside of the nursery season to avoid disturbance to roosting sites.

Although eviction of a maternal roost cannot occur during the nursery season, eviction of non-maternal roosts can occur following the bat exclusion techniques, developed by Bat Conservation International (BCI) and in consultation with CDFG.

Cultural Resources (from Initial Study)
Impact-Cultural Resources: Earth-disturbing construction activities such as site clearing, grading or trenching could uncover previously undiscovered paleontological resources or human remains.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:
14-1 Should paleontological resources be encountered during project-related earth-disturbing construction activities, all ground-disturbing activity within 100 feet of the discovery shall be halted, and the City of Sacramento Development Services Department shall be notified. The project applicant shall retain a paleontological professional to evaluate the find. Mitigation shall be conducted as follows:

1. Identify and evaluate paleontological resources by intense field survey where impacts are considered high;

2. Assess effects on identified sites;

3. Consult with the institution/academic paleontologists conducting research investigations within the geological formations that are slated to be impacted;

4. Obtain comments from the researchers; and

5. Comply with researchers' recommendations to address any significant adverse effects where determined by the City to be feasible.
14-2 The project applicant shall hire a qualified archaeologist to perform test trenching in the area of the former Russian Embarcadero to determine if there are subsurface features or deposits associated with this era that remain. If cultural resources are uncovered during test trenching data recovery or other methods determined adequate by a qualified archaeologist and that are consistent with the Secretary of the Interior's Resolution 2009-030 January 13, 2009 39
Standards for Archaeological Documentation shall be implemented in order to ensure that resources are not significantly impacted. 14-3 The project proponent shall hire a qualified archaeologist to monitor all ground disturbing activities in the vicinity of the former Russian Embarcadero and the dairy complex. If cultural resources are uncovered during construction Mitigation Measure 14-1 shall be implemented. 14-4 In the event that any prehistoric or historic subsurface archaeological features or deposits, including locally darkened soil ("midden') that could conceal cultural deposits, animal bone, obsidian, and/or mortar are discovered during construction-related earth-moving activities, all ground- disturbing activity within 100 feet of the resources shall be halted and the City of Sacramento Development Services Department shall be notified.

The Development Services Department shall consult with a qualified archeologist to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less-than-significant level through data recovery or other methods determined adequate by a qualified archaeologist and that are consistent with the Secretary of the Interior's Standards for Archaeological Documentation.
14-5 If human remains are discovered at any project construction sites during any phase of construction, all ground-disturbing activity within 50 feet of the remains shall be halted immediately, and the City of Sacramento Development Services Department and the County coroner shall be notified immediately. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project proponent shall also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The County Coroner shall be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of State law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The project applicant shall implement approved mitigation, to be verified by the City of Sacramento Development Services Department, before the resumption of ground-disturbing activities within 50 feet of where the remains were discovered.

Finding: Mitigation measures 14-1 through 14-5, inclusive, would require a site survey prior to construction, and monitoring of the site during construction, by a qualified archaeologist. The mitigation measures also require cessation of work in the event remains are discovered. These measures Resolution 2009-030 January 13, 2009 40
would reduce the impact to Cultural Resources to a less than significant level.

Hazards (from Initial Study)
Impact - Hazards: The Phase I ESA found several recognized environmental conditions (REC) that could affect near-and subsurface soils beneath the project site, and which could be released during project construction. These could result in a release of hazardous material into the environment and expose people to hazardous materials.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:
9-1 Prior to the issuance of grading permits at the subject property, a Phase ll ESA shall be prepared by the project applicant, as recommended in the Phase I Environmental Site Assessment, Delta Shores, Sacramento, California, prepared by Toxichem Management Systems, Inc., February 21, 2007. The Phase ll ESA shall provide additional information regarding the recognized environmental conditions (RECs) present at the subject property, determine whether the RECs pose. a threat during project construction and/or operation, and recommend additional steps that should be taken to identify and control hazards that could pose a risk to construction workers and future occupants, including residents, children, visitors and workers. Such actions shall include, but would not be limited to, soil and groundwater testing and data evaluation, remediation, or physical and/or institutional controls to effectively manage contaminants to levels that would not pose a human health or environmental risk. 9-2 If the results of the Phase 11 ESA indicate the need for remediation or risk management, a work plan that describes how hazards will be managed shall be prepared by a qualified professional and submitted to the City in conjunction with any applications for a grading permit. The need for a site- specific risk assessment, use of target screening levels, and development (if required) of risk-based cleanup levels shall be addressed in the work plan. The City shall not issue grading permits until all identified hazards are managed in accordance with the work plan approved by the City and the Sacramento County Environmental Management Department (SCEMD). The work plan shall address how hazards to construction workers, future occupants, and visitors will be minimized. The work plan shall identify the specific environmental controls that must be in place to manage air emissions from soil or groundwater remediation, stormwater runoff controls from remediation sites, a health and safety plan, and on- and off-site movement, transport, and/or disposal of soil and groundwater in accordance with state and local laws and regulations. In addition, the City shall ensure grading/construction contracts specifically include any notifications or restrictions that pertain to the potential for encountering contaminants in soil or groundwater. The need for reporting releases to, Resolution 2009-030 January 13, 2009 41
or further consultation and/or approvals from the Department of Toxic Substances Control and/or Regional Water Quality Control Board, shall be determined by the City in accordance with established regulations. 9-3 In the event that previously unidentified soil or groundwater contamination, USTs, or other features or materials that could present a threat to human health or the environment are discovered during excavation and grading or construction activities, all construction within the project site shall cease immediately, and the applicant shall retain a qualified professional to evaluate the type and extent of the hazardous materials contamination and make appropriate recommendations, including, if necessary, the preparation of a site remediation plan. Pursuant to Section 25401.05 (a)(1) of the California Health and Safety Code, the plan shall include: a proposal in compliance with applicable law, regulations, and standards for conducting a site investigation and remedial action, a schedule for the completion of the site investigation and remedial action, and a proposal for any other remedial actions proposed to respond to the release or threatened release of hazardous materials at the property. Work within the project site shall not proceed until all identified hazards are managed to the satisfaction of the City and the SCEMD.

Finding: Mitigation measures 9-1 through 9-3, inclusive, would require the preparation of a Phase II ESA to identify additional information regarding the recognized RECs present at the project site, determine their severity, and recommend additional mitigation, if necessary. The adopted mitigation measures also require cessation of work in the event previously unidentified hazards are discovered during excavation, grading, or construction. These measures would reduce the exposure of sensitive receptors to hazardous materials to a less than significant level.

Noise
Impact 5.6-1: Construction of the Proposed Project could temporarily expose existing sensitive receptors to increased noise levels.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.6-1: The project contractor(s) shall ensure that the following measures are implemented during all phases of project construction:
(a) Whenever construction occurs on parcels adjacent to existing off-site residential neighborhoods or schools or when it occurs during later project stages on parcels near residential and other noise- sensitive uses built on-site during earlier project stages, temporary barriers shall be constructed around the construction sites to shield the ground floor and lower stories of the noise-sensitive uses. These barriers Resolution 2009-030 January 13, 2009 42
shall be of % inch Medium Density Overlay (MDO) plywood sheeting, or other material of equivalent utility and appearance, and shall achieve a Sound Transmission Class of STC-30, or greater, based on certified sound transmission loss data taken according to ASTM Test Method E90.

The barrier shall not contain any gaps at its base or face, except for the site access and surveying openings. The barrier height shall be designed to break the line-of-sight and provide at least a 5 dBA insertion loss between the noise producing equipment and the uppermost story of the adjacent noise-sensitive uses. If, for practical reasons, which are subject to the review and approval of the city, a barrier cannot be built to provide noise relief to the upper stories of nearby noise-sensitive uses, then it must be built to the tallest feasible height.
(b) Construction activities shall comply with the City of Sacramento Noise Ordinance which limits such activity to the hours of 7:00 a.m. to 6:00 p.m. Monday through Saturday, the hours of 9:00 a.m. to 6:00 p.m. on Sunday, prohibits nighttime construction, and requires the use of exhaust and intake silencers for construction equipment engines. (c) Construction equipment staging areas shall be
located as far as possible from residential areas while still serving the needs of construction contractor(s). Prior to the approval of all construction related permits, including grading permits, improvement plans, and building permits, a plan must be submitted fro approval to the City showing the proposed location of all staging areas. This plan may be included with grading permit, improvement plan, and building permit submittals (i.e., it may be included in improvement plans) and can be reviewed and approved concurrently with permits,
(d) High noise activities, such as jackhammers, drills, impact wrenches and other generators of sporadic noise peaks, shall be restricted to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday, unless it can be proved to the satisfaction of the City that the allowance of Saturday work on certain onsite parcels (i.e., those as far from noise- sensitive uses as possible) would not adversely affect nearby noise- sensitive receptors. Prior to any such work outside of the specified hours, the applicant shall obtain written approval from the City.

Finding: Impacts of the Project's construction related noise on existing sensitive receptors from increased construction noise levels would be reduced to a less than significant level by shielding construction activities and staging construction equipment away from residential and school uses, limiting construction hours to daytime hours, and requiring use of exhaust and intake silencers on construction equipment. These measures would reduce the noise exposure of sensitive noise receptors on and off the project site to the maximum extent feasible and ensure that excessive disturbance to nearby receptors would not occur.

Impact 5.6-4: Operation of the proposed Project could permanently expose sensitive Resolution 2009-030 January 13, 2009 43
receptors to increased traffic noise levels from Interstate 5.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.6-4: The project applicant shall have a certified acoustical professional prepare a site-specific analysis for all residential units fronting on both sides of 1-5 that details how exterior noise levels would achieve exterior noise levels less than 65 dB Ldn and interior noise levels less than 45 dB Ldn. The results of the analysis shall be submitted to the City of Sacramento for review and approval and appropriate recommended noise reduction measures/design features shall be incorporated into project design. Noise reduction measures/design features may include, but are not limited to the following:
(a) Prior to final design review, all low-density and medium- density residences west of 1-5 and medium-density residences east of 1-5 (in the 8.62 acre parcel adjacent to 1-5) would be designed and constructed to Title 24 standards which specify that interior noise levels attributable to exterior sources shall not exceed 45 dBA Ldn in any habitable room of new dwellings.
(b) Prior to issuance of occupancy permits, the project applicant would construct a sound wall west of the southbound lane of traffic along 1-5 with a minimum height of 15 feet, that is capable of reducing exterior noise levels below 65 dB Ldn outside the closest residential units. The project applicant would also construct a sound wall for residences proposed north of the interchange (in the 8.62 acre parcel adjacent to 1-5) along the east side of the northbound lane of I-5 with a minimum height of 15 feet that is capable of reducing exterior noise levels below 65 dB Ldn outside the closest residential units.

Finding: Impacts of the Project relating to traffic noise impacts from Interstate 5 on the project's residential units nearest the freeway would be avoided by requiring the construction of 15-foot high soundwalls, requiring a site- specific analysis of noise impacts by a qualified acoustical professional, and requiring the incorporation of the recommended noise reduction measures in project design to reduce noise. These measures would reduce the noise exposure of sensitive noise receptors on and off the project site to a less than significant level.

Impact 5.6-5: Operation of the proposed Project could permanently expose sensitive receptors on the project site to increased noise produced by both on-site and off-site stationary and mobile sources.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

Resolution 2009-030 January 13, 2009 44
MM 5.6-5(a): Prior to the issuance of building permits, the applicant shall submit engineering and acoustical specifications for project mechanical HVAC equipment to the Planning Director (or their designee) demonstrating that the equipment design (types, location, enclosure, specifications) would control noise from the equipment to at least 10 dBA below existing ambient noise levels at nearby residential and other noise sensitive land uses.

MM 5.6-5(b): Garbage storage containers and retail/commercial building loading docks shall be placed to allow adequate separation to shield adjacent residential or other noise-sensitive uses. If the placement of garbage storage containers or loading docks away from noise-sensitive uses is not feasible, these noise-generating areas shall be enclosed or acoustically shielded to reduce noise-related impacts to these noise- sensitive uses. The location of garbage storage containers and loading docks shall be shown on building plans reviewed by the City. If these noise-generating structures will be located near sensitive uses, a plan shall be submitted to the City for review and approval, demonstrating adequate acoustical shielding to reduce noise-related impacts to an appropriate level.

MM 5.6-5(c) Noise generating stationary equipment associated with proposed commercial and/or office uses, including portable generators, compressors, and compactors shall be enclosed or acoustically shielded to reduce noise-related impacts to noise-sensitive residential uses. Such shielding shall be detailed in all plans submitted to the City for approval which include these equipment types.

MM 5.6-5(d) Prior to tentative map approval, the project applicant shall have a certified acoustical professional prepare a site-specific analysis for residential uses adjacent to the Sacramento Job Corps facility that details how exterior noise levels would achieve exterior noise levels less than 65 dB Ldn and an interior noise level of less than 45 dB Ldn.

The results of the analysis shall be submitted to the City of Sacramento for review and approval and appropriate recommended noise reduction measures/design features shall be incorporated into project design and be printed on all construction documents. Noise reduction measures/design features shall include, but are not limited to the following:
- All residences immediately west of the Sacramento Job Corps facility shall be designed and constructed to Title 24 standards which specify that interior noise levels attributable to exterior sources shall not exceed 45 dB CNEL in any
habitable room of new dwellings.
- The project applicant shall construct a rear-yard sound wall of adequate height and building specifications, as
determined by the acoustical professional, between
Resolution2009-030 January 13, 2009 45
residential uses located adjacent to the Sacramento Job Corps facility that would reduce exterior noise levels to less than 65 dB Ldn and interior noise levels to less than 45 dB Ldn.
- All prospective buyers shall be informed of the operational activities that occur at the Sacramento Job Corps facility site and the noise levels associated with those activities. All residential contracts shall include a disclosure statement that a purchaser lessee, or transferee signs at the time of sale, purchase contract of sale, transfer or lease of real property.

Finding: Impacts on sensitive noise receptors at the Project from onsite and offsite stationary and mobile noise sources would be avoided by requiring that commercial and/or office uses install noise attenuation devices and/or placement of stationary noise generating equipment to ensure that noise levels meet or exceed the legal requirement of the Sacramento Municipal Code, as well as requiring that residences near the Sacramento Job Corps facility achieve exterior noise levels of 65 dB Ldn and interior noise levels of 45 dB Ldn. These measures would reduce the noise exposure of sensitive noise receptors to a less than significant level.

Public Services
Impact 5.7-1: The proposed Project could result in the construction of new, or expansion of existing, police facilities, which could result in adverse environmental impacts.

Mitigation Measure(from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.7-1: Prior to the issuance of building permits, the project developer shall enter into a funding agreement with the City of Sacramento Department of Development Services to pay its fair share contribution toward the development of the Sacramento Police Department's new Meadowview Area facility. The fair share contribution for the proposed project has been determined to be $1,182,000.00 per the City. Implementation of this funding agreement shall be monitored by the City's Planning Department.

Finding: Impacts arising from the construction of new, or expansion of existing, police facilities arising from the project's need for police services would be avoided by requiring that the project developer enter into an agreement with the City to pay its fair share contribution toward the City's cost of providing those facilities, which fair share has been determined to be $1,182,000.00. The agreement shall be entered into prior to the issuance of any building permits. These measures would reduce this impact to a Resolution2009-030 January 13, 2009 46
less than significant level.

Impact 5.7-2: The proposed Project, in combination with other development in the City, could result in the construction of new, or expansion of existing police facilities, which could result in adverse environmental impacts.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.7-2: Implement Mitigation Measure 5.7-1.

Finding: Impacts arising from the need for the construction of new, or expansion of existing, police facilities arising from the project's contribution to the cumulative need for police services would be avoided by requiring that the project developer enter into an agreement with the City to pay its fair share contribution toward the City's cost of providing those facilities, which fair share has been determined to be $1,182,000.00. The agreement shall be entered into prior to the issuance of any building permits. These measures would reduce this significant cumulative impact to a less than significant level.

Transportation and Circulation
Impact 5.9-1: Implementation of the proposed Project would result in an increase in traffic levels.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-1: The project applicant shall be required to develop the Delta Shores Finance Plan for review and approval by the City before project approval. The plan shall identify the financing mechanisms for all feasible transportation improvements defined as mitigation measures including, but not limited to, new roadways, roadway widening, traffic signals and public transit. The project applicant shall coordinate preparation of the finance plan with the City of Sacramento. All mitigation measures with "fair share" contributions would be implemented through the proposed financing mechanism(s) indicated in the finance plan or by some other mechanism as determined by the City of Sacramento. The City shall adopt the Delta Shores Finance Plan at the time the project is considered for approval.

Finding: Impacts arising from the project's contribution to increased traffic volumes on the transportation system in the vicinity of the project area would be avoided by requiring the creation and City approval of the Delta Shores Finance Plan to provide financing mechanisms that will pay for the Resolution 2009-030 January 13, 2009 47
construction of all feasible transportation improvements defined as mitigation measures, such as new roadways, roadway widening, traffic signals and public transit. These actions would reduce this impact to a less than significant level.

Impact 5.9-2: Implementation of the proposed Project under Near-Term plus Pre- Interchange Scenario would affect the Meadowview Road/Freeport Boulevard Intersection.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-2: The project applicant shall construct an exclusive eastbound right turn lane at the intersection of Meadowview Road/Freeport Boulevard. This improvement has to be in place at the time when building permits for 200 dwelling units have been issued.

Finding: Project impacts arising from the reduction in LOS D to LOS E during the PM peak hour at the Meadowview Road/Freeport Boulevard intersection would be avoided by requiring the project applicant to construct an exclusive eastbound right turn lane to improve traffic flow at the intersection, thereby reducing delay and restoring LOS D. This action would reduce the significant impact to a less than significant level.

Impact 5.9-3: Implementation of the proposed Project under Near-Term plus Pre- Interchange Scenario could affect existing transit operations.

Mitigation Measure(from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-3: The project applicant shall coordinate with Regional Transit to provide transit facilities to serve the project area. The project applicant, in coordination with Regional Transit, shall also identify the specific locations of sheltered transit stops with bus turnouts. The City of Sacramento Traffic Engineering Division, working in conjunction with Regional Transit, shall approve the location, design, and implementation timing of the sheltered transit stops and bus turnouts prior to the issuance of building permits. Construction of these onsite bus stop facilities shall be phased consistent with the phased development of the project. Once demand for public transit services reached 50 service requests, the project applicant shall work with Regional Transit to begin to provide transit services and shall increase those services in proportion to the development levels and increased ridership levels occurring on the project site. Final design and operation of the transit service will be subject to the approval of the City and other proposed operating agencies (e.g., RT).

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Finding: Project impacts on existing transit operations would be avoided by requiring the project applicant to coordinate the provisions of transit facilities in the Project area with Regional Transit so that bus stops and bus turnouts are phased consistent with the phased development of the Project. This would reduce the project's contribution to this impact to a less than significant level.

Impact 5.9-5: Under the Near-Term plus Pre-Interchange Scenario, Project construction could increase construction-related traffic on existing roadways.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-5: Before issuance of grading permits for the project site, the project applicant shall prepare a detailed Traffic Management Plan that would be subject to review and approval by the City Department of Transportation, Caltrans, and local emergency service providers including the City of Sacramento fire and police departments. The plan shall ensure that acceptable operating conditions on local roadways and freeway facilities are maintained. At a minimum, the plan shall include:
- The number of truck trips, time, and day of street closures - Time of day of arrival and departure of trucks
- Limitations on the size and type of trucks, provision of a staging area with a limitation on the number of trucks that can be waiting - Provision of a truck circulation pattern
- Provision of driveway access plan so that safe vehicular, pedestrian, and bicycle movements are maintained (e.g., steel plates, minimum distances of open trenches, and private vehicle pick up and drop off areas)
- Maintain sate and efficient access routes for emergency vehicles - Manual traffic control when necessary
- Proper advance warning and posted signage concerning street closures
- Provisions for pedestrian safety
- A copy of the construction traffic management plan shall be submitted to local emergency response agencies and these agencies shall be notified at least 14 days before the
commencement of construction that would partially or fully obstruct roadways.

Finding: Impacts from the Project's construction on existing roadways and freeway facilitieswould be avoided by requiring the project applicant to prepare and submit for approval by the City Department of Transportation, Caltrans and local emergency service providers a construction management plan with minimum specified construction operating requirements as noted in MM 5.9-5 in order to assure that acceptable Resolution2009-030 January 13, 2009 49
roadway and freeway operating conditions are maintained during the Project's construction. This would reduce the Project's impact to a less than significant level.

Impact 5.9-6: Implementation of the Project under Baseline plus Project conditions could affect the Meadowview Road/Freeport Boulevard intersection.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-6: The project applicant shall construct an exclusive southbound right turn lane at the intersection of Meadowview Road/Freeport Boulevard before completion of development that would generate 80 percent of the PM peak hour project traffic, assuming construction of the 1-5/Cosumnes River boulevard interchange and the Cosumnes River Boulevard Extension west to Freeport Boulevard.

Finding: Impacts from the Project's PM peak hour traffic on the Meadowview Road/Freeport Boulevard intersection would be avoided or lessened by requiring the construction of an exclusive southbound right turn lane in order to restore acceptable traffic flow conditions at the intersection. This would reduce the Project's impact to a less than significant level.

Impact 5.9-8: Under Baseline plus Project conditions, the Meadowview Road/Manorside Drive intersection may exceed the peak hour traffic signal warrant.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-8 The project applicant shall install a traffic signal at the Meadowview Road/Manorside Drive intersection before completion of development that would generate 70 percent of the PM peak hour project traffic, assuming construction of the l-5/Cosumnes River Boulevard interchange and the Cosumnes River Boulevard Extension west to Freeport Boulevard.

Finding: Impacts from the Project's AM and PM peak hour traffic on the Meadowview Road/Manorside Drive intersection would be avoided by requiring the construction of a traffic signal at the intersection when 70 percent of the Project's PM peak hour traffic is generated because the traffic signal would restore operation of this intersection to LOS B during the AM and PM peak hours. This would reduce the Project's impact to a less than significant level.

Impact 5.9-10: Under Baseline plus Project conditions, the Project would have a significant impact on existing transit operations.

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Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-10: The Project applicant shall coordinate with Regional Transit to provide transit facilities to serve the Project area. This may include, but not be limited to, creating new bus routes or/add rerouting existing bus services through the Project area to connect the Project site with the future light rail station at Morrison Creek or to Meadowview station or to downtown Sacramento. The Project applicant in coordination with Regional Transit, shall also identify the specific locations of sheltered transit stops with bus turnouts. The City of Sacramento Traffic Engineering Division, working in conjunction with Regional Transit, shall approve the location, design, and implementation timing of the sheltered transit stops and bus turnouts prior to the issuance of building permits.

Construction of these on-site bus stop facilities shall be phased consistent with the phased development of the Project. Once demand for public transit services reaches 50 service requests, the Project applicant shall coordinate to begin to provide private transit services and shall increase those services in proportion to the development levels and increased ridership levels occurring on the project site. Final design and operation of the transit service would be subject to the approval of the City and other proposed operating agencies (e.g., RT).

Finding: Impacts of the Project on existing public transit operations would be avoided by requiring the construction of on-site bus stop and shelter facilities, as well as requiring the project applicant to provide phased transit service as the Project is built subject to the approval of the City and other proposed operating agencies. This would reduce the Project's impact to a less than significant level.

Impact 5.9-12: Under Baseline plus Project conditions, the proposed Project would have a significant impact on existing roadways based on the routing of construction traffic.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-12: Implement Mitigation Measure 5.9-5
Finding: Impacts of the Project's construction activities on the transportation network near the Project site would be avoided by requiring the preparation and implementation of a Construction Traffic and Parking Management Plan, subject to the approval of the City traffic engineer, to reduce this impact from the Project's construction. This would reduce the Project's impact to a less than significant level.

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Impact 5.9-15: Under Cumulative Plus Project conditions, the Meadowview Road/Freeport Boulevard intersection could be impacted by the Project.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-15: The project applicant shall pay a fair share towards the addition of a second exclusive southbound left turn lane, an exclusive southbound right turn lane, and shall pay a fair share to recover costs for the City's Traffic Operations center monitoring and retiming of modifications to the traffic signal to provide an overlap phase for the southbound right turn/eastbound left turn movements at the intersection of Meadowview Road/Freeport Boulevard.

Finding: Impacts of the Project's traffic on the Meadowview Road/Freeport Boulevard intersection under Cumulative Plus Project conditions would be avoided by requiring the project applicant to fund a fair share of the cost to construct an additional second exclusive southbound left turn lane, an exclusive southbound right turn lane, and retiming of the traffic signals at the intersection to improve traffic flow and restore theLOS to LOS C. This would reduce the Project's impact to a lessthan significantlevel.

Impact 5.9-17: Under Cumulative plus Project conditions, the Mack Road/Franklin Boulevard intersection could be impacted by the Project.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-17: The Project applicant shall pay a fairshare to cover costs for the City's Traffic Operations Center monitoring and retiming of the traffic signal to provide an overlap phase for the eastbound right- turn/northbound left-turn movements at the intersection of Mack Road/Franklin Boulevard.

Finding: Impacts of the Project's traffic on the Mack Road/Franklin Boulevard intersection under Cumulative Plus Project conditions would be avoided by requiring the project applicant to fund a fair share of the cost to monitor and retime the traffic signal because it would result in the intersection operating at LOS D during the PM peak hour and there would be less than a5 second delay during the AM and PM peak hour. This would reduce the Project's impact to a less than significant level.

Impact 5.9-18: Under Cumulative plus Project conditions, the Cosumnes River Boulevard/Franklin Boulevard intersection could be impacted by the Project.

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Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-18 The project applicant shall pay a fair share towards the addition of a second exclusive northbound left-turn lane at the intersection of Cosumnes River Boulevard/Franklin Boulevard.

Finding: Impacts of the Project's traffic on the Cosumnes River Boulevard/Franklin Boulevard intersection under Cumulative Plus Project conditions would be avoided by requiring the Project applicant to fund a fair share of the cost to construct a second exclusive northbound left-turn lane at the intersection of Cosumnes River boulevard/Franklin Boulevard because while it would not change the LOS, it would result in a less than five second increase in delay during the AM and PM peak hour. This would reduce the Project's cumulative impact to less than significant.

Impact 5.9-19: Under Cumulative plus Project conditions, the Cosumnes River Boulevard/Freeport Boulevard intersection could be impacted by the Project.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-19: The Project applicant shall pay a fair contribution toward the construction of the Cosumnes River Boulevard/Freeport Boulevard intersection as defined in the Delta Shores Finance Plan.

Finding: Impacts of the Project's traffic on the Cosumnes River Boulevard/Freeport Boulevard intersection under Cumulative Plus Project conditions would be avoided by requiring the Project applicant to fund a fair share of the cost to construct the Cosumnes River Boulevard/Freeport Boulevard intersection and modify the traffic signal to provide overlap phasing for the northbound right-turn/westbound left-turn movements so the intersection would operate at LOS D during the PM peak hour. This would reduce the Project's contribution to this cumulative impact to a less than significant level.

Impact 5.9-21: Under Cumulative plus Project conditions, the Meadowview Road/Manorside Drive intersection could be impacted by the Project.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-21: Implement Mitigation Measure 5.9-8.

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Finding: Impacts of the Project's traffic on the Meadowview Road/Manorside Drive intersection under Cumulative Plus Project conditions would be avoided by requiring the Project applicant to implement Mitigation Measure 5.9-8 because it would result in the intersection operating at LOS B during the AM and PM peak hours, and therefore reduce this cumulative impact to less than significant.

Impact 5.9-22: Under Cumulative plus Project conditions, the 1-5 SB Off-Ramp at Cosumnes River Boulevard - queues could be impacted by the Project.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-22: The project applicant shall pay a fair contribution toward the construction of the interchange as defined in the Delta Shores Finance Plan and the cost of widening the southbound off ramp and 1-5 overcrossing additional eastbound lane.

Finding: Impacts of the Project's traffic on the length of vehicle queues at the 1-5 and Cosumnes River Boulevard off-ramp would be avoided or lessened because the Project applicant would be required to pay for a share of the cost to widen the southbound off ramp and 1-5 overcrossing with an additional eastbound lane, and thereby reduce this cumulative impact to less than significant.

Impact 5.9-24: Under Cumulative plus Project conditions, the Project would have a significant impact on existing transit operations.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-24: Implement Mitigation Measure 5.9-90.

Findings: Impacts of the Project's traffic on existing transit operations would be avoided by MM 5.9-24 and MM 5.9-10 because they would require the Project applicant to provide on-site bus stop and shelter facilities on the site plan subject to the approval of the City's Department of Transportation-Traffic Engineering Division; and provide for new bus routes and/or rerouting of existing bus services through the project area.

Therefore this cumulative impact of the Project would be less than significant.

D. SIGNIFICANT AND UNAVOIDABLE IMPACTS
The following significant and potentially significant environmental impacts of the Project, including cumulative impacts, are unavoidable and cannot be mitigated in a manner that Resolution 2009-030 January 13, 2009 54
would substantially lessen the significant impact. Notwithstanding disclosure of these impacts, the City Council elects to approve the Project due to overriding considerations as set forth below in Section H, the statement of overriding considerations.

Air Quality
Impact 5.3-3: Operation of the proposed project would contribute to emissions of ozone precursors.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.3-3 (a): The project applicant shall implement the emission reduction strategies contained in the Delta Shores Air
Quality Management Plan (AQMP). The AQMP shall
be endorsed by the SMAQMD prior to the release of
the Draft EIR. Documentation confirming
implementation of the AQMP shall be provided to the
SMAQMD and the City of Sacramento prior to
issuance of occupancy permits, as required.

MM 5.3-3 (b): Prior to the issuance of building
permits for the commercial portion of the project, the
project applicant shall either enter into an existing
Transportation Management Association (TMA) or
create a new TMA to serve the project area. Funding
shall be provided by the project applicant through a
Community Facilities District (CFD) or other financing
mechanism approved by the City.

Finding: Although the AQMP would be endorsed by the SMAQMD, that plan would not in and of itself reduce project emissions. Implementation of emission reduction strategies could be effective, but not enough to reduce emissions levels to an acceptable level.

For these reasons, the impact remains significant and unavoidable.

Impact 5.3-9: Operation of the proposed project combined with other on-going development in the air basin would increase cumulative levels of ozone precursors.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.3-9: Implement Mitigation Measure 5.3-3.

Finding: Impacts of the Project relating to cumulative impacts arising from Resolution 2009-030 January 13, 2009 55
increased levels of ozone precursors due to operation of the project in conjunction with other on-going development in the air basin would be reduced by the foregoing mitigation measure, but not to a less than significant level because specific levels of reduction would not reduce the total emissions generated below the SMAQMD threshold of 65 lbs/day.

Consequently, even with implementation of the SMAQMD recommended emission reduction measures set forth in Mitigation Measure 5.3-3, the predicted emissions of ozone precursors by the project would remain significant and unavoidable. The environmental, economic, social and other benefits of the project override the remaining impacts of the project relating to its increase in the cumulative emissions of ozone precursors from operation of the project.

Noise
Impact 5.6-3: Operation of the proposed Project could permanently expose sensitive receptors to increased traffic noise levels from local roadways.

Mitigation Measure(from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.6-3: At the time of building permits, the project applicant or developer shall be required to comply with the City's adopted General Plan policies that pertain to acceptable noise levels. This may require construction of a soundwall, if appropriate and feasible given the exposure circumstances of the residence(s) along 24th street, to traffic noise.

Finding: Impacts of the Project relating to increased noise impacts from local roadways on sensitive receptors would be reduced by requiring compliance with the City's adopted General Plan plans and policies that pertain to acceptable noise levels, including the possible construction of a soundwall at residence(s) along 24 th Street to minimize traffic noise.

However, due to uncertainty over whether it is feasible to construct soundwalls in this area, and uncertainty over whether the draft policies in the 2030 General Plan could change before the 2030 General Plan is adopted, this impact would be significant and unavoidable.

Traffic and Circulation
Impact 5.9-7: Implementation of the Project under Baseline plus Project conditions could affect the Meadowview Road/24th Street intersection.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-7: No feasible mitigation available.

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Finding: Impacts of the Project relating to reductions in the level of service and increased delays at the Meadowview Road/24t" Street intersection could be reduced by requiring construction of a second exclusive southbound left-turn lane and retiming of the traffic signal to provide an overlap phase for northbound right-turn/eastbound left-turn movements to minimize traffic impacts. However, those measures would not restore the LOS and it is not feasible to widen this intersection to add an additional lane because it would require the removal of buildings, would not be considered pedestrian friendly, and would not comply with the City's Smart Growth Policies. Consequently, there is no feasible mitigation measure available and this impact would remain significant and unavoidable.

Impact 5.9-9: Under Baseline plus Project conditions, the Project would have a significant impact on freeway operations.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-9: The project applicant shall be required to pay a fair share development impact fee toward the 1-5/Cosumnes River Boulevard interchange construction and the 1-5 corridor impact fee that is in effect at the time of issuance of building permits.

Finding: Impacts of the Project relating to increased traffic volumes on the mainline freeway corridor and nearby interchanges would be reduced by requiring payment of the 1-5 corridor impact fee that is in effect at the time of issuance of building permits; however, the contribution of this funding for mainline freeway corridor improvements does not ensure that the project's impacts of the mainline freeway system would be fully mitigated, since a program of improvements and the timing of their construction has not yet been determined by the multi-agency committee that is developing the 1-5 corridor impact fee. Due to that uncertainty, this impact would be considered significant and unavoidable.

Impact 5.9-13: Under Cumulative Plus Project conditions, the segment of Cosumnes River Boulevard from 1-5 to Delta Shores Circle could be impacted by the Project.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-13: No feasible mitigation available.

Finding: Impacts of the Project relating to increased traffic volumes on Cosumnes River Boulevard between the 1-5/Cosumnes River Boulevard Interchange and Delta Shores Circle (west) could be reduced by expanding that segment of Cosumnes River Boulevard to eight lanes. However, the City Resolution 2009-030 January 13, 2009 57
finds it infeasible to widen Cosumnes River Boulevard from 6 to 8 lanes because to do so would be inconsistent with the City's goals, policies and objectives. Therefore, this impact would remain significant and unavoidable.

Impact 5.9-14: Under Cumulative Plus Project conditions, the segment of Detroit Boulevard south of Meadowview Road could be impacted by the Project.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

Mitigation Measure: None Available.

Finding: The Council finds that there is no feasible mitigation measure available because widening 24th Street to 4 lanes would require additional right of way, which is not available, as well as have adverse impacts on several residential buildings on both sides of the street and eliminate all parking and bike lanes. These changes would not be consistent with the City's Pedestrian Friendly Standards and Smart Growth Policies. Consequently, there is no feasible mitigation and the impact would remain significant and unavoidable.

Impact 5.9-16: Under Cumulative plus Project conditions, the Meadowview Road/24 th Street intersection could be impacted by the Project.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

Mitigation Measure: None available.

Finding: The Council finds that there is no feasible mitigation measure because widening the intersection to add lanes would require additional right of way and be beyond the applicant's control, as well as adversely affect existing buildings. Increasing the number of travel lanes at the intersection, which is near an existing community center, is not considered pedestrian friendly and does not meet the City's Smart Growth Policies. Consequently, there is no feasible mitigation and the impact would remain significant and unavoidable.

Impact 5.9-20: Under Cumulative plus Project conditions, the Cosumnes River Boulevard/Delta Shores Circle (West) intersection could be impacted.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-20: The Project applicant shall construct two southbound through Resolution 2009-030 January 13, 2009 58
lanes and two northbound through lanes on Delta Shores Circle South between Cosumnes River Boulevard and Street D (north). The Project applicant shall pay a fair share towards modifying the planned westbound approach of the Cosumnes River Boulevard/l-5 northbound ramps intersection to provide two through lanes and two exclusive right-turn (mixed flow) lanes. This configuration would allow mixed flow vehicles to use both westbound right-turn lanes to enter the northbound on-ramp.

This differs from the planned configuration which only allows high occupancy vehicles (HOV) to turn right from a shared through/right-turn lane. The HOV bypass lane would begin just downstream on the northbound on-ramp.

Findings: Impacts of the Project's traffic on the Cosumnes River Boulevard/Delta Shores Circle (West) intersection under Cumulative Plus Project conditions would be reduced but not completely avoided by MM 5.9-20 because it would result in the intersection operating at LOS D during the AM and PM peak hours; in addition, widening of the intersection to achieve LOS C would be inconsistent with the City's goals and policies to create Pedestrian-Friendly Streets and its Smart Growth Policies.

Therefore, the Project's contribution to this cumulative impact would remain considerable and the impact would be significant and unavoidable.

Impact 5.9-23: Under Cumulative plus Project conditions, the Project wouldl have a significant impact on freeway operations.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adopted to address this impact:

MM 5.9-23: Implement Mitigation Measure 5.9-9.

Findings: Impacts of the Project's traffic on the state highway system near the Project would be reduced but not completely avoided or lessened by MM

5.9-9 because the contribution of funding for the 1-5/Cosumnes River Boulevard interchange construction costs, and payment of a regional impact fee for the 1-5 corridor improvements, will not ensure that the Project's impacts on the mainline freeway system would be fully mitigated.

Therefore the impact of the Project would remain significant and unavoidable.

E. FINDINGS RELATED TO THE RELATIONSHIP BETWEEN LOCAL SHORT-

TERM USES OF THE ENVIRONMENT AND MAINTENANCE AND

ENHANCEMENT OF LONG-TERM PRODUCTIVITY
Based on the EIR and the entire record before the City Council, the City Council makes the following findings with respect to the project's balancing of local short term uses of the environment and the maintenance of long term productivity:

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• As the project is implemented, certain impacts would occur on a short-term level.

Such short-term impacts are discussed above. Where feasible, measures have been incorporated in the project to mitigate these potential impacts. • The project would result in the long-term commitment of resources to develop and operate the project including water, natural gas, fossil fuels, and electricity.

The long-term implementation of the project would provide economic benefits to the City. The project would be developed adjacent to an existing urban area and within the existing City limits and not contribute to urban sprawl. Notwithstanding the foregoing, some long-term impacts would result.

Although there are short-term and long-term adverse impacts from the project, the short-term and long-term benefits of the project justify implementation.

F. PROJECT ALTERNATIVES
CEQA requires the City to consider the feasibility of any environmentally superior alternatives to the Project, as proposed. An evaluation must be made by the City as to whether one or more of these alternatives could substantially lessen or avoid the unavoidable significant environmental effects. (Citizens for Quality Growth v. City of Mount Shasta (1988) 198 Cal.App.3d 433, at 443-445 [243 Cal. Rptr. 727]; see also Public Resources Code, Section 21002.) An EIR is required to evaluate a reasonable range of alternatives that would attain most of the basic objectives of the proposed project, but would avoid or substantially lessen the significant effects of the project under review. (CEQA Guidelines, Section 15126.6)
In preparing and adopting findings, a lead agency need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating approval of a proposed project with significant impacts. Where a significant impact can be mitigated to an acceptable level (i.e., can be substantially lessened)solely by the adoption of mitigationmeasures, the agency, in drafting its findings, has no obligation even to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the proposed project as mitigated. (Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 521 [147 Cal.Rptr. 842]; see also, Laurel Heights Improvement Association of San Francisco, Inc. v. Regents of the University of California (1988) 47 Cal.3d 376, 400-403 [253 Cal.Rptr. 426]; Kings City Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 730-731 [270 Cal.Rptr. 650]; see also Public Resources Code, Section 21002.)
Additionally, factors such as site suitability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and site accessibility and control should also be considered and evaluated in the assessment of alternatives.

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The City Council has considered the Project alternatives presented and analyzed in the EIR and presented during the comment period and public hearing process. Some of those alternatives have the potential to avoid or reduce certain significant or potentially significant environmental impacts, as set forth below.The City Council finds, based on specific economic, legal, social, technological, or other considerations, that those alternatives were infeasible as set forth below.

Alternatives Considered and Dismissed from Further Consideration Retail on the East and West Side of Interstate-5 Alternative The project applicant considered an alternative that would place-the two proposed retail developments on either side of 1-5 off of Cosumnes River Boulevard. While maintaining some of the density and mix of uses as the proposed project, this alternative could increase the magnitude of impacts, specifically, traffic congestion, water demand, and air emissions. By locating the retail uses on either side of 1-5, it would change the urban character and connection of land uses achieved in the proposed project. Furthermore, this alternative would eliminate the mixed-use Village Center from the easterly portion of the project site, which would service the residents in that area. The net result of this alternative would be equal or greater levels of congestion on regional roadways, air pollutant emissions, and other effects caused by this type of development pattern.

It is unlikely that this alternative would generate adequate revenues to support the high cost of infrastructure improvements necessary to make the site developable, as such, this alternative would be infeasible.

Because retail uses on the east and west side of 1-5 Alternative would result in equal or greater environmental effects and would be infeasible to implement, it was not further considered or evaluated in the El R.

Retail Corridor Alternative
The Retail Corridor Alternative would consist of retail development in a long corridor along the newly constructed Cosumnes River Boulevard with the remaining development in residential uses. The proposed development would consist of multiple large retail projects with varying densities of housing located behind the retail corridor stretching along Cosumnes River Boulevard from 1-5 to 24th Street.

The Retail Corridor Alternative serves to bifurcate the project site along Cosumnes River Boulevard into two non-synergistic developments. This alternative would fail to meet the stated objectives of the proposed project because it does not provide for two retail centers. Development of the Retail Corridor Alternative would result in a less dense and a decentralized retail project. It is anticipated that the net result of this type of development would not reduce any of the significant environmental effects associated with the proposed project.

Because the Retail Corridor Alternative would not reduce or avoid significant impacts Resolution 2009-030 January 13, 2009 61
identified under the proposed project and because it would fail to meet some of the objectives of the proposed project, it is not further considered or evaluated in this EIR.

Off-Site Alternative
Section 15126.6(f)(2)(B) of the CEQA Guidelines states that "[i]f the lead agency concludes that no feasible alternative locations exist, it must disclose the reasons for this conclusion, and should include the reasons in the EIR. For example, in some cases there may be no feasible alternative locations for a geothermal plant or mining project which must be in close proximity to natural resources at a given location." The project site is the largest remaining contiguous vacant piece of land within the City of Sacramento and is the only site within the City large enough to accommodate the proposed project. While the construction of residential, office, retail, or other uses identified in the project site could be accomplished through construction at a combination of other locations in the City, no other single location would be large enough to accommodate the project and meet the objectives of the project. In this case, no feasible off-site location exists that could accommodate the project or achieve the objectives of the project. As such, the evaluation of an Off-Site Alternative is not further considered in this EIR.

Summary of Alternatives Considered
No Project/No Development Alternative
Under CEQA, the No Project/No Development Alternative must consider the effects of forgoing the project. The purpose of analyzing the No Project/No Development Alternative is to allow decision-makers to compare the impacts of the proposed project versus no project. The No Project/No Development Alternative describes the environmental conditions that exist at the time that the environmental analysis commences (CEQA Guidelines, section 15126.6 (e) (2)). Under the No Project/No Development Alternative, the existing structures on the site would remain and the site would not be developed. It would remain primarily in agricultural production.

Facts in Support of Finding of Infeasibility
The No Project/No Development Alternative would not meet any of the project objectives.

No Project/Existing Zoning Alternative
The No Project/Existing Zoning Alternative assumes that the proposed project site would be developed consistent with currently allowable land uses, zoning, and development intensities.

The City of Sacramento General Plan currently designates the majority of the project Resolution 2009-030 January 13, 2009 62
site for Industrial-Employee Intensive uses, such as a high-tech business park. Other General Plan land use designations include Community/ Neighborhood Commercial and Office (CNO), Low Density Residential (LDR), Medium Density Residential (MDR), Regional Commercial and Office (RCO), Parks-Recreation-Open Space (P/OS), and Public/Quasi-Public-Miscellaneous (P/QP).

Current zoning districts for the project site include Agricultural (A), Shopping Center- Planned Unit Development (SC-PUD), Single Family Alternative Residential-PUD (R- 1A-PUD), Single Family Alternative Review-PUD (R-1A-R-PUD), Multi-Family-PUD (R- 2A-PUD), and Manufacturing, Research & Development-PUD (MRD-PUD).

Facts in Support of Finding of Infeasibility
The No Project/Existing Zoning Alternative would result in the same significant impacts as the proposed project and would not meet the project objectives.

Reduced Density/All Residential Alternative
The Reduced Density/All Residential Alternative assumes that the regional commercial uses proposed by the project would not be developed and would be replaced by residential uses. The smaller neighborhood commercial area within the project site would however, still be developed. In addition to the removal of the regional commercial uses, the density of the residential component under this alternative would be reduced by 20 percent, to 4,178 units. Assuming that approximately 42 acres of the regional commercial uses would be developed as medium-density residential and the remaining 83.6 acres would be developed as low-density residential with a 20 percent density reduction from the maximum densities, the 121.9 acres of regional commercial uses would be replaced by approximately 460 medium-density units and 462 low- density units, for a total of 922 residences replacing the 121.9 acres of regional commercial uses proposed under the project. When combined with the overall 20 percent reduction in the number of residential units proposed under the proposed project, this would result in a total of approximately 5,100 residential units that would be developed as part of this alternative. Although there would be a 20 percent reduction in density, the replacement of the regional commercial uses with residential development would result in a net loss of only 122 residential units relative to the proposed project, nearly replacing the residential units lost due to the density reduction. This alternative would develop all of the other uses proposed by the project, including 19.9 acres of residential/mixed-use, two elementary schools, parks, open space, fire station, and other public uses. This alternative assumes the project's footprint would remain the same.

Facts in Support of Finding of Infeasibility
The Reduced Density/All Residential Alternative would not the proposed project objectives of providing housing in close proximity to employment centers, providing regional and neighborhood serving retail, or providing hospitality uses to serve travelers on 1-5.

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Conclusion.

The Council finds that none of the above Alternatives are feasible because they will not fully meet the Project's objectives as set forth above in these Findings. The No Project - No Build Alternative would result in the project site remaining vacant, but it would not achieve any of the Project objectives. The No Project - Buildout Pursuant to Existing Designations Alternative would result in the same significant impacts as the proposed project and would not meet the project objectives.

G. FINDINGS REGARDING GROWTH-INDUCING AND CUMULATIVE

IMPACTS
As required by CEQA, the EIR evaluated the growth-inducing impacts of the Project and the cumulative impacts of the Project (CEQA Guidelines, Sections 15126.2). The significant growth-inducing and cumulative impacts are set forth in this Section G.

It should be noted that in some cases the impacts described in this Section have been outlined in other sections above and appropriate mitigation imposed and findings made with respect thereto. For instance, impacts relating to the Project's air quality are described above. In such instances, additional mitigation measures may be unnecessary and the mitigation measures considered above are hereby incorporated by reference in this Section G.

1. Land Use.

Description: The project site, as well as lands to the east of it, have been slated for future development for many years under the General Plan.

Mitigation Measures. The mitigation measures expressed throughout the EIR mitigate, to the extent possible, any potential growth-inducing impacts of the Project.

Findin : The Council finds that the Project will have not have any new, significant and unavoidable growth-inducing impacts not already examined in the EIR.

2. Traffic and Circulation.

Description. An established transportation network exists in the area surrounding the project site that offers local and regional access to the project site. Development of the project's internal circulation system would remove an obstacle to growth in the project area, although growth to the west would be limited by the Sacramento River and growth to the south would be limited by the SRCSD Bufferlands and City of Elk Grove. Lands north of the project are developed and lands to the east are already slated for future development.

Mitigation Measures: The mitigation measures adopted with respect to the Resolution2009-030 January 13, 2009 64
transportation and circulation impacts identified above are hereby incorporated by reference and specifically found to lessen and avoid the specific, as well as the general, cumulative traffic and circulation impacts of the Project.

Finding: Based on the EIR and the entire Record before the Council, the Council finds that the Project will have not have significant cumulative growth inducing impacts on the transportation and circulation system with implementation of mitigation measures identified above and in the EIR.

3. Utilities
Description. The project site does not contain water service infrastructure, but water service would be provided by connecting to existing water transmission mains in Meadowview Road and 30t" Street. These lines would could also extend water service to lands east of the project site and remove that obstacle to growth. The project would connect to existing sewer pipelines which run through the project site and at the northern boundary of the site. Those connections would enable growth within the project site and possible growth at the land immediately east of the site. Electricity and natural gas transmission infrastructure exists on the site and in the vicinity. The project would require local distribution facilities for electricity and gas, but would not be sized to serve other future development in the vicinity of the project.

Mitigation Measures: The mitigation measures expressed throughout the EIR mitigate, to the extent possible, any potential growth inducing impacts of the Project.

Finding. The Council finds that the utility services being constructed for the Project will not have any new, significant and unavoidable growth inducing impacts not already examined in the EIR.

4. Cumulative Impacts
The cumulative impacts analysis in the EIR assumed buildout of the City's General Plan. There are no recently approved projects in the south area of the City or within the project vicinity, with the exception of the Cosumnes River Boulevard Extension and 1-5 Interchange. The cumulative context for air quality is dependent on the specific pollutant being considered. For example, for ozone precursors, the cumulative context would be all development occurring in the Sacramento Valley; but the cumulative effects of PM,o and CO would be limited to the general vicinity of the project and be affected by other local projects. Cumulative impacts on biological resources were analyzed assuming buildout of the City's General Plan, as well as SACOG's regional buildout scenario. The hydrology and water quality analysis in the EIR also considered a larger cumulative context including the Sacramento River watershed. The cumulative context for aesthetics evaluated the surrounding area from three separate viewsheds, while the light and glare analysis considered additional development projects that could affect the same sensitive receptors. The noise analysis considered existing and future noise sources and could affect the project and surrounding uses.

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H. GLOBAL CLIMATE CHANGE IMPACTS OF THE PROJECT
No accepted analytical methodology currently exists to determine the Project's relative impact on global climate change when measured in a global context. Therefore, the EIR did not identify a threshold of significance as to the Project's cumulative contribution to global climate change, nor did it make a finding of cumulative significance for the project's potential impacts on the global climate change issue. That does not mean that the City has ignored the issue or has failed to include measures that would mitigate greenhouse gas emissions and the project's potential contribution to global climate change. Global climate change is inherently a cumulative issue insofar as the greenhouse gas emissions of an individual project cannot currently be shown to have any material effect on climate when examined in a global setting. Nonetheless, the EIR provided a comprehensive discussion of the measures that will be employed by the Project to reduce its overall contribution to global climate change.

Speculative Nature of Project Impacts on Global Climate Change Currently no State or regional regulatory agency has adopted any agreed upon threshold of significance for greenhouse gas emissions. The California Office of Planning and Research ("OPR") is charged with developing guidelines for the, mitigation of greenhouse gas emissions by July 1, 2009, and the California Air Resources Board ("CARB") is required to develop a framework to manage impacts of greenhouse gas pollutants by June 30, 2009. As a result, experts have acknowledged the lack of any meaningful basis for lead agencies, such as the City, to consider or evaluate thresholds of significance for greenhouse gas emissions. In this regard, the California Air Pollution and Control Officers Association has opined that a local agency "may decide to defer any consideration of thresholds" until the state framework is in place. (See, CEQA and Climate Change, California Air Pollution and Control Officers Association, Jan. 2008, p.23.) Similarly, the Association of Environmental Professionals has concluded that "there are currently no published CEQA thresholds or approved methods for determining whether a project's potential contribution to a cumulative [global climate change] impact is considerable." (See, Alternative Approaches to Analyzing Greenhouse Gas Emissions and Global Climate Change in CEQA Documents, Association of Environmental Professionals, June 29, 2007, p.1.) Moreover, it has also been acknowledged that "a typical individual project does not generate enough greenhouse gas emissions to influence [global climate change] significantly on its own." Id. Accordingly, absent this important guidance from the State, the City has no meaningful basis to establish a threshold of significance to enable it to evaluate and determine whether project specific impacts of the Project rise to the level of significance for purposes of CEQA review.

CEQA does not demand that the City undertake an analysis of greenhouse gas emissions that cannot be conclusively tied to a physical change in the environment, such as the development of a mixed use project like Delta Shores. Since there currently exists no identified threshold of significance with respect to project-level Resolution 2009-030 January 13, 2009 66
contributions to greenhouse gas emissions, any finding of significance with respect to a project-level contribution to global climate change, even cumulatively to a larger problem, is highly speculative. In this regard, CEQA Guidelines Section 15145 makes it clear that in the absence of an available methodology to determine whether project-level greenhouse gas emissions are significant, the City simply should evaluate and identify the issue and determine that it is too speculative at this time to make a significance determination. Until such time as a state or regional agency has identified thresholds of significance for individual projects, the City has determined that it will continue to be too speculative for the City to analyze project-level impacts of the Delta Shores Project on this global issue.

The City also recognizes the limitations inherent in quantifying any nexus between the calculated greenhouse gas emissions of individual projects and the predicted environmental changes that could be caused by global temperature increases. Absent such quantification,the City has no authority, pursuant toCEQA or otherwise, to impose mitigationmeasures on the Project to address speculative impacts on global climate change. (See, CEQA Guidelines Section 15126.4(a)(4); Nollan v. California Coastal Commission(1987) 483 U.S. 825; Dolan v. City of Tigard (1994) 512 U.S. 374.) Further, the City believes that to engage in such speculative analysis falls outside of the limitations established under CEQA which pertain to speculation (See, CEQA Guidelines section 15145) and the geographic limitation of impact analysis(See, CEQA Guidelines section 15130(b)(3)).

As explained on pages 5.10-1 through 5.10-28 of the DEIR,the City acknowledged and recognized the current debate concerning global warming, and the recognition of the role of greenhouse gas emissions in contributing to potential climate changes around the globe.The City also finds that the mitigation measures incorporated as part of the Project include measures that will reduce greenhouse gas emissions associated with energy use.

CEQA requires that Lead Agencies inform decision makers and the public regarding potential significant environmental effects of proposed projects; feasible ways that environmental damage can be avoided or reduced through the use of feasible mitigation measures and/or project alternatives; and disclose the reasons why the City approved a project if significant environmental effects are involved (CEQA Guidelines §15002).

CEQA also requires the City to evaluate potential environmental effects to the fullest extent possible based on scientific and factual data (CEQA Guidelines §15064[b]).

Significance conclusions must be based on substantial evidence, which includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts (CEQA Guidelines §15064f[5]).

In addition, under the "rule of reason," an EIR is required to evaluateimpacts to the extent that is reasonably feasible (CEQA Guideline §15151; San Francisco Ecology Center v. City and County of San Francisco (1975) 48 Cal.App.3d 584, 594). While CEQA does require theCity to make a good faith effort to disclose what it reasonably can, CEQA does not demand what is not realistically possible (Residents Ad Hoc Stadium Committee v. Board of Trustees (1979) 89 Cal.App.3d 274, 286). The City, Resolution 2009-030 January 13, 2009 67
therefore, has discretion to design theCEQA document; it does not need to conduct every recommended test or perform all requested research or analysis (CEQA Guideline §15204(a); Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Cal.3d 376, 410).

In the absence of some uniform, accepted methodology to evaluate the significance of potential project level contributions to global climate change, it is sufficient for the City to have analyzed the issue and determined that any impact is too speculative for evaluation. Berkeley Keep Jets Over the Bay Committee v. Board of Ports Commissioners (2001) 91 Cal.App.4th 1344, 1370. In this regard, the California Supreme Court has specifically confirmed that CEQA does not require evaluation of speculative impacts that are impossible to quantify. Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Cal.3d 376. Recent Court of Appeal decisions confirm this approach. Alliance of Small Emitters/Metals Industry v. South Coast Air Quality Management District (1997) 60 Cal.App. 4 th 55; Anderson First Coalition v. City of Anderson (2005) 130 Cal. App 4th 1173. While these court decisions generally concern the issue of air emissions, toxic or otherwise, they certainly have credible application to the issue of speculation and with respect to project level impacts on global warming.

The speculative nature of any such global warming discussion is further supported by the fact that issues of greenhouse gas emissions and climate change are fundamentally different from other areas of air quality impact analysis, which are linked to some region or specific area in which the impact is significant. In the context of global warming, the majority of emissions that could be generated by a land development project would not necessarily qualify as "new" emissions that are specifically attributable to the proposed project in question. The approval of a new development project does not necessarily create new or additional VMT, which is the primary source of project emissions. People moving to a particular California city or county often are, in large part, switching their VMT and resultant greenhouse gas emissions from one place to another, rather than creating a new emission. This conclusion holds true, regardless of whether the relocating citizen is from within or without the State of California. Thus, there is no accepted methodology for identifying the specific incremental impact of a project on the creation of "new" greenhouse gas emissions.

While the City has been able to provide estimates of the quantified emission of greenhouse gas emissions from the Delta Shores Project, there is simply no basis for the City to determine that any such contribution is in fact significant, as it is too speculative at this time to determine the particular impact of the Project on climate change. As explained in the DEIR, the City acknowledges and recognizes the current debate concerning global warming, and the recognition of the role of greenhouse gas emissions in contributing to potential climate changes around the globe. As explained in the DEIR, the City has acknowledged and acted upon those concerns in a variety of ways including the 2001 adoption of Smart Growth Principles into the General Plan, which seeks to change urban development patterns by supporting projects that, through the density and mix of land uses, transportation management, and infrastructure design and construction, discourage urban sprawl, promote infill development, reduce vehicle Resolution 2009-030 January 13, 2009 68
emissions and minimize air pollutant emissions. The City has also prepared and approved a Sustainability Master Plan, as well as a resolution establishing a Green Building Plan for new buildings in the City. In all of these ways, the City is taking leadership in the region by addressing the emission of greenhouse gases and the potential global warming effects. As the DEIR noted, the Delta Shores Project includes numerous characteristics consistent with these goals. Moreover, the mitigation measures incorporated as part of the Project include measures that will reduce greenhouse gas emissions associated with energy use.

Global Climate Change Impacts
Implementation of the Project would generate greenhouse gases through the construction and operation of new residential, retail and commercial land uses.

Greenhouse gas emissions from the Project also would specifically arise from Project construction and from sources associated with Project operation, including direct sources such as motor vehicles, natural gas consumption, solid waste handling/treatment, and indirect sources such as electricity generation. Emissions from these sources are presented below.
a) Construction Emissions
The Project would emit greenhouse gases during construction of the Project from the operation of construction equipment and from worker and building supply vendor vehicles. Emissions during construction were estimated using the URBEMIS2007 model. The Project construction emissions of CO2 were shown in Table 5.10-2 of the DEIR. It is important to note that emissions from construction equipment are continuously being improved and that emissions at the time of construction will likely be even less than those estimated. Given the timeframe for buildout of the Project, emissions of nitrous oxide and methane are negligible in comparison and were not estimated. Emissions estimates for each phase were based on construction phasing and square footage data for each land use category.
b) Operational Emissions
The Project would also generate greenhouse gases during its operation, principally from motor vehicle use, electricity and natural gas consumption, and solid waste disposal.

Greenhouse gases from each of these sources are further explained, below. Table

5.10-3 in the DEIR summarized the total operational emissions at buildout in CO2 equivalents.
c) Motor Vehicle Greenhouse Gas Emissions
The largest source of greenhouse gas emissions associated with the Project would be on- and off-site motor vehicle use. CO2 emissions, the primary greenhouse gas from mobile sources, are directly related to the quantity of fuel consumed. Two important Resolution 2009-030 January 13, 2009 69
determinants of transportation-related greenhouse gas emissions are VMT and vehicle fuel efficiency. CO2 emissions during operation of the Project at full buildout were estimated using URBEMIS2007. As shown in Table 5.10-4 in the DEIR, total Project CO2 emissions would be 116,266 tons per year, which is 0.024 percent of California's 2004 emissions (i.e., 478.7 million tons).

Combustion of fossil fuels also generates CH4 and N20. Since URBEMIS 2007 does not currently calculate CH4 and N20 emissions, emissions factors for each gas were obtained from the California Climate Action Registry(CCAR 2007) and were used with data on the fleet mix, fuel type and VMT for the proposed Project to calculate their emissions, as shown in Table 5.10-4 of the DEIR.

Although motor vehicle energy consumption will occur at the Project, the Project's proximity to light rail, its mix of land uses, its participation in a Transportation Management Association and the various smart growth measures incorporated into the Project are designed to the improve the energy efficiency of the transportation system by increasing use of more fuel-efficient public transit, carpools, and vanpools, and improving circulation system levels of service. Any reductions in traffic congestion realized through implementation of enhanced transit operations would also allow for more energy-efficient vehicular travel.
d) Electricity and Natural Gas Combustion Greenhouse Gas Emissions
The Project would use electricity for its office, commercial, residential, and other components, which would contribute to greenhouse gas emissions. The Project related emissions were estimated by using Project electricity and natural gas use estimates.

The emissions factors for electricity use and natural gas combustion were obtained from the California Climate Action Registry (CCAR 2007). Greenhouse gas emissions from these sources were shown in Table 5.10-5 in the DEIR.
e) Solid Waste Greenhouse Gas Emissions
Solid waste generated by the Project would also contribute to greenhouse gas emissions. Treatment and disposal of municipal, industrial and other solid waste produces significant amounts of CH4. In addition to CH4, solid waste disposal sites also produce biogenic CO2 and non-methane volatile organic compounds, as well as smaller amounts of N20, nitrogen oxides (NOX) and carbon monoxide (CO).

CH4 and CO2 emissions from solid waste generated by the Project were estimated based on formulas provided in the State Workbook: Methodologies for Estimating Greenhouse Gas Emissions. Total Project emission of greenhouse gases from landfill material was shown in Table 5.10-6 of the DEIR.
f) Other Greenhouse Gas Emissions
Ozone is a greenhouse gas; however, unlike the other greenhouse gases, ozone in the troposphere is relatively short-lived and therefore is not global in nature. According to Resolution 2009-030 January 13, 2009 70
CARB, it is difficult to make an accurate determination of the contribution of ozone precursors (NO,, and ROGs) to global warming (CARB 2004b). Therefore, it is assumed that Project emissions of ozone precursors would not significantly contribute to global climate change. At present, there is a federal ban on CFCs; therefore, it is assumed the Project will not generate emissions of these greenhouse gases. The Project may emit a small amount of HFC emissions from leakage and service of refrigeration and air conditioning equipment and from disposal at the end of the life of the equipment.

However, the details regarding refrigerants to be used in the Project and the capacity of these are unknown. Therefore, it is not anticipated the Project would contribute significant emissions of these additional greenhouse gases.

Mitigation Measures That Will Lessen Global Climate Change Impacts The inherent design and location of the Project will operate to lessen its contribution to global climate change, and thus may be considered built-in mitigation when compared to a similar project in an outlying area. From a geographic standpoint, the Project is situated close to the route of an existing light rail line and station, and is situated within five miles of the urban core in Downtown Sacramento. It will provide residents of the City with the opportunity to live and shop close to their jobs and close to public transportation lines.

In order to reduce congestion and promote the free flow of traffic, thereby improving vehicle exhaust emissions, the EIR required Mitigation Measures 5.9-1 through 5.9-25 described above in these Findings. In order to reduce the air pollutants emitted by the Project and lessen its air quality impacts, the EIR proposed air quality Mitigation Measures 5.3-1 through 5.3-11 noted above that would aide in reducing the Project's contributions to global climate change by reducing its overall emissions of greenhouse gases.

Notwithstanding the speculative nature of environmental impacts resulting from greenhouse gas emissions at the project level, the impacts of the project on climate change are potentially cumulatively considerable. The following mitigation measures being voluntarily implemented by the project applicant and enforced by the MMP and the Development Agreement for the project, will serve to substantially lessen the environmental effects of greenhouse gas emissions resulting from construction and operation of the project:

MM 5.10-1: In order to further reduce and substantially lessen the impacts on global climate change resulting from construction and operation of the project, the project applicant has voluntarily agreed to implement the following mitigation measures:

5.10-1(a): Priority parking for hybrid and alternative energy vehicles shall be provided at commercial and retail parking areas, and provide passenger loading, unloading and waiting areas for ridesharing in commercial/retail/office developments.

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5.10-1(b): Pedestrian and bike paths shall be located in a manner to minimize road crossings to promote safety and encourage children to walk or bike to school, consistent with the project's Air Quality Management Plan.

5.10-1(c): Energy efficiency shall be increased fifteen percent (15%) above Title 24 requirements and comply with City's Green Building program.

5.10-1(d): Light-colored roofing materials and paints shall be used on building roofs.

5.10-1(e): Energy star rated appliances shall be installed in all residential development.

5.10-1(0: Encourage participation in the California Energy Commission's New Solar Homes Partnership and encourage solar power in the project's PUD Guidelines.

5.10-1(g): Encourage energy efficient design, such as providing hot water systems with booster heating and locating hot water heaters near hot water taps in the Project's PUD Guidelines.

5.10-1(h): Encourage the use of solar on retail/commercial rooftops and parking lots in the PUD Guidelines. The project applicant will inform all tenants and building owners at the project to make them aware of solar power options since it will not be constructing all buildings at the project.

5.10(i): The project applicant shall comply with the City's Shade Tree Parking Ordinance as well as the PUD Guidelines to avoid heat island and similar environmental impacts, as well as use high reflectance or lighter colored paving in accordance with the AQMP which requires all unshaded parking lot areas, driveways, fire lanes and other paved areas to have a minimum albedo of. 3 or greater.

5.10(j): Light emitting diodes (LED) for traffic, street and other outdoor lighting shall be installed at the project site.

5.10-1(k): Outdoor lighting shall be limited, as specified in Table K in the Draft EIR Appendices.

5.10-1(1): The project applicant shall participate and fund a transportation management association (TMA) that shall operate ridesharing and shuttle services programs, and also provide educational materials on energy efficiency, as required by the project's Air Quality Management Plan.

5.10-1(m): The project applicant shall ensure the project site accommodates future Regional Transit bus service.

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5.10-1(n): Class I and Class 11bike lanes shall be constructed throughout the project site in excess of those required by the City's 2010 Bikeway Master Plan.

5.10-1(0): Onsite bicycle and pedestrian facilities shall be provided, including showers and bicycle parking for nonresidential projects.

5.10-1(p): The project applicant shall comply with Sacramento City Code Section 17.72.030 which establishes separate waste and recycling disposal requirements for all new uses, including the use of separate receptacles, including green waste and food recycling.

5.10-1(q): The project applicant shall comply with Sacramento City Code Section 13.10.400 which requires the separate collection of garden wastes from residential properties.

5.10-1(r): The project applicant shall comply with Sacramento City Code Section 15.76.030 which requires that all shower fixtures be fitted with low-flow features.

5.10-1(s): The project applicant shall comply with Sacramento City Code Section 15.92.080 which establishes maximum water usage for landscaping and limits the use of turf, and requires the use of climate- adapted landscaping.

5.10-1(t): Electrification stations/connections shall be installed in all project loading docks for use by transportation refrigeration units.

5.10-1(u): The project applicant shall comply with Sacramento City Code Section 17.68.040 which requires the planting of shade trees to ensure that 50% of all surface parking areas are shaded within 15 years of development.

5.10-1(v): Enlarged sidewalks shall be installed to encourage pedestrian movement throughout the project site.

5.10-1(w): The project applicant shall comply with SacramentoCity Code, Chapter 8.116, which prohibits the idling of diesel powered vehicles for more than five consecutive minutes or five minutes total in one hour.

5.10-1(x): Recycled building materials shall be used where feasible in building designs.

5.10-1(y): During project construction, alternative fuel (such as aqueous diesel fuel) or catalyst equipped diesel construction equipment shall be used.

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5.10-1(z): Reuse and recycle construction waste where feasible.

5.10-1(aa): Efficient fluorescent lighting shall be provided for all primary lighting within project buildings. Accent and aesthetic lighting shall not be subject to this condition.

5.10-1(bb): The project shall be designed consistent with the City's Smart Growth Principles and associated strategies and initiatives, including jobs/housing balance, the mixing of land use, and transit oriented development.

5.10-1(cc): The project applicant shall implement additional greenhouse gas reduction strategies through application of future city ordinances to be applied to the project via the MMP and the Development Agreement.

Thus, the potentially cumulatively considerable impacts are substantially lessened by the project's features and the additional voluntary mitigation measures being implemented with the project through the MMP and the Development Agreement.

Global Climate Change Finding
As noted above, the specific greenhouse gas emissions of an individual project cannot be shown to have any measurable, material effect on global climate change.

Consequently, a specific project's contribution to greenhouse gases is inherently a cumulative impact issue when examined in a global setting. Nostate or regional agency has yet identified any method for determining a local project's threshold of significance. In the absence of any analytical methodology to determine a particular project's impact on global climate change,the City has no means of determining the significance of the Delta Shores Project's contribution to global climate change for CEQA purposes. While it is possible to determine the level of greenhouse gases associated with a particular project, it is impossible to determine whether its level of emissions is individually significant. In the absence of a general recognized analytical protocol,CEQA does not require speculation.

Nonetheless,the City finds that the impacts of the project on global climate change are potentially cumulatively considerable, but have been substantially lessened by the above voluntary mitigation measures. The Delta Shores Project was designed from the outset to minimize its greenhouse gas emissions and thereby reduce its contribution to global warming. From a geographic standpoint, the Project is situated within close proximity to the route of the South Area light rail line and stations, and is situated within five (5) miles of the urban core in Downtown Sacramento. It will provide residents of the City with the opportunity to live and shop close to their jobs and close to public transportation lines.The Project is precisely the type of Smart Growth projectthe City wants to encourage with a combination of residential, retail and commercial uses, including a substantial component of high density residential, retail space and Resolution 2009-030 January 13, 2009 74
commercial. Moreover, the Project has much higher densities than those originally envisioned when the Project site was originally entitled.

In addition, the Project has been required to comply with the above-described air quality and transportation and circulation mitigation measures, all of which were designed to reduce the Project's generation of greenhouse gases and other criteria air pollutants, thereby further reducing the Project's contribution to global climate change. In addition, the City finds that federal, state, regional and local governmental entities are continuing to analyze the issue of greenhouse gas emissions on a broader scale and any ultimate measures required could be applied to the project's subsequent approvals. It is currently anticipated that no residential construction within the project will occur until after completion of the 1-5/Cosumnes Boulevard interchange in the fall of 2011. By that time, it is anticipated that other broader mechanisms may be in place to address global climate change. The City is currently updating its General Plan and working with the California Attorney General's office to further address the issue of greenhouse gas emissions and climate change through the General Plan process. This will include the development of a Climate Action Plan that will contain a timeline for completion (e.g., 2008-2010), an inventory of emissions, emission reduction targets consistent with AB 32 and City plans, specific reduction strategies that will help to achieve reduction targets, and monitoring and reporting requirements and adaptive management strategies to ensure that reduction targets are updated over time.

The City will also prepare and implement other studies concerning climate change (e.g., green technology, research and development; Green Building Rating Program; update of the City Residential Energy Conservation Ordinance) that, ultimately, will result in the adoption of City-wide ordinances that would serve to further reduce greenhouse gas emissions at the local level. Importantly, notwithstanding the uncertain and evolving nature of appropriate greenhouse gas reduction strategies, the project applicant has agreed to abide by the provisions of future City ordinances that implement greenhouse gas reduction strategies at the project level and this commitment is included in, and enforceable by, the Mitigation Monitoring Plan ("MMP") and the Project's Development Agreement.

Thus, while the Project's contribution to greenhouse gas emissions is found to be potentially cumulatively considerable, the City also finds that the Project's greenhouse has emissions have been substantially reduced, and will likely be further reduced by implementation of future strategies and that, in any event, the economic, social and other benefits of the Project override the cumulative impacts of the Project on global climate change, as more fully set forth in the Statement of Overriding Considerations.

Consequently, while the significance of the Project's impacts on global climate change cannot be determined and are potentially cumulatively considerable, those impacts have been substantially lessened and the environmental, economic, social and other benefits of the Project override any residual impacts of the Project on global climate change.

1. STATEMENT OF OVERRIDING CONSIDERATIONS
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Introduction
The Council has carefully balanced the benefits of the Project against the adverse impacts and residual impacts identified in the EIR that it would not be feasible to mitigate to a less than significant level. Notwithstanding the identification and analysis of impacts which are identified in the EIR as being significant and potentially significant which have not been avoided, eliminated, lessened, or mitigated to a level of less than significant, the Council, acting pursuant to Section 15093 of the CEQA Guidelines, hereby determines that the benefits of the Project outweigh the unmitigated adverse impacts and remaining residual impacts, and that the Project should be approved. The EIR described certain environmental impacts which cannot be avoided if the Project is implemented. In addition, the EIR describes certain impacts which, although substantially mitigated or lessened, are potentially not mitigated to a point of being less than significant.

This Statement of Overriding Considerations applies specifically to those impacts found to be significant and unavoidable above, as well as any residual impacts. Such impacts include, but are not limited to:
• Impact 5.3-3: Operation of the Project would contribute to emissions of ozone precursors.
• Impact 5.3-9: Operation of the proposed project combined with other on- going development in the air basin would increase cumulative levels of ozone precursors.
• Impact 5.6-3: Operation of the proposed project could permanently expose sensitive receptors to increased traffic noise levels from local roadways. • Impact 5.9-7: Implementation of the project under Baseline plus Project conditions could affect the Meadowview Road/Freeport Boulevard intersection. • Impact 5.9-9: Under Baseline Plus Project conditions, the project would have a significant impact on freeway operations.
• Impact 5.9-13: Under Cumulative plus Project conditions the segment of Cosumnes River Boulevard from 1-5 to Delta Shores Circle could be impacted by the project.
• Impact 5.9-14: Under Cumulative plus Project conditions the segment of Delta Shores Boulevard south of Meadowview Road could be impacted by the project. • Impact 5.9-16: Under Cumulative plus Project conditions the Meadowview Road/Franklin Boulevard intersection could be impacted by the project.

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• Impact 5.9-20: Under Cumulative plus Project conditions the Cosumnes River Boulevard/Delta Shores Circle (West) intersection could be impacted. • Impact 5.9-23: Under Cumulative plus Project conditions, the project would have a significant cumulative impact on freeway operations.

In addition to the above impacts, this Statement of Overriding Considerations applies to those residual impacts which have been substantially lessened or avoided, but not necessarily reduced to a level of less than significant, as well as the Project's cumulative contribution to green gas emissions which have no measurable impact on Global Climate Change.

The City Council believes that many of the unavoidable and irreversible environmental effects, as well as many of the environmental effects which have not been mitigated to a less than significant level will be substantially reduced by the mitigation measures incorporated into the Project and in the EIR. The Council recognizes that the implementation of the Project will result in certain potentially irreversible environmental effects.

In reaching the Council's decision to approve the Project and all related documentation, the Council has carefully considered each of the unavoidable impacts, each of the impacts that have not been substantially mitigated to a less than significant level, as well as each of the residual impacts over which there is a dispute concerning the impact's significance following mitigation.

Specific Findings.

1. Project Benefits Outweigh Unavoidable Impacts. The remaining unavoidable and irreversible impacts of the Project are acceptable in light of the economic, fiscal, social, public safety, environmental, land-use and other considerations set forth herein because the benefits of the Project outweigh any significant and unavoidable or irreversible adverse environmental impacts of the Project, as well as outweighing any residual impacts over which a controversy exists concerning the impacts' significance following mitigation.

2. Rejected Mitigation Measures. Any of the mitigation measures which were suggested in the EIR but not incorporated into the Project due to their infeasibility are infeasible in part because such measures would impose limitations and restrictions on the Project so as to prohibit the attainment of economic, social and other benefits of the Project which this Council finds outweigh the unmitigated impacts of the Project.

3. Balance of Competing Goals. The Council finds that it is imperative to balance competing goals in approving the Project and certifying the environmental documentation for the Project. Not every policy or environmental concern has been fully satisfied because of the need to satisfy competing concerns to a certain extent.

Accordingly, in some instances the City Council has chosen to accept certain Resolution2009-030 January 13, 2009 77
environmental impacts because to eliminate them would unduly compromise some other important economic, social, environmental or other goals, such as encouraging people to use public transit, to walk and to bicycle. The Council finds and determines that the design of the Project and the supporting environmental documentation provide for a positive balance of the competing goals and that the economic, fiscal, social, environmental, land use, and other benefits to be provided by the Project outweigh any environmental and related potential detriment from the Project.

Overriding Considerations.

Based upon the above enumerated objectives and the comprehensive vision developed by the Council through extensive public participation, the Council has determined that the Project should be approved and that any remaining unmitigated environmental impacts attributable to the Project are outweighed by the following specific economic, fiscal, social, environmental, land-use and other overriding considerations.

1. Economic Considerations.

Substantial evidence is included in the Record demonstrating the economic benefits which the City would derive from implementation of the Project. The Project will provide the City with a high quality commercial, retail and residential development on vacant property located in the south area of the City and adjacent to the intersection of Interstate 5 and the Cosumnes River Boulevard extension. The regional commercial uses in the Project will meet current commercial needs in that area of the City. In addition, the Project will provide the City with high quality residential development to meet current and future needs for that type of land use in the City. The Project also will provide employment opportunities within the City by allowing the development of underutilized property.

2. Environmental and Land Use Considerations.
a. Substantial evidence is included in the record that the implementation of the Project will have beneficial as well as potential adverse impacts relating to environmental and land use considerations.
b. The proximity of the Project to the South Area light rail line and light rail station will implement the goals of the General Plan and the City's goal of encouraging higher density developments around light rail lines in order to promote the use of public transit. The Project's location along the light rail line with a combination of uses consisting of retail, commercial and residential, situates the Project at one of the most desirable locations in the greater Sacramento region for locating such mixed uses. c. The Council finds that the Project, through its PUD Guidelines, will incorporate strong architectural and design features that are compatible with adjacent land uses, while providing a unique identity for the Project as a whole.

Resolution 2009-030 January 13, 2009 78
d. The design of the Project will reduce any global warming impacts by promoting pedestrian uses, providing retail and residential uses adjacent to employment opportunities, by requiring the planting of numerous trees along the Project's roadways and parking areas, and by encouraging the use of public transit modes in order to reduce vehicle miles traveled and motor vehicle emissions of criteria air pollutants and greenhouse gases.
e. Based upon these land use and environmental considerations, the Council has determined that any environmental detriment caused by the Project has been minimized to the extent feasible.Where not feasible, the environmental detriment is outweighed and counterbalanced by the significant economic, fiscal, environmental and land use benefits to be generatedfor the City.

3. Other Related Overriding Considerations.

In addition to the economic, fiscal, environmental and land use considerations identified above, the Council has considered various factors in arriving at its decision to approve the Project. Although economic, fiscal, environmental and land use benefits to be derived by the City are the primary reasons for the City's decision to approve the Project, other factors have been considered by the City in the planning process and add to the benefits of the Project when weighed against any unavoidable environmental impacts identified in the EIR. Among these factors include the prospect of creating a development plan for vacant, underutilized land which will serve as a model for the future environmentally sensitive development of infill locations throughout the City and elsewhere.

Conclusion
The City Council has determined that any remaining significant effects on the environment attributable to the Project which are found to be unavoidable, irreversible or not substantially lessened are acceptable due to the overriding considerations set forth in this Statement of Overriding Considerations. The Council has concluded that with all the environmental trade-offs of the Project taken into account, its implementation will represent a net positive impact on the City, and based upon such considerations after a comprehensive analysis of all the underlying planning and environmental documentation, the Council has approved the Project.

J. FINDING REGARDING RECIRCULATION
The City Council finds that no new information which might demonstrate that the Project would have a new potentially significant environmental impact was presented in the Final EIR or during the public comment period or during any hearing on the Project.

Information provided in the Final EIR concerning the need for two offsite improvements consisting of the construction of a stormwater drainage pipeline to connect the Project's detention basin to the City's Sump 89 and construction of a sewer force main in the Cosumnes River Boulevard Extension's right of way from the Project to the SRCSD Resolution2009-030 January 13, 2009 79
Central Interceptor at Franklin Boulevard does not show any significant new environmental impacts that could not be mitigated to a less than significant level by compliance with the mitigation measures already contained in the EIR and MMP pertaining to air quality, noise, cultural resources, biological resources, hazards, transportation and circulation.

In addition, certain revisions were made by the Final EIR to the mitigation measures proposed in the DEIR, but those changes did not identify any new impacts or identify any substantial increase in the severity of an environmental impact that would not be reduced to a less-than-significant level through mitigation, nor would the revised mitigation measures result in new significant environmental impacts. (CEQA Guidelines, Sections 15088.5(a)(1) and 15088.5(a)(2). Instead, the revised mitigation measures clarify and strengthen the effectiveness of the mitigation measures to help further reduce or avoid an impact. Further, with the revisions, the revised mitigation measures did not include a new feasible way to mitigate or avoid an impact (including a feasible project alternative) that the City has declined to implement (CEQA Guidelines section 15088.5(a)(3). Because no new unmitigated impacts have been identified or created by the revised mitigation, the EIR is not changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the Project (CEQA Guidelines section 15088.5(a)(4)). Therefore, the City Council finds that the revisions to the EIR's mitigation measures represent improvements to the analysis and mitigation of impacts and do not warrant recirculation of the EIR.

Resolution 2009-030 January 13, 2009 80
Exhibit B

MITIGATION MONITORING PLAN

INTRODUCTION
CEQA requires review of any project that could have significant adverse effects on the environment.

CEQA also requires reporting on and monitoring of mitigation measures adopted as part of the environmental review process (Public Resources Code section 21081.6). This MMP is designed to aid the City of Sacramento in its implementation and monitoring of measures adopted from the Delta Shores Draft EIR.

The mitigation measures are taken from the Delta Shores Draft EIR (including the Initial Study, see Appendix A of the Draft EIR). Mitigation measures in this MMP are assigned the same number they had in the Draft EIR and Initial Study. The MMP is presented in table format and it describes the actions that must take place to implement each mitigation measure, the timing of those actions, the entities responsible for implementing and monitoring the actions, and verification of compliance.

MMP COMPONENTS
The components of the MMP table are summarized below.

Mitigation Measure: All mitigation measures identified in the Delta Shores Draft EIR (including the InitialStudy) are presented, and numbered as they appear in the Draft EIR. Any change to the text of a mitigation measure presented in Chapter 2, Changes to the Draft EIR, of this Final EIR is included in this MMP.

Action: Identifies the action that must be completed in order for the mitigation measure to be considered implemented. For every mitigation measure, one or more action is described.

Implementing Party: Identifies the entity that will be responsible for implementing the action.

Timin : Each action must take place prior to the time at which a threshold could be exceeded.

Implementation of the action must occur prior to or during some part of approval, project design or construction or on an ongoing basis. The timing for each measure is identified.

Monitoring Part y: Identifies the entity that will be responsible for monitoring implementation of the required action.The City of Sacramento is responsible for ensuring that most mitigation measures are successfully implemented.Within the City, a number of departments and divisions will have responsibility for monitoring some aspect of the overall project.Occasionally, monitoring parties outside the City are identified; these parties are referred to as "Responsible Agencies"by CEQA.

Verification of Compliance: Identifies verification of compliance for each identified mitigation measure.
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ORDINANCE NO. 2024-
Adopted by the Sacramento City Council
September 17, 2024

APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT FOR DELTA SHORES (APNs: See Supplemental) (P23-018)

BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1. Background.

The Development Agreement for Delta Shores Project # P-06-197, which is designated as City Agreement No. 2009-0060 (the “Original Agreement”) and was recorded with the Sacramento County Clerk/Recorder on February 27, 2009, in Book 20090227 at Page 0082.

The First Amendment to Development Agreement for Delta Shores Project, which is dated October 6, 2010; is designated as City Agreement No. 2009-0060-1; and was recorded with the Sacramento County Clerk/Recorder on October 18, 2010, in Book 20101018 at Page 1169.

The Second Amendment to Development Agreement for Delta Shores Project # P-06- 197, which is dated November 21, 2019; is designated as City Agreement No. 2019- 1714; and was recorded with the Sacramento County Clerk/Recorder on November 26, 2019, as Document No. 201911260667.

The Third Amendment to the Development Agreement for Delta Shores Project # P-06- 197, which is dated April 21, 2020; is designated as City Agreement No. 2020-1423; and was recorded with the Sacramento County Clerk/Recorder on June 26, 2020, as Document No. 202006260043.

The Original Agreement, the First Amendment, the Second Amendment, and the Third Amendment collectively constitute the “Development Agreement.”

SECTION 2. Incorporation of Amendment.

This ordinance incorporates the Fourth Amendment to Development Agreement for Delta Shores Project #P-06-197, a copy of which is attached to this ordinance as Exhibit S (the “Fourth Amendment”).

SECTION 3. Hearing before the Planning and Design Commission.

On August 8, 2024, in accordance with Government Code section 65867 and Sacramento City Code chapter 18.16, the Planning and Design Commission conducted a noticed public hearing on an application to amend the Development Agreement.

During the hearing, the Planning and Design Commission received and considered evidence and testimony. After the hearing concluded, the Planning and Design Commission forwarded to the City Council a recommendation to approve the proposed Fourth Amendment.

SECTION 4. Hearing before the City Council; Findings.

On September 17, 2024, in accordance with Government Code section 65867 and Sacramento City Code chapter 18.16, the City Council conducted a noticed public hearing on the application to amend the Development Agreement. During the hearing, the City Council received and considered evidence and testimony concerning the proposed Fourth Amendment. Based on the information in the application and the evidence and testimony received at the hearing, the City Council hereby finds as follows:

(a) The Fourth Amendment is consistent with the City’s General Plan and South Area Community Plan, and the project should be encouraged in order to meet important economic, social, environmental or planning goals of any applicable specific or community plan.
(b) Without the Fourth Amendment, the Landowners would be unlikely to proceed with development of the property subject to the Fourth Amendment in the manner proposed.
(c) The Landowners will incur substantial costs to provide public improvements, facilities, or services from which the general public will benefit. (d) The Landowners will participate in all programs established or required under the general plan and all of its approving resolutions (including any mitigation- monitoring plan) and has agreed to the financial participation required under the applicable financing plan and its implementation measures, all of which will accrue to the benefit of the public.
(e) The Landowners have made commitments to a high standard of quality and have agreed to all applicable land-use and development regulations. (f) The property subject to the proposed Fourth Amendment is within an area for which the local flood-management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood-protection system that, for the area intended to be protected by the system, will result in flood protection equal to or greater than the urban level of flood protection in urban areas for property located within a flood-hazard zone, as demonstrated by the SAFCA Urban Level of Flood Protection Plan and Adequate Progress Baseline Report and the SAFCA Adequate Progress Toward an Urban Level of Flood Protection Engineer’s Report, each accepted by the City Council on June 21, 2016 (Resolution No. 2016-0226), and the SAFCA 2023 Adequate Progress Annual Report accepted by the City Council on October 24, 2023 (Resolution No. 2023-0337).

SECTION 5. Approval and Authorization.

The City Council hereby approves the Fourth Amendment and authorizes the Mayor to sign it on the City’s behalf on or after the effective date of this ordinance.

Table of Contents:

Exhibit A: Fourth Amendment to Development Agreement for Delta Shores Project # P-06-197

Adopted by the City of Sacramento City Council on September 17, 2024, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Attest:

ORDINANCE NO. 2024-
Adopted by the Sacramento City Council
September 17, 2024
ORDINANCE AMENDING TITLE 17 OF THE SACRAMENTO CITY CODE BY REZONING 15.53± GROSS ACRES FROM THE SINGLE-UNIT OR DUPLEX DWELLING ZONE (R-1A-PUD) TO THE MULTI-UNIT DWELLING ZONE (R-3A-PUD) AND 16.64± GROSS ACRES FROM THE MULTI-UNIT DWELLING ZONE (R-3A-PUD) TO THE SINGLE-UNIT OR DUPLEX DWELLING ZONE (R-1A-PUD) AND DELTA

SHORES PLANNED UNIT DEVELOPMENT, IN ACCORDANCE WITH THE DELTA SHORES EAST PHASE (APN: 053-0180-053, 053-0180-050, and 053-0180-043) (P23- 018)

BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1

As used in this ordinance, “Property” means the real property depicted in attached and incorporated in Exhibit A and contains three (3) APNs.

SECTION 2

Title 17 of the Sacramento City Code (“Planning and Development Code”) is hereby amended by rezoning 15.53± gross acres from the Single-Unit Or Duplex Dwelling Zone (R-1A-PUD) to the Multi -Unit Dwelling Zone (R- 3A-PUD) And 16.64± gross acres from the Multi-Unit Dwelling Zone (R-3A-PUD) to the Single-Unit Or Duplex Dwelling Zone (R- 1A-PUD) Delta Shores Planned Unit Development, as shown on Exhibit A.

SECTION 3

As required by section 17.808.230.C.1.d of the Planning and Development Code, the City Council finds that the rezoning of the property is consistent with the General Plan, proposed use, and development standards in that the project provides for infill development on an underutilized piece of property with residential and compatible with the surrounding uses and neighborhood. The proposed project complies with the proposed General Plan designation of Medium Density Residential (MDR) and High Density Residential (HDR). Furthermore, the project promotes the public heal th, safety, convenience, and welfare of the City by facilitating for new uses consistent with the neighboring residential and commercial uses, is designed to maximize pedestrian , bicycle, vehicle, and transit connectivity.

SECTION 4

The City Clerk is hereby directed to amend the City’s official zoning maps to conform with this ordinance.

SECTION 5

Exhibit A is part of this ordinance.

Table of Contents:

Exhibit A: Rezone Map
Adopted by the City of Sacramento City Council on September 17, 2024, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Attest:

COSUMNES RIVER BOULEVARD

DELTA SHORES SOUTH CIRCLE
R-1A-PUDR-1A-PUD
R-1A-PUD
R-1A-PUDR-3-PUD
R-3-PUDRMX-PUD
R-3-PUD
R-1A-PUDR-1A-PUD
R-1A-PUD
R-1A-PUD
R-3-PUDR-3-PUD

COSUMNES RIVER BOULEVARD

DELTA SHORES SOUTH CIRCLE
R-1A-PUDR-1A-PUD
R-1A-PUD
R-1A-PUDR-3-PUD
R-3-PUD
R-1A-PUDR-1A-PUD
RMX-PUDR-1A-PUD
R-3-PUD
R-1A-PUD
R-3A-PUD
R-1A-PUD
R-1A-PUD
J:\CBG\M062-030\ACAD\EXHIBITS\XB_ZONING PLAN CHANGES.DWG ZONING PLAN CHANGESDELTA SHORESCITY OF SACRAMENTO SACRAMENTO COUNTY CALIFORNIASCALE: 1" = 250'DATE: JANUARY 2024 7505002500CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456

EXISTING ZONING PLAN

PROPOSED ZONING PLAN
LEGEND

RESOLUTION NO. 2024–
Adopted by the Sacramento City Council
September 17, 2024

RESOLUTION APPROVING THE AMENDMENT TO THE DELTA SHORES PLANNED

UNIT DEVELOPMENT GUIDELINES AND SCHEMATIC PLAN AND REDESIGNATE ±15.53-ACRES FROM PARK TO HIGH DENSITY RESIDENTIAL (HDR) AND ±16.64-

GROSS ACRES FROM HIGH DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL (APNs See Supplemental) (P23-018)

BACKGROUND

A. On August 8, 2024, the City Planning and Design Commission held public hearings and reviewed and commented on the Delta Shores Planned Unit Development Project and voted to forward its recommendation to the City Council.

B. On September 17, 2024, 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 Delta Shores Planned Unit Development Project.

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 hearings on the Delta Shores Planned Unit Development, the City Council adopt s the Amendments to the Delta Shores Planned Unit Development Guidelines and Schematic Plan (together, the “PUD”) as set forth in Exhibits A and B.

Section 2. The Council’s approval of the PUD is based on the following findings of fact:

A. The amendments of the PUD are 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 to this site;
B. The amendment of the PUD promotes the public health, safety, convenience, and welfare of the city in that the PUD anticipates future development patterns for the entire site and provides expectations for a well-designed infill community that is consistent the goals and policies of the General Plan; and
C. The zoning classifications of the subject parcel s are consistent with the amendment to the planned unit development schematic plan and development guidelines.

Section 3. Based on the verbal and documentary evidence received at the hearings held on September 2024, the City Council hereby adopts the amendments to the Delta Shores Planned Unit Development set forth in Exhibits A and B.

Section 4. Exhibits A and B are part of this resolution.

Table of Contents:

Exhibit A–I Delta Shores Planned Unit Development Guidelines Exhibit H Delta Shores Planned Unit Development Schematic Plan Adopted by the City of Sacramento City Council on September 17, 2024, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Attest:

Delta Shores

Planned Unit Development (PUD) Guidelines
City of Sacramento, California
PUD Established: 09/28/1983
Originating Resolution Number#: R83-753
(P-9572)
PUD Complete Revised: 01/13/2009
Originating Resolution Number#: R2009-034
(P06-197)

PUD Proposed Revisions: 01/31/2024

PLANNED UNIT DEVELOPMENT

GUIDELINES
City of Sacramento
VI L.P.

EDAW I AECOM I CBG

DELTA SHORES

PUD GUIDELINES

City of Sacramento

Prepared for:

M & H Realty Partners, VI L.P.
425 California Street
10 th Floor
San Francisco, CA 94104

Original Prepared by:

EDAW

2022 J Street,

Sacramento, CA 95814

November 2008

2024 Update Prepared by:

CBG, Inc.

2633 Camino Ramon, Suite 350

San Ramon, CA 94583

(925) 866-0322

January 2024

EDAW I

AECOM I CBG

PUD Guidelines TOCi City of Sacramento

Draft – January 2024

DELTA SHORES

INTRODUCTION

1.1 Project Overview ........................................... 1-1

1.1.1 Location .............................................. 1-1

1.1.2 Site History ........................................... 1-2

1.2 Vision and Goal ............................................. 1-4

1.3 Development Phasing .................................. 1-4

1.4 Purpose of these Development
Guidelines ....................................................... 1-5

1.5 Administration ................................................ 1-6

1.5.1 Procedures for Approval ................... 1-6

1.6 Organization ................................................... 1-6

PLAN OVERVIEW AND PRINCIPLES

1.7 Design Principles ............................................ 1-7

1.8 Design Framework ....................................... 1-12

1.8.1 Land Use Concept ........................... 1-12

1.8.2 Open Space, Parks, and
Recreation Concept ....................... 1-16

1.8.3 Circulation Plan ................................ 1-19

RESIDENTIAL NEIGHBORHOODS

2.1 Design Principles ............................................ 2-2

2.2 Development Standards ............................... 2-4

2.2.1 Low Density Residential – (R-1-PUD
– 4-7 du/ac) ........................................ 2-7

2.2.2 Medium Density Residential –
(R-1A-PUD – 8-14 du/ac) ................... 2-9

2.2.3 High Density Residential –(R-3-PUD
- 15-27du/ac) .................................... 2-11

2.3 Permitted Land Uses .................................... 2-14

2.4 Site Development Guidelines ..................... 2-16

2.4.1 Neighborhood Organization ........... 2-16

2.4.2 Focus on Open Space .................... 2-17

2.4.3 Building Setbacks ............................. 2-17

2.4.4 Land Use Compatibility .................... 2-17

2.4.5 Building Orientation .......................... 2-18

2.4.6 Presentation at Corners ................... 2-18

2.4.7 Streetscape Diversity ....................... 2-19

2.4.8 Residential Street Face .................... 2-20

2.5 Architectural Design ................................... 2-21

2.5.1 Form and Massing ............................ 2-21

2.5.2 Architectural Styles and Types........ 2-23

2.5.3 Roof Design ...................................... 2-24

2.5.4 Building Materials and Finishes ....... 2-25

2.5.5 Colors ................................................ 2-26

2.5.6 Garage Placement and Parking 2-28

2.5.7 Architectural Detailing .................... 2-30

2.5.8 Outdoor Spaces .............................. 2-32

2.5.9 Energy Efficiency .............................. 2-34

2.5.10 Utilities and Accessories ................... 2-35

2.6 Freeport Area Development Guidelines . 2-37

2.6.1 Freeport Character........................... 2-37

2.6.2 Freeport Town Building
Characteristics ................................. 2-38

2.6.3 Freeport Architectural Styles ........... 2-39

2.6.4 Freeport Design Principles ............... 2-40

COMMERCIAL CENTERS

3.1 Commercial Center Design Framework ..... 3-2

3.1.1 Regional Retail Center ...................... 3-2

3.1.2 Village Center Plaza .......................... 3-3

3.1.3 Mixed-Use Town Center .................... 3-3

3.2 The Village Center Plaza and the Public
Realm ............................................................. 3-5

3.3 Building Orientation and Setbacks .............. 3-8

3.4 Circulation and Parking .............................. 3-11

3.5 Building Form: Scale, Massing, and
Façades ....................................................... 3-14

3.6 Color and Materials .................................... 3-16

3.7 Canopies, Awnings, Overhangs, and
Arcades ........................................................ 3-18

3.8 Lighting ......................................................... 3-20

3.9 Services and Utilities .................................... 3-22

3.10 Landscape Elements .................................. 3-23

3.11 Street Furniture, Pedestrian Structures,
and Hardscaping ........................................ 3-25

3.12 Signage and Graphics ............................... 3-27

TABLE OF CONTENTS
TOCii PUD Guidelines City of Sacramento
Draft – January 2024
Table of Contents

3.13 Freeway Visibility .......................................... 3-40

MIXED -USE TOWN CENTER

4.1 Commercial Center Design Framework...... 4-2

4.2 The Town Center and the Public Realm ..... 4-4

4.3 Building Orientation and Setbacks .............. 4-6

4.4 Circulation and Parking ................................ 4-9

4.5 Building Form: Scale, Massing, and
Façades ....................................................... 4-12

4.6 Color and Materials .................................... 4-14

4.7 Canopies, Awnings, Overhangs, and
Arcades ....................................................... 4-16

4.8 Signage and Graphics ............................... 4-18

4.9 Lighting ........................................................ 4-20

4.10 Services and Utilities ................................... 4-22

4.11 Landscape Elements .................................. 4-23

4.12 Street Furniture, Pedestrian Structures,
and Hardscaping ....................................... 4-25

PARKS AND OPEN SPACE

5.1 Overview ........................................................ 5-1

5.2 Community Park ............................................ 5-3

5.3 Neighborhood Parks ..................................... 5-5

5.4 Mini Parks ...................................................... 5-12

5.5 Pocket/Image Parks .................................... 5-15

5.6 General Development Guidelines for all
Programmed Parks .....................................
5-16

5.7 Town and Village Center Plazas/Small
Public Places ............................................... 5-17

5.8 Open Spaces and Wetland Restoration 5-20

CIRCULATION AND STREETSCAPE

6.1 Design Principles ............................................ 6-2

6.2 Design Framework ......................................... 6-4

6.2.1 Future Extension of Cosumnes
River Boulevard................................... 6-5

6.2.2 24th Street ........................................... 6-5

6.2.3 Connections to Meadowview
Neighborhoods ...................................
6-5

6.2.4 Neighborhood Connections west
of I-5 ..................................................... 6-5

DELTA SHORES

6.2.5 Neighborhood Connections on
the East Side of I-5 ............................. 6-5

6.2.6 Residential Internal Streets ................ 6-5

6.3 Street Standards and Guidelines ................. 6-6

6.3.1 Site Access ......................................... 6-6

6.3.2 Street Types ........................................ 6-8

6.4 Bike Circulation System ............................... 6-22

6.4.1 Bike Classification System ................ 6-22

6.5 Community Entry Features ......................... 6-25

6.5.1 Community Entries/Gateways ........ 6-26

6.5.2 Neighborhood/District Gateways 6-28

6.5.3 Residential Neighborhood Entries 6-30

PUBLIC FACILITIES

7.1 Design Principles and Policies ...................... 7-1

7.2 Elementary Schools ....................................... 7-2

7.3 Fire Protection ................................................ 7-3

7.4 Electric Substation ......................................... 7-3

LANDSCAPE DESIGN

8.1 Overview ........................................................ 8-1

8.2 Planting Design .............................................. 8-2

8.3 Street Trees ..................................................... 8-3

8.4 Plant List .......................................................... 8-4

8.5 Irrigation and Water Conservation .............. 8-7

8.6 Fencing and Walls ......................................... 8-8

8.7 Paving and Hardscaping ........................... 8-10

8.8 Lighting ......................................................... 8-12

8.9 Streetscape Furniture, Water Features,
and Public Art .............................................. 8-13

8.10 Parking .......................................................... 8-15

8.11 Landscape Setback Buffers ........................ 8-18

INTRODUCTION
PUD Guidelines 1-1 City of Sacramento

INTRODUCTION
Draft – January 2024

DELTA SHORES

1.1 PROJECT OVERVIEW

1.1.1 Location
Delta Shores is a new, livable master-planned
community located within the city limits of the City of Sacramento. The approximately 782-acre project site
is located within the southern boundary of the city
along Interstate 5 (I-5). The site includes approximately 120 acres west of I-5 partially fronting Freeport
Boulevard, and approximately 620 acres east of I-5.

Delta Shores will be bisected by the future Cosumnes
River Boulevard, which will ultimately connect State
Route (SR) 99 to the east with I-5 to the west and
extend to Freeport Boulevard.

Figure 1.1: Regional Context

0 1.25

Miles

2.5 5 7.5 10

International
Airport

Mather

Executive

Murieta
Airport

Power Line Rd
16th St
Fulton Ave
Watt Ave
Watt Ave
Bradshaw Rd Manzanita Ave
Sunrise Blvd

1-2 PUD Guidelines City of Sacramento
Draft – January 2024

Introduction

1.1.2 Site History
Initial plans for development of the Delta Shores area
were prepared in the early 1980s and a Planned
Unit Development (PUD) was approved but never
implemented. The site is currently identified in the
City of Sacramento General Plan (General Plan) and
Airport-Meadowview Community Plan (Community
Plan) for high-tech industrial, commercial, and
residential uses. However, the site remained in
various forms of agricultural use as substantial urban
development has occurred around the area.

DELTA SHORES

A number of long-range infrastructure planning efforts
on the project site are now in the implementation and
permitting stages: sewer interceptor lines and water
mains are being installed as part of the Lower Northwest Interceptor, and the extension of Cosumnes River
Boulevard from Freeport Boulevard to Franklin Boulevard and I-5 Interchange improvements are now in the final
construction document stage after the environmental
impact report was certified on May 15, 2007 under
the California Environmental Quality Act/National
Environmental Policy Act [CEQA/NEPA]. In addition,
levee improvements along a portion of the southern
boundary of Delta Shores east of I-5 have recently been completed for Morrison Creek.

Figure 1.2: Site Context
47TH AVENUE

FLORIN ROAD

MEADOWVIEW ROAD

GERBER ROAD

MACK ROAD

Miles

0.5 LEGEND

POWER INN ROAD
PUD Guidelines 1-3 City of Sacramento
Introduction
Draft – January 2024

DELTA SHORES

The proposed Schematic Plan for Delta Shores is
consistent with direction provided by the General
Plan, Community Plan, the Sacramento Area Council
of Governments’ (SACOG’s) Blueprint Plan, and input
from the City of Sacramento’s planning staff and
neighbors of the project.

Public outreach efforts for the project coincided
with the General Plan update process. The Delta
Shores Schematic Plan reflects the culmination of the
feedback received from the General Plan Town Hall
meetings and the community aspirations as expressed
during the community meetings held by the Delta
Shores Development team.

Delta Shores parcels to the west of I-5 Electric power line easement running through the site

24th Street to the north of the site Stone Creek Road and construction on the Lower North West Interceptor

Site photographs of existing conditions

1-4 PUD Guidelines City of Sacramento
Draft – January 2024

Introduction

DELTA SHORES

1.2 VISION AND GOALS
The vision for Delta Shores focuses on high-quality
architecture, creation of walkable neighborhoods,
recognition of the unique natural setting of the
site, and responsiveness to market demands for
residential and retail opportunities within the Airport- Meadowview community. The Schematic Plan
contributes to building a visually interesting and
integrated community. In this regard, the Delta Shores
Planned Unit Development Guidelines are formulated
in a flexible manner to encourage creative solutions to various design opportunities.

The project goal is to build an integrated community
promoting smart-growth principles to enhance
quality of life, including low-impact development,
interconnected and pedestrian-friendly
neighborhoods, and easy access to public transit.

Maintaining a high quality of life and retaining
the charm and character of the surrounding
neighborhoods are important goals identified by
the City and the neighbors of the project. New
development projects within the Delta Shores site are
intended to achieve the following design goals:

• Implement the vision of Delta Shores
and promote an identity for the Airport-
Meadowview area

• Enhance quality of life and the natural
environment

• Create a pedestrian friendly transit oriented
community

• Encourage design innovation and flexibility

• Protect and improve property values through
design continuity

• Emphasize the creation of public places that
foster social interaction and support family
activities

1.3 DEVELOPMENT PHASING
Delta Shores development will be implemented in
several phases. The first phase consists of the Regional Retail Center south of the Cosumnes River Boulevard
and adjacent high density development. This will
help to create a vibrant horizontal mixed-use node
near the Village Center . The south detention basin
will also be constructed during this phase to mitigate
water detention and quality needs. The second
phase will include development of the residential
areas west of I-5 adjoining the existing Freeport
neighborhood. The third phase consists of the
Regional Retail areas north of Cosumnes River
Boulevard and most of the residential areas between
Cosumnes River Boulevard and 24th Street. The
wetland areas and the detention areas, along with
the balance of the residential areas, the mixed-
use Town Center and the community park will be
developed in the final phase. These phases are
the likely sequence of development but are not
mandatory. Market forces, infrastructure availability
and other factors may result in modifications to
phasing. Nothing in these Guidelines shall require
development in any particular sequence or in any
particular geographic phase.

To achieve these goals, this comprehensive set of
Development Guidelines has been devised for the
project.

PUD Guidelines 1-5 City of Sacramento
Introduction
Draft – January 2024

DELTA SHORES

1.4 PURPOSE OF THESE DEVELOPMENT GUIDELINES
These Development Guidelines define the necessary
criteria to promote quality design for Delta Shores.

The guidelines are intended to combine the design
and implementation of the Delta Shores community,
and unify the design of individual parcels into one
integrated community.

The Development Guidelines influence the
community’s visual character and integrity by
establishing high standards for site planning,
architecture, and landscape design for new
construction. The Development Guidelines
include both mandatory standards and design
recommendations to provide a systematic
development framework for Delta Shores. The
Development Guidelines and the City’s review
process will ensure that development projects within
the site implement the City’s goals, objectives, and
policies. The PUD Development Guidelines include the
following components and features:

• Development standards in cases where the
existing Sacramento City Code are not sufficient
or applicable

• Written and graphic descriptions of how all land
within the PUD will be used

• Written and graphic descriptions of design
principles and design intent to be achieved
by new development to implement the Delta
Shores vision

• Written and graphic descriptions of guidelines
and recommendations that may be followed
based on smart urban design practices
and design studies. Each development should
demonstrate how it meets the intent of these
Development Guidelines. This design approach
values creativity and allows for multiple solutions for any particular design issue. Flexibility and innovation are strongly encouraged. To that end, the use of the
words “shall” and “must” has been purposely limited.

1.5 ADMINISTRATION

1.5.1 Procedures for Approval
The Delta Shores development is a Planned Unit
Development. These guidelines, as approved and
adopted by the Sacramento City Council, are
intended to implement the goals and policies of the
General Plan and Community Plan, and to serve as a
supplement to the existing Sacramento Zoning Code.

In addition, the Delta Shores Development Guidelines
will establish the necessary criteria to promote quality design for the project.

The City Council, Planning Commission, and City
Planning staff will use the Development Guidelines to
review development proposals for Delta Shores, and
to implement the project’s vision. All developments,
whether as individual buildings or phased collectively, must comply with the appropriate discretionary
entitlement process administered by the Planning
Director, Planning Commission, City Council, or other
approval processes, as required by the City Code.

Any development must comply with the Development
Guidelines, as well as with the General Plan, Zoning
Code, and Community Plan. To the extent that the
provisions of these Development Guidelines conflict
with development standards or regulations in the
Sacramento Zoning Code, these Development
Guidelines shall prevail.

The Delta Shores Development Guidelines will be used
in the detailed planning and design of new projects.

Through modification of the zoning provisions of
the Sacramento City Code, the PUD Development
Guidelines create zoning standards applicable solely
to the Delta Shores PUD area, while incorporating
certain existing zoning standards by reference.

Property owners, developers, and design professionals
are encouraged to review the Development
Guidelines carefully before commencing planning

The vision for Delta Shores focuses on high-quality
architecture, creation of walkable neighborhoods,
and responsiveness to the unique natural setting of the site and meets market demands for residential and
retail opportunities within the Airport-Meadowview
community.
1-6 PUD Guidelines City of Sacramento
Draft – January 2024

Introduction

Amendments to the Schematic Plan and/or
PUD Design Guidelines shall be approved by the
appropriate city body in accordance with the
provisons of the Sacramento Municipal Code
and Development Agreement, if applicable. The
Schematic Plan approved concurrently with these
Development Guidelines is conceptual in nature,
and modifications that do not materially affect the
substance, nature or character of the PUD, including,
but not limited to, the number or configuration of
parcels, may be made during the Special Permit or
Plan Review process without the need for subsequent
legislative actions by the City Council.

When consistent with these Development Guidelines,
development in the PUD shall be subject to approval
under Chapter 17.180 of the Sacramento Zoning
Code as it reads as of the date of approval of these
Development Guidelines or as it may be amended in
the future.

1.5.2 Code and Zoning Provisions
Provisions of the Sacramento City Code and the
Sacramento Zoning Code as they exist as of the
date of approval of these Development Guidelines
are set forth in the Development Guidelines for the
convenience of the reader. These code provisions
may be amended in the future and any such
amendments will apply to development in the Delta
Shores PUD. The reader is urged to confirm what
amendments, if any, may have been made to the
code prior to submitting a development application.

DELTA SHORES

1.6 ORGANIZATION
These guidelines are organized into eight sections. The Introduction provides a brief overview of the Delta
Shores community vision and a description of the plan.

The remaining sections articulate criteria to which new projects must respond in their product designs.

Chapter 1: Introduction

Chapter 2: Residential Neighborhoods
Chapter 3: Commercial Centers
Chapter 4: Mixed-Use Town Center
Chapter 5: Parks and Open Space
Chapter 6: Circulation and Streetscape
Chapter 7: Public Facilities
Chapter 8: Landscape Design
PUD Guidelines 1-7 City of Sacramento
Introduction
Draft – January 2024

DELTA SHORES

PLAN OVERVIEW AND

PRINCIPLES

1.7 DESIGN PRINCIPLES
The Schematic Plan for the Delta Shores PUD employs
various sustainable design values such as reduction
of land consumption through higher net residential
densities; less dependence on automobile trips
through location efficiency and adjoining land
use compatibility; use of low-impact stormwater
management techniques; resource conservation;
energy efficiency; and quality design and innovation.

As an urban infill area, Delta Shores embraces many
of the smart-growth design principles outlined by
the SACOG Blueprint Plan. The planning and design
concepts of Delta Shores are consistent with the
Blueprint Plan’s growth principles, as summarized
below.

Aerial photograph of Delta Shores project site (Source: Frayji Design Group Inc., April 2005)

The Delta Shores Schematic Plan embraces the seven
design principles outlined by the SACOG Blueprint Plan

Provide a variety of transportation choices.

Integrate mixed-use development.

Encourage low-impact, compact development.

Provide diversity in housing choices.

Utilize and strengthen existing infrastructure.

Create attractive communities with a
strong sense of place.

Preserve open spaces and natural resources.
1-8 PUD Guidelines City of Sacramento
Draft – January 2024

Introduction

DELTA SHORES

Figure 1.3: Community Context - Public Transportation Routes, Railways and Light Rail

1. Transportation Choices
Provide people with a variety of transportation
choices including walking, bicycling, bus, and light rail to reduce reliance on automobile trips.

The Delta Shores project promotes “location-efficient”
urban development connected by a range of
transportation modes including walking, bicycling, and
use of bus, light rail, or carpool options. Delta Shores is the largest vacant urban infill site in the city. It is well located for access to downtown to the north, the
Sacramento River to the west, Elk Grove to the south,
and Cosumnes River College to the east. The street
right-of-way designs provide for all modes of travel;
thus, the remaining auto trips will be, on average,
shorter and less frequent.

Public facilities within the project area (such as schools and a fire station) have been carefully sited to serve
the community while being easily accessible to
surrounding neighborhoods.

The regional shopping center along the I-5 frontage
provides convenient access to quality shopping for both the Delta Shores community and the south Pocket and
Meadowview areas. The neighborhood shopping center
within the mixed-use village center area will provide
opportunities for business creation and neighborhood
retail for Delta Shores and Meadowview residents.

Delta Shores
Project Site

S WATT AVENUE

ELK GROVE FLORIN ROAD

FLORIN PERKINS ROAD

POWER INN ROAD

BRUCEVILLE ROAD
65TH STREET
24 TH STREET
FREEPORT BLVD.

E
G VE

PUD Guidelines 1-9 City of Sacramento
Introduction
Draft – January 2024

DELTA SHORES

2. Mixed-Use Developments
Encourage the integration of mixed land uses to
achieve better places to live.

The Delta Shores Schematic Plan provides locations
for neighborhood-serving, mixed-use development
that supports nonresidential uses and higher density
residential uses on a single parcel or within a 1,200-foot (approximately 1/4 mile) walking distance of the retail core. The location of homes, shops, and entertainment
uses near each other will create active and vital
neighborhoods. These mixed-use villages also function
as local activity centers, contributing to a sense of
community, where people can walk or bike to meet
and socialize. This mixture of uses can be either in
a vertical arrangement (mixed in one building) or
horizontal (with a combination of uses in proximity).

Delta Shores provides two mixed-use centers with
direct vehicular and pedestrian connections planned
to the future neighborhood transit village to the east.

Integration of mixed land uses creates better places to live.

3. Compact Development
Take advantage of compact building design to
reduce land-consumptive development practices
and create walkable neighborhoods that are
desirable places to live, work, learn, worship, and play.

Delta Shores is committed to providing compact
and connected neighborhoods creating a sense
of community. This approach allows Delta Shores
development to maximize open spaces, parks, and
recreational trails or paseos.

Delta Shores provides a range of housing types
and densities, creating environments that are more
compact and efficient while encouraging a healthier
and more environmentally friendly community. This
compact development encourages more walking,
biking, and public transit use, as well as shorter auto trips. Higher intensity housing and uses are clustered
near the village center and the town center.

Compact building design reduces land-consumptive
development practices and creates walkable
neighborhoods.
1-10 PUD Guidelines City of Sacramento
Draft – January 2024

Introduction

DELTA SHORES

4. Housing Choice and Diversity
Provide a range of housing opportunities and choices
for people of all incomes.

The Delta Shores Schematic Plan provides for a
variety of places where people can live – apartments,
condominiums, townhomes, and single-family
detached homes on lots of varying sizes. The range of
housing choices provides opportunities for people of
varied lifestyles, income levels, and ages. The housing options of Delta Shores provide for families, singles,
seniors, and people with special needs by following
ADA regulations in housing design.

A range of housing opportunities provides choices for people of all incomes.

5. Use of Existing Assets - Higher Intensity Infill
Development
Strengthen and direct development toward
existing communities, utilizing resources that existing neighborhoods offer to conserve open spaces and
irreplaceable natural resources on the urban fringe.

In urbanized areas, development on infill or vacant
lands, intensification of the use of underutilized
parcels, or redevelopment can make better use of
existing public infrastructure. Located along I-5, just north of lands controlled by the Sacramento Regional
County Sanitation District (SRCSD) and within 1/2 mile
of a future light rail station, Delta Shores is the largest vacant urban infill site within the Sacramento city limits.

The surrounding areas are completely developed and
urbanized. The extension of Cosumnes River Boulevard
will provide a major transportation link between SR 99
and I-5 in southern Sacramento. Provision for a major
commercial and residential neighborhood along
Cosumnes River Boulevard is important to the Delta
Shores infill concept. Both storm drainage and sanitary sewer facilities have been planned and constructed
to serve future development within the project site,
although this infrastructure will need to be modified
to accommodate the proposed street patterns and
overall layout of the Delta Shores Schematic Plan.

Furthermore, the Delta Shores community recognizes
the value of resource efficiency to enhance the
quality of life of residents. The Development Guidelines encourage new developments to use high-quality
construction practices that promote energy
efficiency, water efficiency, proper construction
waste management, efficient irrigation, light pollution reduction, and use of recycled and locally available
materials.

Strengthen and direct development toward existing
communities, utilizing resources that existing neighborhoods offer, to conserve open spaces and irreplaceable natural resources on the urban fringe.

PUD Guidelines 1-11 City of Sacramento
Introduction
Draft – January 2024

DELTA SHORES

6. Quality Design
Foster distinctive, attractive communities with a strong sense of place through quality design that responds to
community values and architectural distinctiveness.

Good site and architectural design is an important
factor in creating a sense of community and a sense
of place. Delta Shores incorporates quality design
details early in the plan creation process. A primary
concept of Delta Shores is to ensure the quality of
the public realm. Quality in the public realm consists
of the relationship of buildings to the street, setbacks, placement of garages, sidewalks, street landscaping,
the aesthetics of building design, connected streets
and paths, bike lanes, and the width of streets. These
factors will influence the attractiveness of living in Delta Shores, facilitate the ease of walking and biking to
work or neighborhood services, and contribute to the
creation of a sense of place.

Foster distinctive, attractive communities with a strong sense of place through quality design that responds to community values and architectural distinctiveness.

7. Natural Resource Preservation and Restoration
Preserve and enhance open spaces, critical
environmental assets, and natural resources.

The Delta Shores design concept incorporates public-
use open space (such as parks, town squares, trails,
and greenbelts), along with wildlife and plant habitat
preservation, and promotes environmentally friendly
practices such as energy efficient design, water
conservation stormwater management, and use of
shade trees to reduce the ground temperatures in the
summer (heat island effect).

Low Impact Development (LID) principles will be
incorporated into project design (as identified in
the Environmental Impact Report and Air Quality
Management Plan) to allow for localized and
effective water quality management using measures
that generally require less maintenance than
conventional controls. In addition to conserving
resources and protecting species, this principle
improves the overall quality of life by providing places for everyone to enjoy the outdoors. The Delta Shores
Schematic Plan is designed around an interconnected
system of trails, parks, and open spaces centered on
a wetland corridor that leads to the community park
and future regional park being planned by the City to
the south. In addition, the Delta Shores plan integrates wetland habitat areas and stormwater detention
ponds.

Preserve and enhance open spaces, critical environmental assets, and natural resources.

“Community sustainability requires a transition from
poorly managed sprawl to land use planning practices
that create and maintain efficient infrastructure, ensure close-knit neighborhoods and sense of community, and
preserve natural systems.”
Smart Communities Network
1-12 PUD Guidelines City of Sacramento
Draft – January 2024

Introduction

1.8 DESIGN FRAMEWORK

1.8.1 Land Use Concept
The Schematic Plan illustrates the general intent
of Delta Shores to create an integrated mixture of
land uses based on compatibility, accessibility, and
economic demands. The land uses within the project
include residential, commercial, open space, parks,
and institutional (Refer to Table 1.1 Schematic Land
Use Summary Table). The design concepts and
principles of the Schematic Plan are described below.

1. Centers
A major component of the framework of Delta
Shores is the location and design of two commercial/
residential, mixed-use centers and a direct connection
to a planned neighborhood transit village located
east of the project site, adjacent to the planned light rail station (on property located immediately east of
the Delta Shores project area).

Regional Retail Center

A focal point for the whole of south Sacramento is a
new Regional Retail Center that will provide region-
serving commercial and hospitality uses, lifestyle uses such as community entertainment and shopping,
and highway-oriented retail services. The shops within
the Regional Retail Center will front onto the Village
Center Plaza, creating an active, walkable pedestrian
place in the heart of Delta Shores. The Village Center
Plaza is strategically located along the extension loop of 24th Street with visibility from I-5.

Directly adjacent and connected to the central
entertainment area is a cluster of higher density
residential uses. The housing and entertainment
centers are designed around a central pedestrian
walkway connected by at-grade crossings on Delta
Shores Circle South.

The Village Center Plaza and commercial uses will
accommodate approximately 1.3 million square
feet of commercial uses, including opportunities for
large-format retail stores, specialty commercial uses, a movie theater, restaurants, and other entertainment-
type retail uses.

DELTA SHORES

Regional Retail Center

Table 1.1: Schematic Land Use Summary Table

Land Use
Net
Acres
% of Total
Acres
Residential
Low Density (4-7 du/ac.) 136.89 17.52%
Medium Density (8-14 du/ac.) 190.11 24.31%
*High Density (15-27 du/ac.) 69.28 8.86%
Commercial - Mixed Use
Mixed Use Town Center 19.89 2.54%
Village/ Regional Center 121.79 15.56%
Neighborhood Commercial 4.60 0.59%
Public/ Quasi-Public
Fire Station 2.00 0.26%
Utility-Water and sewer lift station 0.22 0.03%
Utility - Electrical Substation 0.99 0.13%
Elementary Schools
School 1 9.98 1.28%
School 2 9.97 1.28%
Parks and Open Space
Parks 46.15 5.90%
Open Space 23.54 3.01%
Wetland Restoration 22.94 2.94%
Detention 31.70 4.06%
Trails 3.58 0.46%
Circulation
Major Streets 89.83 11.49%
Total 782.13 100.0%
* HDR-12 land use is(18-36 du/ac) per 2035 General
Plan Traditional Neighborhood High Density land use
designation.
1-14 PUD Guidelines City of Sacramento
Draft – January 2024

Introduction

Figure 1.4: Land Use Concept

COSUMNES RIVER BOULEVARD

DELTA SHORES CIRCLE SOUTH
STATE HIGHWAY 5

FREEPORT BOULEVARDSACRAMENTO RIVER

8.02 AC8.62 AC9.97 AC6.08 AC

5.48 AC

5.88 AC

8.59 AC

6.90 AC
N. Corner Com2.75 ACS. Corner Com2.71 AC 5.23 AC4.97 AC5.76 AC9.42 AC8.89 AC1.99 AC2.28 AC5.74 AC4.03 AC

29.28 ACRegionalCommercial

9.08 AC9.66 AC8.41 AC

5.87 AC

8.77 AC

14.47 AC

10.46 AC

11.39 AC7.52 AC9.98 AC8.60 AC2.60 ACCommunityCenter

10.98 ACCommunity ParkP-1014.41 AC

5.47 AC3.37 AC

2.80 AC

17.00 ACDetentionBasin

7.28 ACDetentionBasin

4.59 AC

97.16 ACRegionalCommercial 15.53 AC
9,680 SF

7.84 AC

3.52 AC3.16 AC1.21 AC

1.51 AC

1.52 AC

1.65 AC
HDR-6 MU-1
P-9ES-2 HDR-7 HDR-8 MDR-10S MDR-9S
MDR-13 HDR-5MDR-12 MDR-11 MDR-10FP-7HDR-3HDR-4
MDR-3MDR-4HDR-2
HDR-11MDR-15
MDR-17
MDR-18
MDR-19MDR-14ES-1P-11
MU-2 \ MU-8
MDR-2HDR-1
P-1
P-6
WF-1
HDR-12
S-1
OS-1 OS-2OS-3OS-4
DE-4
DE-6
MDR-514.04 ACMDR-8PHASE 110.05 ACMDR-8PHASE 27.20 ACMDR-117.69 AC LDR-117.38 AC
P-35.88 AC
LDR-4 9.40 AC
LDR-78.29 ACLDR-65.63 AC
LDR-116.27 AC
LDR-813.45 AC
MDR-67.50 AC
MDR-78.42 ACDET-12.57 AC
P-41.21 ACP-50.66 AC
MDR-160.8 ACLDR-94.97 AC
LDR-512.73 ACLDR-36.32 AC
LDR-107.35 AC
LDR-242.21 AC
E-SMUDSUBSTATION1.0 AC
P-11

11.67 AC

13.04 AC

PUD Guidelines 1-15 City of Sacramento
Introduction
Draft – January 2024

DELTA SHORES

Mixed-Use Town Center

A mixed-use Town Center will be located within a
1/2 mile walking distance of most of the residential
neighborhoods and in the physical center of
Delta Shores. This Town Center will accommodate
approximately 161,600 square feet of neighborhood-
serving retail uses (i.e. grocery store, drugstore, and neighborhood services) within a cluster of high-
density housing. The Town Center is envisioned as
the community social gathering place, a walkable,
pedestrian environment with connections to
the community open space and trail network,
neighborhood parks, and the future regional park
south of Delta Shores.

2. Residential Neighborhoods
The Delta Shores Schematic Plan accommodates
a maximum of 5,222 new homes consisting of a
mixture of low-, medium-, and high-density housing
units to suit the needs of people of varying family
structures and socioeconomic groups. Construction
of a variety of housing types is envisioned. In addition to conventional single-family residential and higher
density attached multifamily units, the neighborhoods
will accommodate newer housing types including
small-lot homes, detached townhomes, zipper lots,
zero-lot-line homes, detached cluster homes, and a
variety of attached residential for-sale and rental units.

High density residential prototype
The residential neighborhoods are organized in a series of smaller clusters to enhance the sense of identity
and sense of place within each neighborhood. The
neighborhoods are connected through an informal
grid of streets and interconnected pedestrian paths
and bike trails, all providing access to the Town
and Village Centers, schools, parks, and the future
Regional Park and Transit Center. Local connecting
streets provide direct access to the Village Center, the Mixed-Use Town Center, and the future Transit Village
to the east.

The overall neighborhood organization and the variety
of housing types for Delta Shores will foster a more
compact form of development and a more efficient
use of this infill site than a traditional residential
subdivision.

Residential streetscape

The general intent of the Delta Shores Land Use Plan is to create an integrated mixture of land uses based on
compatibility, accessibility, and economic trends.
1-16 PUD Guidelines City of Sacramento
Draft – January 2024

Introduction

3. Neighborhood Schools
Delta Shores provides sites for two elementary
schools (approximately 10 acres each) adjacent
to two neighborhood parks (approximately 5 acres
each). The elementary schools and neighborhood
parks are located in the center of their respective
residential neighborhoods, one to the north of

Cosumnes River Boulevard and a second to the south.

The proposed school sites are linked to surrounding
residences through the system of on- and off-street
pedestrian paths, bike paths, and paseos. To enhance
open space, pedestrian access, and educational
opportunities, the northern school site is also adjacent to a central open space and wetland area. The
school sites are proposed sites only and the decision
of whether or not to build the elementary schools

and where to build them will be made by the school
district.

School next to a park and seasonal wetland feature

DELTA SHORES

1.8.2 Open Space, Parks, and Recreation Concept
Active Parks and Recreation
The neighborhoods are served by a large community
park (10.98 acres) adjacent to the future regional
park envisioned by the City south of the project site,
six neighborhood parks (3 – 8.6 acres each), two
pocket parks (1 - 2.5 acres each) private park facilities (0.5 - 1 acre or less) and two plazas within the mixed- use centers.

The Quimby Act requires 38.94(net) acres of parkland
with private facility credits to accommodate the
project’s maximum unit count of 5,222
. Presently the
development provides 46.15 acres of parklands.

Several of the parks are sited adjacent to school sites, open-space areas, and paseos, maximizing the
connectivity to the off-street trail system and
enhancing visual access to open space in the
neighborhoods. The range of parks provides
opportunities for both active and passive recreational
uses including ball fields, hard-court play areas, picnic areas, and tot lots. Larger neighborhood parks are
located adjacent to the schools to maximize joint-use
opportunities. The community park is located in the
eastern portion of the project site, south of the future Cosumnes River Boulevard and adjacent to

the City-envisioned regional park, thereby maximizing
opportunities for active park uses.

The private parks provide character design elements
to the higher intensity residential neighborhoods, thus increasing the quality of life for residents and providing additional “green” relief and gathering areas for informal neighborhood socializing and social interaction. These
parks provide multiple opportunities for passive and
active recreation uses such as tot lots, small greens,
community gardens, and quiet meditation areas.

In addition to these more formal public parks, the Delta Shores Master Plan includes urban public spaces in
the form of plazas, and gathering spaces within the
Town and Village Centers. These spaces function as
outdoor living rooms for the community and places
for formal and informal gatherings, public events, and
meetings. Critical to the success of these more public
plazas is their proximity and relationship to retail uses, entertainment, food, and restaurants. Delta Shores
also provides a 2.6-acre private community recreation
center for residents with a community pool, exercise
rooms, and meeting spaces.

The Delta Shores Land Use Plan includes various forms
of open and public spaces that will function as outdoor living spaces in the community.

PUD Guidelines 1-17 City of Sacramento
Introduction
Draft – January 2024

DELTA SHORES

Open-Space Restoration
Delta Shores includes the restoration of a historic
drainage area that has been graded and farmed for
generations. The plan envisions restoring this historic drainage swale to a functional wetland feature that
leads through the project site to Morrison Creek,
south of the site. This 22.94 acre open-space wetland
feature, which includes a 50-foot upland buffer area,
will provide an on-site surface storm drainage swale
that will flow through water quality basins into a
stormwater detention basin proposed to be located
on the south portion of the site.

Soccer Field

Figure 1.5: Parks and Open Space Plan

Figure 1.5: Parks and Open Space Plan
Neighborhood
Park
Mini
Park
Neighborhood
Park
Mini
Park
Neighborhood
Park
Neighborhood
Park
Cosumnes River Boulevard
IPrivate
Park
Community Park
Detention
Basin
Detention
Basin
Neighborhood
Park
Neighborhood
Park

Detention
Basin Detention/Water Quality

Bartley Cavanaugh
Golf Course

Open Space

DELTA SHORES CIRCLE SOUTH
STATE HIGHWAY 5
Community Park

DELTA SHORES CIRCLE SOUTH
STATE HIGHWAY 5
Community Park
neighborhood
Park
LTA
L
Pedestrian Signal Crossings

1-18 PUD Guidelines City of Sacramento
Draft – January 2024

Introduction

The water quality basins, detention basin, and
mitigation wetlands will serve as dual-use features. The features will be designed to provide aesthetic views,.
trails and active-use areas, as well as to provide for
utility functions. The water detention and mitigated
wetland will also help enhance the visual quality
of this area. To maximize community benefit, the
central open-space corridor is coupled with off-street
pedestrian and bicycle trails that extend north-south
through the site, including through the mixed-use
Town Center to an at-grade crossing at Cosumnes
River Boulevard that links to off street pedestrian and bicycle trail system on the north side of Cosumnes
River Boulevard. It is understood, however, that this
restoration, including its design and accessibility to the public, will be subject to the requirements of a Federal Clean Water Act Section 404 permit and a Section
401 Water Quality Certification from the California
Regional Water Quality Board.

Open space trail

Open space trail
1-18 PUD Guidelines City of Sacramento

DELTA SHORES

1.8.3 Circulation Plan
Pedestrian Trails, Paseos, and Bikeways
The Delta Shores Schematic Plan area is internally
linked through a system of on- and off-street
pedestrian paths, bicycle trails, and paseos. All the
paths, trails, and paseos are envisioned as
landscaped corridors linking the parks, Village and
Town Centers, and schools. The off-street paths and
corridors will range in width from 15 to 50 feet,
depending on the adjoining uses.

The major pedestrian link will extend along the
restored wetland feature, linking the existing
schools and parks of the adjoining Meadowview
neighborhood to the north with the future
regional park to the south.

Roadway Network
The Delta Shores plan provides a network of local
streets, arterials, and collectors throughout the site, organized as an informal street grid to distribute
and disperse traffic loads and improve
connectivity throughout the site. The street
network is envisioned to include a comprehensive
system of bikeway facilities both on- and off-
street. The roadway network provides connections
to Cosumnes River Boulevard along 24th Street,
and minor roadways to the Meadowview
neighborhood to the north. Key roadway
segments are described below.

Cosumnes River Boulevard Extension
Cosumnes River Boulevard will extend through the
site in an east/west direction. It is envisioned by the City as a six-lane divided roadway between I-5 and
24th Street and a four-lane divided roadway east of
24th Street. Delta Shores development is
anticipated to generate impact fees and other
funding sources that would assist the City and
California Department of
Transportation (Caltrans) in constructing the boulevard extension to 24th Street on an accelerated schedule.

PUD Guidelines 1-19 City of Sacramento
Introduction
Draft – January 2024

DELTA SHORES

I-5 Interchange Improvements
A key improvement planned for the site is the
construction of the I-5/Cosumnes River Boulevard
freeway interchange. The planned interchange
improvements include demolition of the existing
Stone Creek Boulevard overpass and construction of
a new partial cloverleaf interchange with signalized
off-ramps. The I-5 interchange improvements include
parcel trades and utility relocation to accommodate
the freeway widths for new on- and off-ramps. Delta
Shores development is anticipated to generate
impact fees and other funding sources that would
assist the City and Caltrans in constructing the
interchange on an accelerated schedule.

Community Connections
Community connections are provided to the existing
Meadowview neighborhood to the north through
the extension of 24th Street and several smaller local
streets within the project site. Additional potential
connections to the adjoining site to the east are
anticipated, potentially to Detroit Avenue. Pedestrian
and bike connections are encouraged throughout the
development for multi-modal connectivity. The east
end of the project site is within an approximately 1/2
mile radius of the proposed light rail stop on Cosumnes River Boulevard. The development will also have
local and regional bus connections to provide public
modes of transportation and reduce dependency on
personal automobiles.

Figure 1-6: Circulation Plan
Bartley Cavanaugh
Golf Course
Proposed Extension of Cosumnes River Boulevard
Manorside
Cavalier Drive
Richfield Way
Cosumnes River Boulevard
24th Street
Sacramento River
Freeport Boulevard
LEGEND
Property Boundary
Existing Street
Proposed Street
Figure 1-6: Circulation Plan
Bartley Cavanaugh
Golf Course
Manorside
Cavalier Drive
Richfield Way
Cosumnes River Boulevard
24th Street
Sacramento River
Freeport Boulevard
LEGEND
Property Boundary
Existing Street
Proposed Street
Constructed Street
Bartley Cavanaugh
Golf Course
Manorside
Cavalier Drive
Richfield Way
Cosumnes River Boulevard
24th Street
Sacramento River
Freeport Boulevard
LEGEND
Property Boundary
Existing Street
Proposed Street
Figure 1-6: Circulation Plan
Constructed Street

1-20 PUD Guidelines City of Sacramento
Draft – January 2024

Introduction

DELTA SHORES

Community Design, Entry Features, and Gateways
The roadway system of Delta Shores includes
landscape features that establish the character and
quality of the new neighborhoods. Entry features and
gateway signs are envisioned along the major collector
streets leading into the site from Cosumnes River
Boulevard. All streets are envisioned as well-landscaped public spaces with large-canopy street trees planted
within the street parkways. The design of the public
realm is intended to create a high-quality, pedestrian- oriented environment that encourages residents to
walk and bike to local parks, commercial centers, and
the future light rail transit stop.

Community entry landmark

Draft – January 2024

Introduction

DELTA SHORES

1-22 PUD Guidelines City of Sacramento

Figure 1.7: Illustrative Concept Plan

*
HDR-12 (18-36 du/ac) per 2035 General Plan Traditional Neighborhood High Density Land Use Designation Residential
LDR Low Density Residential 136.89 17.50% 635 (Per Approved Tentative Map) MDR Median Density Residential 65.70 8.40% 556 (Per Approved Tentative Map) MDR Median Density Residential 8-14 DU/AC 124.41 15.91% 1742 HDR High Density Residential 15-27 DU/AC 69.28 8.86% 2010 Subtotal 396.28 50.67% 4943
Commercial - Mixed Use
C Mixed Use Town Center 23-29 DU/AC 19.89 2.54% 159
C Village/Reginal Center 121.79 15.57%
C Corner Retail 4.60 0.59%
Subtotal 146.28 18.70% 159
Public/Quasi-Public
FF Fire Safety 2.00 0.26%
S Sewer lift station 0.22 0.03%
SS Utility - Electrical Substation 0.99 0.13%
Subtotal 3.21 0.41%
ES School 1 9.98 1.28%
ES School 2 9.97 1.27%
Subtotal 19.95 2.55%
Parks and Open Space
P Park 46.15 5.90%
OS Open Space 24.02 3.07%
OS-WL Wetland Restoration 22.94 2.93%
OS-D Detention 31.70 4.05%
Trail Trails 3.58 0.46%
Subtotal 128.39 16.42%
Circulation
Major Streets 89.83 11.49%
Subtotal 89.83 11.49%
Total 782.13 100.00% 5,102
Schools
UnitsLand Use Density Range Acres Percent

COSUMNES RIVER BOULEVARD

DELTA SHORES CIRCLE SOUTH
STATE HIGHWAY 5

FREEPORT BOULEVARDSACRAMENTO RIVER
E-SMUDSUBSTATION1.0 AC

8.02 AC8.62 AC9.97 AC6.08 AC

5.48 AC

5.88 AC

8.59 AC

6.90 AC
N. Corner Com2.75 ACS. Corner Com2.71 AC 5.23 AC4.97 AC5.76 AC9.42 AC8.89 AC1.99 AC2.28 AC5.74 AC4.03 AC

29.28 ACRegionalCommercial

9.08 AC9.66 AC8.41 AC

5.87 AC

8.77 AC

14.47 AC

10.46 AC

11.39 AC7.52 AC9.98 AC8.60 AC2.60 ACCommunityCenter

10.98 ACCommunity ParkP-1014.49 AC

5.47 AC3.37 AC

2.80 AC

17.00 ACDetentionBasin

7.28 ACDetentionBasin

4.59 AC

97.16 ACRegionalCommercial 6.37 AC9.16 AC9,680 SF

7.84 AC

3.52 AC3.16 AC1.21 AC

1.51 AC

1.52 AC

1.65 AC
HDR-6 MU-1
P-9ES-2 HDR-7 HDR-8 HDR-10 HDR-9
MDR-13 HDR-5MDR-12 MDR-11 MDR-10FP-7HDR-3HDR-4
MDR-3MDR-4HDR-2
HDR-11MDR-15
MDR-17
MDR-18
MDR-19MDR-14ES-1P-11
MU-2 \ MU-8
MDR-2HDR-1
P-1
P-6
WF-1
HDR-1 HDR-2S-1
OS-1 OS-2OS-3OS-4
DE-4
DE-6
MDR-514.04 ACMDR-8PHASE 110.05 ACMDR-8PHASE 27.20 ACMDR-117.69 AC LDR-161.16 ACP-35.88 AC
VILLAGE 215.72 AC
VILLAGE 48.29VILLAGE 318.36 AC
VILLAGE 113.62 AC
LDR-612.28 AC
MDR-67.50 AC
MDR-78.42 ACDET-12.57 AC
P-41.21 AC

DELTA SH

LOT DE AREATRADITIONAL LO TOTAL

6.37 AC HDR-13

9.16 AC HDR-14
Land Use

LDR Low Density Residential 4-7 DU/AC 136.89 17.50%958

Residential
Residential
LDR Low Density Residential 136.89 17.52% 635 (Per Approved Tentative Map) MDR Median Density Residential 65.70 8.41% 556 (Per Approved Tentative Map) MDR Median Density Residential 8-14 DU/AC 106.12 13.58% 1486 Units Land Use Density Range Acres Percent
P-11

11.67 AC

13.04 AC

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