Agenda packet — West Sacramento City Council, November 6, 2024 (part 5 of 5)

EXCEPTING THEREFROM all of the minerals, oil, gas, asphaltum and other hydrocarbons and substances associated therewith and other minerals whether similar to those herein specified or 569
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not, now or at any time hereafter in, on or under said property, as reserved in the Deed executed by Ralph J. Cebrian, et al., recorded February 18, 1969 in Book 903 of Official Records at Page 558.

Said mineral rights were granted to West Sacramento Port Center, Inc., a California corporation by Deed recorded February 18, 1969 in Book 903 of Official Records at Page 560.

The right to enter upon the surface or upper 500 feet of said land were quitclaimed by West Sacramento Port Center, Inc., to Wes Pac Properties, Inc., by Deed recorded May 24, 1977 in Book 1247 of Official Records at Page 435.

APN: 046-180-06-1, 046-180-07-1; 046-190-03-1
PARCEL 14:

Lots 5-A, 6-A, 7-A, 10-A, 11-A, 12-A, 14-A, 15-A, 20-A of West Sacramento Company’s Properties Subdivision A, filed January 7, 1913 in Book 2 of Maps, Page 68, Yolo County Records.

APN: 046-200-01-1, 046-200-04-1, 046-200-08-1
PARCEL 15:

Parcel 10, as shown on that Record of Survey, filed January 24, 1969, in Book 10 of Maps and Surveys, pages 39 to 48, Yolo County Records.

EXCEPTING THEREFROM, fifty per cent (SO°/o) of all oil, mineral, geothermal and similar rights, together with a right-of-entry upon the real property hereby conveyed for the purpose of extracting the same so long as the grantee’s reasonable use of the real property hereby conveyed is not unreasonably disturbed, as reserved in the Deed executed by West Sacramento Port Center, Inc., recorded November 30, 1978, in Book 1340 of Official Records,

Page 400 ends

APN: 046-210-02-1
PARCEL 16:

Parcel 2, as shown on that Record of Survey filed January 24, 1969, in Book 10 of Maps and Surveys, pages 39 to 48, Yolo County Records.

EXCEPTING THEREFROM, fifty percent (SO%) of all oil, mineral, geothermal and similar rights, together with a right-of-entry upon the real property hereby conveyed for the purpose of extracting the same so long as the grantee’s reasonable use of the real property hereby conveyed is not unreasonably disturbed, as reserved in the Deed executed by West Sacramento Port Center, Inc., recorded November 30, 1978, in Book 1340 of Official Records,

Page 400 ends

APN: 046-210-01-1
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PARCEL 17:

The land described herein is situated in the State of California, County of Yolo, City of West Sacramento, and is described as follows:

PARCEL 17A:

BEGINNING at the Southeast corner of Lot 22-A of Subdivision A of West Sacramento Company’s Properties, Subdivision A, 488.26 acres, filed for record in the office of the Recorder of Yolo County, California on January 7, 1913 in Book 2 of Maps at Page 68; thence from said point of beginning, North 1571.9 feet along the Easterly boundary of said Subdivision A to a point in the Northerly boundary of Swamp Land Survey No. 771, Yolo County Surveys; thence South 89° 58’ East 1650.0 feet along said North boundary line; thence South 1570.9 feet to a point in the center line, produced Easterly of Burrows Avenue of said West Sacramento Company’s Properties, Subdivision A; thence West 1650.0 feet along said Easterly production of the center line of Burrows Avenue to the POINT OF BEGINNING.

PARCEL 17B:

BEGINNING at a point on the dividing line between Swamp Land Surveys Nos. 644 and 991, Yolo County Surveys, which is North 25° 42’ East 17.7 feet from an iron pipe set in the ground at the Northeast corner of Swamp Land Survey No. 771, Yolo County Surveyors; thence from said POINT OF BEGINNING West 532.19 feet, more or less to a point on the dividing line between the property belonging to Lizzie H. Glide, formerly belonging to George B. Wall in said Swamp Land Survey No. 991; thence South 0° 23’ East 13.15 feet to a point on the Northerly boundary of said Swamp Land Survey No. 711; thence North 89° 58’ West 86.0 feet along said Northerly boundary line to a point on the Southerly projection of the center line of the main drainage canal of Reclamation District No. 900; thence South 1271.21 feet along said Southerly projection of the center line of said main drainage canal, to a point which is North 25° 42’ East 332.6 feet from the point of intersection of the dividing line between Swamp Land Surveys Nos. 644 and 771, with the Easterly production of the center line of Burrows Avenue, Burrows Avenue being delineated on the Map of West Sacramento Company’s Properties, Subdivision A, 488.26 acres, according to the Official Plat thereof, filed for record in the Office of the Recorder of Yolo County, California, on January 7, 1913 in Book 2 of Maps, at Page 68; thence North 25° 42’ East 1425.3 feet along the dividing line between said Swamp Land Survey 644 and Swamp Land Survey 771, and the dividing line between said Swamp Land Survey 644 and Swamp Land Survey 991 to the POINT OF BEGINNING.

PARCEL 17C:

BEGINNING at a point on the dividing line between Swamp Land Surveys 771 and 991, Yolo County Surveys, which is North 89° 58’ West 525.5 feet from an iron pipe set in the ground at the Northeast corner of said Swamp Land Survey 171; thence from said POINT OF BEGINNING North 0° 23’ West 13.15 feet along the dividing line between the property of Lizzie H. Glide and the property formerly belonging to George B. Wall in said Swamp Land Survey 991; thence West 85.91 feet to a point on the Southerly projection of the center line of the main drainage canal of Reclamation District No. 900; thence South 13.1 feet along said Southerly projection of the center line of said main drainage canal to a point on the dividing line between 571
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Swamp Land Survey 711 and said Swamp Land Survey 991; thence South 89° 58’ East 86.0 feet along said dividing line to the POINT OF BEGINNING.

PARCEL 17D:

BEGINNING at the Northeast corner of Lot 31-A of the Subdivision A West Sacramento Company’s Properties, Subdivision A, containing 488.26 acres according to the Official Plat thereof, filed for record in the Office of the recorder of Yolo County, California in Book 2 of Maps, at Page 68; thence from said POINT OF BEGINNING East 1650.0 feet along the center line and the Easterly production of the center line of the main drainage canal of Reclamation District No. 900; thence South 13.1 feet to a point in the North boundary of Swamp Land Survey 711, Yolo County Surveys; thence North 89° 58’ West 1650.0 feet along said North boundary line to a point in the East boundary of said West Sacramento Company’s Properties Subdivision A~ thence North 12.1 feet along said Easterly boundary of said Subdivision A to the POINT OF BEGINNING.

APN: 046-190-04-1
PARCEL 18:

Parcel 2, Parcel Map No. 4505, filed November 19, 2001 in Book 2001 of Maps Page 130, Yolo County Records. EXCEPTING THEREFROM all oil, minerals, asphaltum and other hydrocarbons now or at any time hereafter in, on, or under said real property but without the right of surface entry through the surface of said land or upper 500 feet thereof, as reserved by West Sacramento Port Center, Inc. in Deed recorded May 12, 1977 in Book 1245 of Official Records, Page 443, Yolo County Records.

APN: 046-190-08-1
PARCEL 19:

Lot 32A, West Sacramento Co’s Properties Subdivision A, filed January 7, 1913, in Book 2 of Maps, Page 68, Yolo County Records.

APN: 045-230-13-1
PARCEL 20:

BEING A PORTION OF LOT 29-A, WEST SACRAMENTO LAND COMPANY SUBDIVISION ―A,‖ IN PROJECTED SECTION 19, TOWNSHIP 8 NORTH, RANGE 4 EAST, M.D.B.& M., YOLO COUNTY’, CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING ATA POINT THAT IS SITUATE EAST 373.71 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 29-A, WEST SACRAMENTO LAND COMPANY SUBDIVISION ―A,‖ FILED FOR RECORD IN MAP BOOK 2, PAGE 68, YOLO COUNTY

RECORDS, THENCE FROM SAID POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH LINE OF SAID LOT 29-A, NORTH 164.00 FEET; THENCE EAST 293.98 FEET TO THE NORTHWESTERLY RIGHT OF WAY OF JEFFERSON BOULEVARD; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY OF JEFFERSON BOULEVARD SOUTH 36° 13’ 30‖ 572
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WEST, 203.30 FEET TO THE SOUTH LINE OF SAID LOT NO. 29-A; THENCE LEAVING SAID

NORTHWESTERLY RIGHT OF WAY OF JEFFERSON BOULEVARD AND ALONG THE SAID SOUTH LINE OF LOT NO. 29-A WEST 173.83 FEET TO THE POINT OF BEGINNING.

APN: 045-230-15-1
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EXHIBIT B
Diagram of the Property
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EXHIBIT C

PROJECT DESCRIPTION AND CONCEPTUAL MAPS FOR THE PROPERTY Yarbrough is located in the southwest village of Southport and generally bound by the Deep Water Ship Channel (DWSC) to the west, the Bridgeway Lakes communities to the north, agricultural land immediately to the east, and the southeast village of Southport beyond the former Yolo Shortline Railroad corridor. A narrow portion adjoins the southern city limits, which mark the proposed Project’s southern boundary. The diagram of the property below illustrates the location of the project.

The project’s land use designations will support development of approximately 3,004 residential units, including single-family detached homes on large- and medium-sized lots, alleyloaded homes, ―Z‖ lots (staggered zero-lot line lots), clusters, duplexes, live/work townhomes, courtyard townhomes, and apartments. The project includes a ―village core,‖ as envisioned by the Southport Framework Plan, located in the north-central portion of the development, connecting surrounding high- and moderate-density neighborhoods to the retail and commercial uses in the core by a network of small-scaled, tree-lined streets. A network of lakes and waterways would meander through the area. The project includes the development of a residential component (described above), open space framework, golf course, circulation plan, and infrastructure plan.

The village core consists of mixed-use development covering 47.5 acres and includes a neighborhood shopping center of up to 150,000 square feet of retail uses, up to 25,000 square feet of office development, up to 40 live/work residential units, up to 40,000 square feet of community facilities (including a golf clubhouse, daycare center, banquet facilities, worship centers, and recreation club facilities), and up to 800 high- and medium-density residential units.

The clubhouse for the golf course will be integrated into the village core. The village core will adjoin the chain of lakes (described below) on its south and east sides and will provide pedestrian connectors along selected local streets.

The compact, mixed-use character of the village core is intended to offer certain trafficreduction benefits over conventional development patterns. It locates high- and medium-density residential units close to retail, is linked to the surrounding neighborhoods by a network of pedestrian and bicycle routes, and places a concentration of residences within walking distance of the bus route along Jefferson Boulevard.

An elementary school site is designated at the northern edge of the project site as part of the village core, north of Southport Parkway and west of Jefferson Boulevard. The planned school site is located on an approximately 10-acre site; 3.5 acres of the campus are located within the project boundary. North of the project boundary and the campus, 1.5 acres are proposed for a joint park facility for school use.

Amenities on the project site would include an 18-hole golf course, neighborhood parks, and two (2) lake parks. The neighborhood parks would include a 5-acre sports park at the eastern side of the project site (East Sports Park) and six (6) smaller parks integrated into the neighborhoods and the lake park. The East Sports Park would include various sports fields (baseball, softball, and soccer), picnic areas, restrooms, and parking but is not proposed to include night lighting. The 15-acre lake park would include shoreline park space, a 575
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promenade/walking path along the lakes, small plazas, a par course, an open meadow for gatherings, an amphitheater, and active and passive recreation areas.

The project includes a Designated Trail System and a Lake Park which includes the Grand Meadow described above; Class 2 bike lanes along Jefferson Boulevard, Southport Parkway, and collector roads within the project site; and pedestrian connectors along selected local streets (See Open Space Map contained in Exhibit D). ―Class 2‖ bike lanes consist of lanes painted on the street and marked by signs.

The project includes a comprehensive system of arterial and collector streets (See Circulation Map contained in Exhibit D). Jefferson Boulevard will be expanded to four (4) lanes from the northern edge of the project site to the intersection with Southport Parkway in the village core; it would transition to two (2) lanes south of that point. Jefferson Boulevard will cross the lake on a new bridge south of the village core. Jefferson Boulevard will be built as a parkway, with a landscaped median and sides. Southport Parkway has been constructed to the intersection with Jefferson Boulevard. south of the Bevan Road intersection. The extension of Village Parkway shall intersect at the same location.

To provide the necessary drainage capacity, the project entails removal of the existing Main Drain and replacing its flood control and storm drainage functions with a string of lakes and waterways (See Drainage Map contained in Exhibit D). The lake and waterway system will be designed to provide enough floodwater storage to replace the capacity currently provided by the agricultural land on the project site and accommodate additional runoff produced by proposed development. Another function of the lake and waterway system will be to attenuate the increases in peak flow volumes resulting from the current system, which directs storm drainage to channels. Because the lake/waterway system would provide an additional increment of stormwater detention capacity beyond that needed to serve the project alone, it would allow a reduction in the capacity of the planned Main Drain Pump Station rehabilitation and pump upgrade. The lakes would also provide replacement habitat for that lost with the removal of the Main Drain, which consists of 13,500 linear feet (includes both sides). The proposed project includes approximately 47,500 linear feet of lake and canal edge within the project site, which replaces the ruderal habitat in a slightly different configuration than that of the Main Drain.
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EXHIBIT D
Land Use Table and Planning Areas Diagram
Land Use Table
Land Use Acres Density Unit-Low Unit-High Target Units
LR 144.8 1.1-5 159 724 575
MR 191.6 5.1-12 977 2,299 1,230
HR 37.9 12.1-25 459 948 539
MU 51.9 5.1-25 159 779 660
PQP 8.7 - - - -
RP 201.6 - - - -
OS 55.9 - - - -
Roads 18.5 - - - -
Total 711 - 1,754 4,749 3,004
Up to twenty percent (20%) of dwelling units may be transferred within the Project, in accordance with Section 2.4.3 of the Southport Framework Plan; provided, however, that such transfer(s) satisfy the City’s regional housing needs and are consistent with state and local laws.

Legend
LR Low Density Residential
MR Medium Density Residential
HR High Density Residential
MU Mixed Use
PQP Public/Quasi-Public
RP Recreation Park Facilities
OS Open Space
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Planning Areas Diagram
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Planning Areas Diagram
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Open Space Map For the Property
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Circulation Map For the Property
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Drainage Map For the Property
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EXHIBIT E
Additional Yarbrough Design Guideline Components
Additional Yarbrough Design Guidelines components shall be incorporated into the Yarbrough Design Guidelines for the Project and include and/or address the following:

IMPROVEMENT TIMING
Golf Course and Open Space Guidelines.

Landowner shall identify and agrees to
prepare and implement golf course and open
space guidelines, including a master plan sign
program for these amenities, and Best
Management Practices for golf course
operation to ensure water quality protection.

Landowner shall prepare a draft of the golf
course and open space guidelines, and submit
to the City for review, prior to the approval of
the first tentative map containing the golf
course.

The golf course and open space guidelines
shall be finalized by the Landowner and ready
for implementation, prior to the approval of the
first final map containing the golf course. No
final maps containing the golf course shall be
approved unless and until the City first
approves the golf course and open space
guidelines.

Master Sign Program. Landowner shall
identify and agrees to prepare and implement
a Master Sign Program for residential
subdivisions and future development
advertising, including off-site signs.

Prior to or concurrent with the approval of the
first final map.

Master Fence Program. Landowner shall
identify and agrees to prepare and implement
a Master Fence Program.

Prior to or concurrent with the approval of the
first final map.

Condominiums. Landowner shall need
design review approval of condominiums.

Prior to or concurrent with an application for a
subdivision map, creating condominium lots.

Lake and Waterway Management Plan.

Landowner shall prepare and implement a
lake and waterway management plan. The
lake and waterway management plan shall
address urban runoff, Reclamation District 900
management and operation requirements, and
include Best Management Practices.

Prior to the approval of the first final map for
the Project, whichever occurs first.

Lake and Waterway Management Plan must
be approved by both City and Reclamation
District 900.

Signage. Landowner shall prepare and
implement signage along the lake and water
system and pumping facility to define proper
and improper usage and to minimize the
potential for the introduction of exotic fish.

Landowner shall prepare and implement
construction/safety signage along the lake and
water system and pumping facility as soon as
there is water in the lakes and/or canals.

Prior to the approval of the first site
improvement permit or final map for the
Project, whichever occurs first.

Prior to the approval of the first grading permit
for the Project.
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Levee Construction Restriction. Landowner
shall identify areas subject to the potential for
construction and improvements which might
include limitations on in-ground swimming
pools, spas, or basements.

Prior to or concurrent with the approval of
each tentative map.
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EXHIBIT F
Master Affordable Housing Agreement
The Master Affordable Housing Agreement shall be drafted based on the following:

1. The substantive terms of the Master Affordable Housing Agreement shall be identified and generally accepted by City staff, prior to the approval of the first tentative map for the Project. No final map may be filed or issued for the Project until the Master Affordable Housing Agreement is approved by the City.

2. The Project shall comply with Chapter 15.40 of the City’s Municipal Code (as that Chapter exists at the time of execution of the Master Affordable Housing Agreement) with modifications as set forth in the Master Affordable Housing Agreement, including, but not limited to:
a. The Master Affordable Housing Agreement shall address the inclusionary housing obligations adopted by the City for Bridgeway Lakes II (DA No. 04-02, Ordinance No. 05-1). Landowner’s first priority shall be to fulfill this obligation and inclusionary units must be built prior to or concurrent with the Yarbrough inclusionary units. This requirement does not replace the Landowner’s concurrent development of Yarbrough units (unless otherwise provided in the Master Agreement.
b. The provisions set forth in this Agreement, including the Master Affordable Housing Agreement, shall not supersede any requirement that Landowner has with respect to the Bridgeway Lakes II project, including but not limited to the City’s option, the number of inclusionary units required to be built, and specific dates/triggers for completion of construction of the inclusionary units.
c. Affordable housing for the Yarbrough Project shall be based on 3,004 residential units.
d. Affordable housing units shall be constructed concurrently with market rate development.
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EXHIBIT G

DESCRIPTION OF THE GOLF COURSE
The golf course will be a full length 18-hole course with two loops of returning nines and will include a Pro Shop. Near the Pro Shop will be a full length driving range that will accommodate golfers for everyday play as well as tournament events. Also near the Pro Shop will be a practice putting area and an area for golf construction. The golf course will have multiple sets of tees designed to accommodate a broad range of skill levels. The total yardage of the course will range from approximately five thousand five hundred (5,500) to seven thousand (7,000) yards. Full length golf cart and maintenance paths will be included. The course will have wide fairways and generous greens averaging six thousand five hundred (6,500) square feet. There will be several water features incorporated into the golf course design. The purpose of the water features will be to help drain the surrounding development and add playing interest to the course.
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EXHIBIT H

SOUTH RIVER ROAD BRIDGE PROJECT
The South River Road Barge Canal Crossing and Village Parkway Extension Project (the ―South River Road Bridge‖) includes the following, in addition to the right-of-way for each:
• Construction of a four- (4) lane bridge over the Yolo Barge Canal, approximately four hundred and sixty (460) feet long.
• Extension of the four- (4) lane Village Parkway from Stonegate Boulevard to the new canal crossing
• Widening South River Road to three (3) lanes (north of Barge Canal to the US-50 highway off-ramp).
• Lineal footage of the roads is approximately seven thousand two hundred feet (7,200).

The widening of South River Road to three (3) lanes north of the Barge Canal is considered interim due to existing right-of-way constraints along this segment, enabling earlier implementation of the project. As the South River Road industrial area redevelops, the ultimate widening of South River Road to four (4) lanes will be required. Additionally, the project will include a two- (2) way left-turn lane, median islands, bike lanes, traffic signals, curb, gutter, sidewalk, storm drainage, and landscaping.
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EXHIBIT I

TRAFFIC IMPACT FEE STUDY REQUIREMENTS
The following improvements shall be included in the update to the Traffic Impact Fee study:

IMPROVEMENT TIMING
The realignment of the Harbor/Industrial
Intersection to three (3) legs.

Needed at combined development of 6,300
residential units in the Southport Area beyond
those identified as Existing plus Approved.

The construction, striping, and signage of a
free right-turn lane on the westbound
approach to Gateway Drive at the Jefferson
Boulevard intersection.

Needed at combined development of 350
residential units in the Southport Area beyond
those identified as Existing plus Approved.

The construction, striping, and signage of a
free right-turn lane on westbound Linden Road
(north) at the Jefferson Boulevard intersection.

Needed at combined development of 2,650
residential units in the Southport Area beyond
those identified as Existing plus Approved.

The construction, striping, and signage of an
additional left-turn lane on 15th Street at
Jefferson Boulevard.

Needed at combined development of 2,750
residential units in the Southport Area beyond
those identified as Existing plus Approved.

The construction, striping, and signage of a
third left-turn lane and expansion of the
intersection by converting the dedicated
northbound right-turn lane to a combined
through/right-turn lane at the Jefferson
Boulevard/Lake Washington Boulevard
intersection. Improvements shall include
signal timing interconnect at the Southport
Parkway/Lake Washington Boulevard
intersection.

Needed at combined development of 3,900
residential units in the Southport Area beyond
those identified as Existing plus Approved.

The widening of Jefferson Boulevard from
Linden Road (south) to Marshall Road.

Needed prior to any residential development in
the Southport Area beyond those identified as
Existing plus Approved.

Signal modifications at Jefferson
Boulevard/Higgins Road.

Needed at development of 2,250 units within
the Project.

The construction of a traffic signal at the
Jefferson Boulevard/Davis Road intersection
and reconstruction and improvement of a
southbound left-turn lane.

Needed at development of 1,000 units within
the Project.

The construction of a traffic signal at the
Jefferson Boulevard/Davis Road intersection
and reconstruction and improvement of a
northbound right-turn lane.

Needed at development of 2,250 units within
the Project.

The construction of a traffic signal at the
Jefferson Boulevard/Bevan Road intersection
and reconstruction and improvement of a
northbound and southbound left-turn lane.

Needed at development of 1,000 units within
the Project.
* For purposes of this Agreement, ―development‖ occurs with the issuance of a building permit. 588
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EXHIBIT J
Traffic Improvements and Funding Commitment
The following Improvements and funding commitments shall be at the sole expense of the Landowner. Unless otherwise indicated, the Improvements and funding commitments shall not be eligible for credits or reimbursement by the City.

IMPROVEMENT TIMING
Traffic Signal. Landowner shall install a
traffic signal at the Jefferson
Boulevard/Southport Parkway intersection and
reconstruct the left-turn lane, through lane,
and right-turn lane. (Eligible for credit).

Prior to the development of the 500th
residential unit in the Project.

Bridge. Landowner commits and agrees to
advance ―sufficient funds‖ for the construction
of the South River Road Bridge, as reduced by
advance funding contributions made by other
Project applicants. For purposes of this
section, sufficient funds shall mean the
engineer’s cost estimate to construct the
bridge and related improvements, as
described in Exhibit H, as approved by the
City’s Public Works and Community
Development Director, and as determined
prior to the approval of the first final map for
the Project. (Eligible for credit).

Funding for the design, construction, and
development of the South River Road Bridge
shall be made by Landowner at least eighteen
(18) months before the combined development
of 2,000 residential units in the Southport
Area, beyond those identified as Existing plus
Approved, or as more particularly described in
the Comprehensive Financing Agreement.

The South River Road Bridge shall be
completed prior to the combined development
of two thousand (2,000) residential units in the
Southport Area, beyond those identified as
Existing plus Approved.

Village Parkway Extension. Landowner shall
commit to construct or advance funds in an
amount equivalent to the Project’s share of
costs for the Village Parkway Extension which
shall extend north and east beyond the Project
boundaries to Davis Road. (A portion of the
improvement is eligible for credit).

Commitment shall be made prior to the
approval of the first final map for the Project.

Jefferson Boulevard. Landowner shall
construct the widening of Jefferson Boulevard
from Marshall Road to the Project into four (4)
lanes. (May be eligible for credit).

IMPROVEMENT TIMING
Gregory Avenue. Landowner shall commit to
and construct traffic improvements to Gregory
Avenue at the new Village Parkway Crossing;
provided, however, that the construction of the
improvements and costs thereof will be shared
by other proposed projects in the Southport
Area. (Not eligible for credit).

Construction shall be concurrent with Project
development as prescribed by the updated
Traffic Study prepared by the City and shall be
completed prior to sixty-five percent (65%)
buildout of the Project.

Burrows Avenue. Landowner shall
reconstruct Burrows Avenue to the latest Rural
Road Standards, within the Project and to the
east of the Project (extending from Jefferson
Boulevard to Gregory Avenue), including traffic
calming measures, as approved in writing by
the City. (Not eligible for credit).

Concurrent with Project development along
Bevan Road.

Bevan Road. Landowner shall reconstruct
Bevan Road east of Jefferson Boulevard to
Gregory Avenue, and to the latest Rural Road
Standards, including traffic calming measures,
as approved in writing by the City. (Not
eligible for credit).

Concurrent with Project development along
Burrows Avenue.

Southport Parkway. Landowner shall install
a traffic signal at the Southport Parkway and
Marshall Road intersection and add a second
(2nd) through lane to northbound Southport
Parkway. (Eligible for credit).

Traffic signal shall be installed concurrent with
Project development as prescribed by the
updated Traffic Study prepared by the City. All
improvements shall be completed prior to the
development of 2,551 residential units in the
Project.
* For purposes of this Agreement, ―development‖ occurs with the issuance of a building permit. 590
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EXHIBIT K
Memorandum of Development Agreement
Recording Requested by and
When Recorded Return to:

City of West Sacramento
1110 West Capitol Avenue
West Sacramento, California 95691
No recording fee required pursuant to
Government Code Section 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE

MEMORANDUM OF DEVELOPMENT AGREEMENT
Yarbrough
THIS MEMORANDUM OF DEVELOPMENT AGREEMENT is made this ___ day of ____, 2008, by and between the CITY OF WEST SACRAMENTO (―City‖) and ____________________ (―Landowner‖), collectively referred to as the ―Parties.‖ City and Landowner are Parties to that certain ―Development Agreement‖ dated ____________ (the ―Development Agreement‖), the terms and conditions of which are hereby incorporated by this reference as if set forth in full herein. The Development Agreement controls the development of that certain real property, including improvements thereto, situated in the County of Yolo, State of California, and described as follows (the ―Property‖):
[See Exhibit A]
Dated: _____________________________

THE CITY OF WEST SACRAMENTO
By: ________________________________
Name:______________________________
Its: Mayor
Dated: _____________________________

LANDOWNER

ASB SOUTHPORT II LLC,
a California Limited Liability Company
By: ________________________________
Name: _____________________________
Its: ________________________________
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ATTEST:

Kryss Rankin,
City Clerk
APPROVED AS TO FORM:

Robert E. Murphy
City Attorney
Dated: _______________________________
BILLY G. AND LOUIS YARBROUGH TRUST,
a Revocable Family Trust
By: __________________________________
Name: _______________________________
Its: __________________________________
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EXHIBIT L
Mitigation Monitoring and Reporting Plan
Mitigation Measure Timing
Implementing
Party
Monitoring
Party

AESTHETICS
Mitigation Measure AES-3: Install Temporary
Visual Barriers between Construction Zones
and Residences—During the construction period,
the project proponent or the contractor will install
temporary screen fencing to obstruct undesirable
views of construction activities from rural
residences’ backyards that abut the project site.

The fencing is to be approximately 7 feet high to
help maintain the privacy of residents. Fencing
shall be installed along the common property line
where the Yarbrough site abuts a rural residence.

Prior to start
of
construction
Project
proponent
and
construction
contractor
City of West
Sacramento

AGRICULTURAL RESOURCES
Mitigation Measure AG-1: Provide
Compensatory Agricultural Land Protection—
The development agreement to be entered into by
the City and developer shall require the developer
to provide for the conservation of 405 acres of
agricultural land of similar production value within
Yolo County prior to the issuance of grading
permits or recordation of final maps, whichever
comes first. ―Conservation‖ shall consist of the
purchase of development rights and establishment
of a conservation easement pursuant to Civil
Code Section 815 et seq. for one or more parcels
of land. The land may consist of one parcel or
contiguous parcels, or parcels that are contiguous
to existing conservation easements. The
easement shall be dedicated to the Yolo Land
Trust, or similar entity that meets the requirements
of Civil Code Section 815.3.

If the land subject to the easement is suitable as
Swainson’s Hawk foraging habitat and as
agricultural land, this may be coupled with lands
conserved for Swainson’s hawk mitigation, when
agreeable to the City.

Prior to
construction
Project
proponent
City of West
Sacramento

AIR QUALITY
Mitigation Measure AIR-1a: Implement
Measures That Reduce NOX Emissions from
During
construction
Project
proponent
City of West
Sacramento
593
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Heavy-Duty Equipment—During all grading and
construction activities, at least 10% of diesel
engine-driven construction equipment on site shall
be equipped with Tier 1 or Tier 2 engines as
certified by the ARB or use engines, aqueous, or
alternative diesel fuels certified by the applicable
air district to provide equivalent benefits.
 At least 40% of the remaining diesel
engine-driven construction equipment shall
have diesel particulate filters and leanNOX catalysts (or equivalent control devices).
 Minimize idling time to 5 minutes when
construction equipment is not in use,
unless idling is per engine manufacturer’s
specifications or more time is required for
safety reasons.
 To the extent practicable, manage
operation of heavy-duty equipment to
reduce emissions such as heavy-duty
earthmoving, stationary, and mobile
equipment in optimum running conditions,
which can result in 5% fewer emissions.
 To the extent practicable, employ
construction management techniques such
as timing construction to occur outside the
ozone season of May through October, or
scheduling equipment use to limit
unnecessary concurrent operation.
 Use electric equipment when feasible.
 Properly maintain equipment according to
manufacturer’s specifications.
 District Rule 2.3 requires controlling visible
emissions to not exceed 40% opacity for
more than three minutes in any 1-hour
period, which includes all (on-road and offroad) diesel-powered equipment. shall ensure
construction
contractor
implements
measure
Mitigation Measure AIR-1b: Implement the
Yolo-Solano Air Quality Management District’s
Best Available Control Measures to Reduce
Fugitive Dust Emissions from Construction
Activities—Table 3.3-11 lists the YSAQMD’s
recommended best available control measures to
reduce fugitive dust emissions from construction
activities. The YSAQMD recommends that the
During
construction
Construction
contractor
City of West
Sacramento
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measures should be incorporated where
applicable and has indicated that strict
enforcement of these measures would effectively
reduce fugitive dust emissions to a less-thansignificant level.

Mitigation Measure AIR-1c: Implement
Construction Phasing to Reduce Daily and
Annual Emissions to the Maximum Extent
Practicable— The project applicant will
implement phased grading that reduces the total
active construction area on a daily basis to reduce
total construction emissions. For locations other
than the lake, not more than 100-acres in a single
day may be graded. The lake area shall be
graded in not less than two phases to reduce
areas disturbed at one time. Phase 1 grading for
the lake may occur to the west of Jefferson
Boulevard, but must not occur to the east of
Jefferson Boulevard. Phase 2 grading shall not
begin until Phase 1 grading for the lake is
complete. Phase 2 grading of the lake may occur
to the east of Jefferson Boulevard.

During
construction
Project
proponent
City of West
Sacramento
Mitigation Measure AIR-4: Include
Construction and Design Features to Reduce
Emissions from Operations— The Yolo-Solano
Air Quality Management District Handbook for
Assessing and Mitigating Air Quality Impacts
identifies several measures that can be used to
minimize emissions associated with residential
projects. These measures include:
 duct system within the building thermal
envelope, or insulated to R-3;
 passive cooling strategies including
passive or fan-aided cooling planned for or
designed into structure, a cupola or roof
opening for hot air venting or underground
cooling tubes;
 outdoor lighting designed for high
efficiency, solar-powered or controlled by
motion detectors;
 natural lighting in buildings;
 building siting and orientation to reduce
energy use;
 summer shading and wind protection
Design
phase
Project
proponent
City of West
Sacramento
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measures to increase energy efficiency;
 use of concrete or other non-polluting
materials instead of asphalt for parking
lots;
 use of landscaping to shade buildings and
parking lots;
 photovoltaic and wind generators;
 installation of energy efficient appliances
and lighting; and
 installation of mechanical air conditions
and refrigeration units that use non-ozone
depleting chemicals.

The City shall amend the design guidelines as
necessary to include the above measures.

Mitigation Measure AIR-7a: Prioritize Parking—
Prioritized parking within commercial and retail
areas shall be given to electric, hybrid, and
alternative-fuel vehicles that emit no or reduced
GHG emissions in comparison with gasoline or
diesel-powered vehicles. Parking spaces shall be
clearly marked to this effect.

Design
phase
Project
proponent
City of West
Sacramento
Mitigation Measure AIR-7b: Employ Cool-Roof
Technology—Nonresidential buildings with flat
roofs shall incorporate cool-roof technology (high
reflectance, high-emittance roof surface) into their
design, thereby reducing energy use for air
conditioning in comparison with standard roofing
(California Energy Commission 2005). The City
shall require this to be included in nonresidential
building plans.

Design
phase
Project
proponent
City of West
Sacramento
Mitigation Measure AIR-7c: Require
Leadership in Energy and Environmental
Design (LEED) Certification—Nonresidential
development within the village core area shall be
certified by Leadership in Energy and
Environmental Design (LEED).

Design
phase
Project
proponent
City of West
Sacramento

BIOLOGICAL RESOURCES
Mitigation Measure BIO-1a: Conduct
Mandatory Contractor/Worker Awareness
Training for Construction Personnel—Before
any work occurs in the project area, including
grading, a qualified biologist will conduct
mandatory contractor/worker awareness training
Prior to start
of
construction
Project
proponent
and
construction
contractor
City of West
Sacramento
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for construction personnel. The awareness
training will be provided to all construction
personnel to brief them on the need to avoid
impacts on biological resources, particularly
riparian habitat, protected trees, and specialstatus wildlife (i.e., active nests of migratory birds and raptors, giant garter snakes), and the
penalties for not complying with biological
mitigation requirements. If new construction
personnel are added to the project, the contractor
will ensure that the personnel receive the
mandatory training before starting work.

Mitigation Measure BIO-1b: Install
Construction Barrier Fencing to Protect
Riparian Habitat and Other Sensitive
Biological Resources Adjacent to the
Construction Zone—The developer or its
contractor will install orange construction barrier
fencing to identify environmentally sensitive areas
that are to be avoided. The construction
specifications will require that a qualified biologist
identify riparian habitat, protected trees, and other
sensitive biological habitat on-site and identify
areas to avoid during construction. Sensitive
communities within the area required for
construction, including staging and access, shall
be fenced off to avoid disturbance in these areas.

Before construction, the construction contractor
will work with the project engineer and a resource
specialist to identify the locations for the barrier
fencing and will place stakes around the sensitive
resource sites to indicate these locations. The
protected area will be designated an
environmentally sensitive area and clearly
identified on the construction specifications. The
fencing will be installed before construction
activities are initiated and will be maintained
throughout the construction period. The following
paragraph will be included in the construction
specifications:

The contractor’s attention is
directed to the areas designated
―environmentally sensitive areas.‖
These areas are protected, and no
entry by the contractor for any
purpose will be allowed unless
Prior to and
during
construction
Construction
contractor
City of West
Sacramento
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specifically authorized in writing by
the project proponent. The
contractor will take measures to
ensure that contractor’s forces do
not enter or disturb these areas,
including giving written notice to
employees and subcontractors.

Temporary fences around the environmentally
sensitive areas will be installed as the first order of work. Temporary fences will be furnished,
constructed, maintained, and removed as shown
on the plans, as specified in the special
provisions, and as directed by the project
engineer. The fencing will be commercial-quality
woven polypropylene, orange in color, and at least
4 feet high (Tensor Polygrid or equivalent). The
fencing will be tightly strung on posts with a
maximum 10-foot spacing.

Mitigation Measure BIO-1c: Redesign Project
or Compensate for Removal of Protected
Trees—To the maximum extent feasible, the
project design will avoid loss of any protected tree.

As part of project design, the developer shall
retain a certified arborist to survey trees within the
project boundaries, including potential contractor
staging areas, and record their accurate location,
species, size (diameter at breast height [dbh]),
and canopy diameter. If the arborist’s survey
does not identify any protected trees that would be
removed or damaged as a result of the proposed
project, no further mitigation would be necessary.

Measures will be taken to avoid impacts on
protected trees, as detailed in the City’s tree
ordinance. Protected trees that are lost due to the
project will be replaced according to the provisions
of the ordinance, which generally requires a 1-
inch-diameter replacement for each inch lost. Any
trees planted as remediation for failed plantings
shall be planted as stipulated here for original
plantings and monitored for a period of 5 years
following installation. Tree replacement shall
occur after project construction.

The developer shall enter into a tree mitigation
agreement with the City, pursuant to the City’s
tree ordinance, prior to any removal of trees.

Design
phase
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proponent
City of West
Sacramento
598
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Mitigation Measure BIO-3a: Obtain and Comply
with State, Federal, and Local Permits—Before
construction begins, the developer will conduct a
delineation of waters of the United States within
the project area and submit a report and map of the
results to the Corps for verification. If the Corps
determines that the seasonal wetlands and irrigation
ditches are not waters of the United States, the
developer will not need to obtain a Clean Water Act
Section 404 permit. If the Corps decides that these
resources are waters of the United States, and
therefore are under its jurisdiction, the developer will obtain a Section 404 permit from the Corps for
placement of fill within waters of the United States
and a Section 401 certification from the RWQCB.

In addition, the developer will identify the extent of
the irrigation ditches that are within jurisdiction of
DFG for the purpose of obtaining a Section 1602
Streambed Alteration Agreement. All conditions
that are attached to the state and federal permits
would be implemented as part of the project. The
conditions would be clearly identified in the
construction plans and specifications and
monitored during and after construction to ensure
compliance.

Prior to start
of
construction
Project
proponent
City of West
Sacramento
Mitigation Measure BIO-3b: Implement
conditions of Federal and State Permits
Regarding Waters of the United States—As
part of the Section 404 and Section 7 processes
(for giant garter snake habitat in the irrigation
canals), the project proponent will compensate for
permanent impacts on waters of the United States
(including wetlands and giant garter snake habitat)
to ensure no net loss of habitat functions and
values. The compensation will be determined as
part of the state and federal permitting process
and may be a combination of on-site
restoration/creation, off-site restoration, or
mitigation credits. Compensation ratios will be
based on site-specific information and determined
through coordination with state and federal
agencies, as part of the permitting process for the
project.

Prior to and
during
construction
Project
proponent
City of West
Sacramento
Mitigation Measure BIO-4a: Establish a
Minimum 20-foot-wide Buffer around the
Prior to and
during
Project
proponent
City of West
Sacramento
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Elderberry Shrub That Will Be Avoided—Before
any ground-disturbing activities occur, the
developer will ensure that a minimum 4-foot-tall,
temporary plastic mesh-type construction fence
(Tensor Polygrid or equivalent) is installed at least
20 feet from the dripline of the elderberry shrub.

This fencing is intended to prevent encroachment
by construction vehicles and personnel. The exact
location of the fencing will be determined by a
qualified biologist, with the goal of protecting
sensitive biological resources (i.e., habitat for
VELB). The fencing will be strung tightly on posts
set at a maximum interval of 10 feet. The fencing
will be installed in a way that prevents equipment
from enlarging the work area beyond what is
necessary to complete the work. The fencing will
be checked and maintained weekly until all
construction is completed. This buffer zone will be
marked by a sign stating the following:

This is habitat of the valley
elderberry longhorn beetle, a
threatened species, and must not
be disturbed. This species is
protected by the Endangered
Species Act of 1973, as amended.

Violators are subject to
prosecution, fines, and
imprisonment.

No construction activity, including grading, will be
allowed until this condition is satisfied. The
fencing and a note reflecting this condition will be
shown on the construction plans.
construction and
construction
contractor
Mitigation Measure BIO-4b: Transplant
Elderberry Shrub That Cannot Be Avoided or
Implement Dust Control Measures during
Construction—If the elderberry shrub in the
project area cannot be avoided during
construction of the proposed residential
development, then the shrub will be transplanted
to a USFWS-approved conservation area in
accordance with Conservation Guidelines for
Valley Elderberry Longhorn Beetle (U.S. Fish and
Wildlife Service 1999a). The elderberry shrub will
be transplanted when it is dormant (after it loses
its leaves), in the period starting approximately in
November and ending in the first 2 weeks of
Prior to and
during
construction
Project
proponent
will ensure
construction
contractor
implements
measure
City of West
Sacramento
600
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Party
February. A qualified specialist familiar with
elderberry shrub transplantation procedures will
supervise the transplanting. The location of the
conservation area transplantation site will be
approved by USFWS before removal of the
elderberry shrub.

In the event that the elderberry shrub can be
retained on-site but occurs within 20 feet of
proposed construction activities, the developer will
ensure that dust control measures (e.g., watering)
are implemented in the vicinity of the shrub. To
further minimize impacts associated with dust
accumulation, the elderberry shrubs will be
covered by a protective cloth (i.e., burlap) during
all ground-disturbing activities occurring within
20 feet of the shrubs. The cloth will be removed
daily and immediately after ground-disturbing
activities are completed. In addition, temporary
construction fencing will be placed around the
dripline of the elderberry shrubs before the start of
construction activities to ensure that the shrub is
not inadvertently removed.

Mitigation Measure BIO-4c: Compensate for
Direct Effects on Valley Elderberry Longhorn
Beetle Habitat—In addition to implementation of
Mitigation Measure BIO-4b, the developer will
compensate for direct impacts (including
transplanting) on all elderberry stems measuring 1
inch or more at ground level (i.e., VELB habitat)
that are located within 20 feet of construction
activities. Compensation will include replacement
plantings of elderberry seedlings or cuttings and
associated native plantings in a USFWS-approved
conservation area, at a ratio between 1:1 and 8:1
(ratio = new plantings to affected stems),
depending on the diameter of the stem at ground
level, the presence or absence of exit holes, and
whether the shrub is located in riparian habitat
(U.S. Fish and Wildlife Service 1999a).

After
construction
Project
proponent
City of West
Sacramento
Mitigation Measure BIO-5a: Minimize Potential
Impacts on Giant Garter Snake during
Construction within Suitable Habitat—To avoid
and minimize impacts on giant garter snake, the
project proponent will implement the following
measures.

Prior to and
during
construction
Project
proponent
and
construction
contractor
City of West
Sacramento
601
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All construction activity within giant garter snake
aquatic and upland habitat in and around irrigation
ditches will be conducted between May 1 and
October 1, the active period for giant garter
snakes. This would reduce direct impacts on the
species because the snakes would be active and
respond to construction activities by moving out of
the way.
 Prior to any construction within suitable
giant garter snake aquatic habitat
(irrigation ditches), the habitat will be
dewatered and must remain dry for at least
15 consecutive days after April 15 and
prior to excavating or filling of dewatered
habitat.
 A USFWS-approved biologist will conduct
a preconstruction survey, no more than 24
hours before construction, in suitable
habitat and will be on-site during
construction activity in potential aquatic
and upland habitat. The construction area
will be resurveyed whenever there is a
lapse in construction activity of 2 weeks or
more.
 If a giant garter snake is encountered
within the construction work area,
construction activities must cease until the
snake moves out of the work area
unassisted. Capture and relocation of
trapped or injured individuals can be
attempted only by USFWS-permitted
personnel. The developer or its
contractors will notify USFWS within 24
hours and submit a report, including dates,
locations, habitat description, and any
corrective measures taken to protect the
snake(s) encountered. For each giant
garter snake encountered, the biologist will
submit a completed CNDDB field survey
form (or equivalent) to DFG no more than
90 days after completing the last field visit
to the project site.
 Construction personnel will participate in a
USFWS-approved worker environmentalawareness program. A qualified biologist will inform all construction personnel about
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the life history of giant garter snake and
the terms and conditions of the biological
opinion. Proof of this instruction will be
submitted to the USFWS Sacramento field
office.
 To ensure that construction equipment and
personnel do not affect giant garter snake
aquatic habitat outside the construction
work area (specifically along the northern
boundary of the project area), orange
barrier fencing will be erected to clearly
delineate the aquatic habitat to be avoided.
 A post-construction compliance report
prepared by a qualified biologist will be
forwarded to the chief of the Endangered
Species Division of the USFWS
Sacramento field office within 60 days after
completion of the proposed project. This
report will include dates that construction
occurred, pertinent information about the
applicant’s success in implementing
project mitigation measures, an
explanation of any failures to implement
mitigation measures, any known project
impacts on federally listed species, any
occurrences of incidental take of federally
listed species, and any other pertinent
information.

Mitigation Measure BIO-5b: Compensate for
Permanent Loss of Giant Garter Snake
Habitat— If on-site compensation is the preferred
option, then the developer will establish a
conservation area(s) that includes suitable giant
garter snake aquatic and upland habitat. The
developer will also prepare a giant garter snake
management plan that will specify success
criteria, identify remedial measures, and require
an annual report to be submitted to DFG and
USFWS.

The City shall permit the use of the same off-site
mitigation land for more than one purpose only
where both the nature of the terrain and limitations
on the use of the land ensure that the land can in
fact on a permanent basis mitigate for more than
one category of environmental impact. In making
such a determination, the City may consult or
After
construction
Project
proponent
City of West
Sacramento
603
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coordinate, as it deems appropriate, with Yolo
County, the California Department of
Conservation, the California Department of Fish
and Game, and/or the U.S. Fish and Wildlife
Service.

If feasible, the land to be preserved may also be
used to satisfy some or all of the obligations
created by Mitigation Measures AG-1 (Provide
Compensatory Agricultural Land Protection);
Mitigation Measure BIO-7 (Conduct
Preconstruction Surveys for Active Burrowing
Owls and Implement the California Department for
Fish and Game Guidelines for Burrowing Owl
Mitigation, if Necessary), and Mitigation Measure
BIO-9 (Compensate for Permanent Removal of
Swainson’s Hawk Foraging Habitat).

To comply with the ESA, final compensation
requirements and mitigation ratios for the
proposed project will be determined through
consultation with the Corps and USFWS
(including preparation of a biological opinion)
before issuance of grading permits for the affected
area. Because the precise compensation ratio
depends upon a number of variables that will be
determined by USFWS during this process,
including quality of habitat, a specific performance
standard is not available for the mitigation ratio.

The City shall permit the new lake and canal
edges to be considered as habitat for on-site
restoration areas, if approved by the Corps of
Engineers and the USFWS.

Mitigation Measure BIO-6: Conduct a
Preconstruction Survey for Northwestern
Pond Turtles—To avoid construction-related
impacts on northwestern pond turtles, the
developer will retain a qualified wildlife biologist to conduct a preconstruction survey for northwestern
pond turtles no more than 48 hours before the
start of construction. The wildlife biologist will look for adult northwestern pond turtles, in addition to
nests containing northwestern pond turtle
hatchlings and eggs. If a northwestern pond turtle
is located in the construction area, the biologist
will move the turtle to a suitable aquatic site,
outside the construction area. If an active
northwestern pond turtle nest containing either
No more
than 48
hours prior
to start of
construction
Project
proponent
City of West
Sacramento
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northwestern pond turtle hatchlings or eggs is
found, the developer will consult DFG to
determine and implement appropriate avoidance
measures, which may include a ―no-disturbance‖
buffer around the nest site until the hatchlings
have moved to a nearby aquatic site.

Mitigation Measure BIO-7: Conduct
Preconstruction Surveys for Active Western
Burrowing Owl Burrows and Implement the
California Department of Fish and Game
Guidelines for Western Burrowing Owl
Mitigation, if Necessary—DFG (1995)
recommends that preconstruction surveys be
conducted to locate active western burrowing owl
burrows in the construction work area and within a
250-foot-wide buffer zone around the construction
area. The developer or its contractor will retain a
qualified biologist to conduct preconstruction
surveys for active burrows according to DFG’s
Staff Report on Burrowing Owl Mitigation
(California Department of Fish and Game 1995).

The preconstruction surveys will include a
breeding season survey and wintering season
survey. If no western burrowing owls are
detected, no further mitigation is required. If
active western burrowing owls are detected, the
developer will implement the following measures.
 Occupied burrows will not be disturbed
during the breeding season (February 1 to
August 31).
 When destruction of occupied burrows is
unavoidable during the nonbreeding
season (September 1 to January 31),
unsuitable burrows will be enhanced
(enlarged or cleared of debris) or new
burrows created (by installing artificial
burrows) at a ratio of 2:1 on protected
lands approved by DFG. Newly created
burrows will follow guidelines established
by DFG.
 If owls must be moved away from the
project site during the nonbreeding
season, passive relocation techniques
(e.g., installing one-way doors at burrow
entrances) will be used instead of trapping,
as described in the DFG guidelines. At
Prior to
construction,
breeding
season
(February to
August) and
winter
Project
proponent
City of West
Sacramento
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least 1 week will be necessary to complete
passive relocation and allow owls to
acclimate to alternate burrows.
 If active western burrowing owl burrows
are found and the owls must be relocated,
the developer shall offset the loss of
foraging and burrow habitat on the project
site by acquiring and permanently
protecting a minimum of 6.5 acres of
foraging habitat per occupied burrow
identified on the project site. The
protected lands shall be located adjacent
to the occupied western burrowing owl
habitat on the project site or at another
occupied site near the project site. If
feasible, the land to be preserved may also
be used to satisfy some or all of the
obligations created by Mitigation Measure
AG-1 (Provide Compensatory Agricultural
Land Protection); Mitigation Measure BIO5b (Compensate for Permanent of Giant Garter Snake Habitat); and Mitigation
Measure BIO-9 (Compensate for
Permanent Removal of Swainson’s Hawk
Foraging Habitat). The City shall permit
the use of the same offsite mitigation land
for more than one purpose only where
both the nature of the terrain and
limitations on the use of the land ensure
that the land can in fact on a permanent
basis mitigate for more than one category
of environmental impact. In making such a
determination, the City may consult or
coordinate, as it deems appropriate, with
Yolo County, the USFWS, and/or the DFG.

Mitigation Measure BIO-8: Avoid Disturbance
of Tree-, Shrub-, and Ground-Nesting SpecialStatus and Non-Special-Status Migratory Birds and Raptors and Conduct Preconstruction
Nesting Bird Surveys—To avoid and minimize
impacts on nesting special-status and
non-special-status migratory birds and raptors, the
developer or its contractor will implement one or
more of the following surveys and restrictions.
 If feasible, conduct all tree and shrub
removal and grading (within annual
Prior to and
during
construction
Project
proponent
City of West
Sacramento
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grasslands) during the nonbreeding
season (generally between August 16 and
February 28) for most special-status and
non-special-status migratory birds.
 If construction activities are scheduled to
occur during the breeding season for
special-status and non-special-status
migratory birds and raptors (generally
between March 1 and August 15), a
qualified wildlife biologist (with knowledge
of the species to be surveyed) shall be
retained to conduct the following focused
nesting surveys prior to the start of
construction and within the appropriate
habitat.
 Swainson’s Hawk, Cooper’s Hawk, and
White-Tailed Kite. Tree-nesting surveys
for Swainson’s hawk, Cooper’s hawk, and
white-tailed kite will be conducted before
any construction disturbances occurring in
or near suitable nesting habitat (valley oak
riparian woodlands and areas supporting
large oak or eucalyptus trees) within the
construction work area and up to 500 feet
outside the construction work area
between March 1 and August 15.
 Loggerhead Shrike and Non-SpecialStatus Migratory Birds and Raptors.

Tree- and shrub-nesting surveys for
loggerhead shrike and other non-specialstatus migratory birds and raptors shall be conducted prior to any tree and shrub
trimming or removal activities within and
immediately adjacent to the construction
work area between March 1 and August

15.  Northern Harrier. Ground-nesting
surveys for northern harrier and other
ground-nesting non-special-status
migratory birds shall be conducted before
any construction disturbances occurring in
annual grasslands and agricultural areas
within and immediately adjacent to the
construction work area between March 1
and August 15.

The nesting surveys should be conducted within 1
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week prior to initiation of construction activities
that will occur in suitable habitat between March 1
and August 15. If no active nests are detected
during these surveys, then no additional mitigation
is required.

If surveys indicate that special-status or nonspecial-status migratory bird or raptor nests are found in the survey area identified above for each
species, a no-disturbance buffer shall be
established around the site to avoid disturbance or
destruction of the nest site until after the breeding
season or after a qualified wildlife biologist
determines that the young have fledged (usually
late June to mid-July). The extent of these buffers
shall be determined by the biologist (coordinating
with DFG) and will depend on the level of noise or
construction disturbance, line-of-sight between the
nest and the disturbance, ambient levels of noise
and other disturbances, and other topographical
or artificial barriers. These factors will be
analyzed in order to make an appropriate decision
on buffer distances. Suitable buffer distances
may vary between species.

If construction activities are scheduled to occur
within an area that supports an active nest site or
within an established no-disturbance buffer,
construction will be delayed until after the
breeding season or until the young have fledged
(as determined by the biologist).

Mitigation Measure BIO-9: Compensate for
Permanent Removal of Swainson’s Hawk
Foraging Habitat—Ruderal grasslands and
agricultural lands (grain fields) in the project area
provide suitable foraging habitat for Swainson’s
hawk. The nearest Swainson’s hawk nest site is
located within 1 mile from the project area,
resulting in a compensation ratio of 1:1 (1 acre
replaced for every 1 acre removed). According to
the Yolo County JPA’s Revised Swainson’s hawk
Interim Mitigation Fee program (January 9, 2006),
removal of foraging habitat for Swainsons’ hawk
will be mitigated for at a 1:1 ratio (1 acre of
Swainson’s hawk foraging habitat preserved for
every 1 acre of foraging habitat lost) by either
contributing to a mitigation fund or by establishing
a suitable conservation easement. Developers
Design
phase
Project
proponent
City of West
Sacramento
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with projects removing 40 or more acres of
Swainson’s hawk foraging habitat do not qualify to
pay into the JPA’s mitigation fund and instead are
responsible for locating and negotiating their own
conservation easement. At a 1:1 ratio, the
proposed project will require the purchase and
management of a 587-acre conservation
easement that provides suitable foraging habitat
for Swainson’s hawk. The developer
will coordinate with the JPA to locate a suitable
easement site that contributes to Yolo County's
overall preserve design. The conservation
easement will be subject to review and approval
by DFG, the JPA, and an appropriate easement
holder prior to acquisition. If possible, the
Swainson’s hawk foraging habitat conservation
easement will be located on suitable agricultural
lands that would provide joint compensation for
the loss of prime farmland in the project area (see
page 3.2-11).

Any potential breeding habitat lost due to project
development (i.e., cottonwoods, valley oaks, or
willows) must be replaced at a minimum of 1:1
ratio onsite. Mitigation as an acreage-based
habitat creation/restoration along the preserved
riparian corridor. If feasible, the land to be
preserved may also be used to satisfy some or all
of the obligations created by Mitigation Measure
AG-1 (Provide Compensatory Agricultural Land
Protection), Mitigation Measure BIO-5b
(Compensate for Permanent Loss of Giant Garter
Snake Habitat), and Mitigation Measure BIO-7
(Conduct Preconstruction Surveys for Active
Burrowing Owls and Implement the California
Department for Fish and Game Guidelines for
Burrowing Owl Mitigation, if Necessary). The use
of the same offsite mitigation land for more than
one purpose may be permitted subject to the
approval of California Department of Fish and
Game.

A mitigation plan shall be in place prior to project
implementation to ensure restoration activities
ensue after construction and proper success
criteria are established and approved by CDFG
pursuant to Sections 3503 and 2081 of the Fish
and Game Code.
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The developer has previously paid mitigation fees
for approximately 4.0 acres of the project site
associated with the construction of a water
storage tank and water main for the City on
portions of the project site. The mitigation
required will reflect this previous contribution.

Mitigation Measure BIO-13a: Design Pumping
Facilities Associated with the Constructed
Water Features to Minimize the Potential for
Fish Entrainment and Transport to the Deep
Water Ship Channel—Pumping facilities that
convey stormwater from constructed water
features to the Deep Water Ship Channel shall be
designed to minimize the potential for fish
entrainment and transport to the river. Design
considerations may include the use of fish screens
and/or pumps that minimize the potential for the
passage of live fish. DFG will be consulted during
the design phase of the pumping facilities to
ensure that appropriate criteria are used in the
design of the pumping facilities to minimize the
transport of fish.

Prior to
construction
Project
proponent
City of West
Sacramento
Mitigation Measure BIO-13b: Add Signage
Along Chain of Lakes to Increase Public
Awareness of the Consequences of
Introducing Exotic Fish Species—Signage shall
be added to public access points leading to the
chain of lakes to educate, and increase the
awareness of, the public regarding the
consequences of introducing exotic fish species to
the project’s water features. In addition, signage
shall include references to the appropriate
California Fish and Game Code(s) governing
species introductions and the transport of live fish.

Signage shall be made a requirement of the
design review standards for this development.

After
completion
of
construction
Project
proponent
City of West
Sacramento

CULTURAL RESOURCES
Mitigation Measure CR-2: Stop Work if Buried
Resources Are Discovered Inadvertently—The
project proponent and the construction contractor
will take the steps specified below during project
construction. If buried cultural resources, such as
chipped or ground stone, historic debris, building
foundations, or human bone are discovered
inadvertently during ground-disturbing activities,
During
construction
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proponent
and
construction
contractor
City of West
Sacramento
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work will stop in that area and within 100 feet of
the find until a qualified archaeologist can assess
the significance of the find and, if necessary,
develop appropriate treatment measures in
consultation with the City of West Sacramento, the
SHPO, and other appropriate agencies. In the
event that human remains are encountered,
Mitigation Measure CR-4 will be implemented
immediately.

Mitigation Measure CR-3: Stop Work in Event
of Fossil Discovery—The project proponent and
the construction contractor will take the steps
specified below during project construction. If a
fossil or material that could be a fossil is
inadvertently discovered during excavation
operations for site development, work will cease in
the immediate vicinity of the find. A qualified
paleontologist will be called to the site to evaluate
the find and determine the significance of the
fossil, and the City of West Sacramento shall be
notified at the same time. If it is determined to be
potentially significant, the paleontologist will be
given time to recover the fossil and other material
from the site. The paleontologist shall submit the
find to an appropriate museum or other repository
for curation.

During
construction
Project
proponent
and
construction
contractor
City of West
Sacramento
Mitigation Measure CR-4: Comply with State
Laws Relating to Native American Remains—If
human remains of Native American Origin are
discovered during project construction, it will be
necessary to comply with state laws relating to the
disposition of Native American burials, which fall
under the jurisdiction of the NAHC (PRC Section
5097). If any human remains are discovered or
recognized in any location other than a dedicated
cemetery, the City of West Sacramento will be
contacted and there will be no further excavation or
disturbance of the site, or any nearby area
reasonably suspected to overlie adjacent human
remains, until:
 the Yolo County coroner has been
informed and has determined no
investigation of the cause of death is
required, or
 if the remains are of Native American
During
construction
Project
proponent
and
construction
contractor
City of West
Sacramento
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origin, the descendents of the deceased
Native Americans have made a
recommendation to the landowner or the
person responsible for the excavation work
for means of treating or disposing of, with
appropriate dignity, the human remains
and any associated grave goods as
provided in PRC Section 5097.98 or the
NAHC is unable to identify a descendant
or the descendant fails to make a
recommendation within 24 hours after
being notified by the NAHC.

GEOLOGY, SOILS, AND SEISMICITY
Mitigation Measure GEO-5: Implement the
Corrective Actions Identified as Part of a
Project-Specific Geotechnical Report—The
project applicant shall implement special
engineering techniques identified in a projectspecific geotechnical report, which may include using reinforced steel in foundations, using
drainage control devices, and/or over-excavating
and backfilling with non-expansive soil during
construction activities to minimize the risk of
structural loss, injury, or death. Proposed areas of
development could also be supported on posttensioned slab foundations designed to resist and/or span the expansive soil. The project
applicant or its contractor will select one or more
of the recommended measures in consultation
with a qualified engineer and the city engineer
before construction activities begin.

Design
phase
Project
proponent
City of West
Sacramento
HAZARDS and HAZARDOUS MATERIALS
Mitigation Measure HAZ-1: Measures to
Minimize Exposure of People and the
Environment to Potentially Hazardous
Materials—To minimize the exposure of people
and the environment to potentially hazardous
materials, the following measures will be included
in the construction specifications and project
performance specifications, based on the City’s
standard requirements that construction
specifications include descriptions of the SWPPP,
dust control measures, and traffic mobilization.
 Encounters with Contaminated Soil. If
During
construction
Project
proponent
City of West
Sacramento
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contaminated soil and/or groundwater are
encountered during project construction,
work will be halted in the area, and the
type and extent of the contamination will
be identified. A qualified professional, in
consultation with the appropriate federal,
state, and/or local regulatory agencies will
then develop an appropriate method to
remediate the contamination. If
necessary, a remediation plan in
conjunction with continued project
construction will be implemented.

Hazardous or contaminated materials may
only be removed from the project site in
accordance with the following provisions:

1. All work is to be completed in
accordance with the following
regulations and requirements:
 Chapter 6.5, Division 20, California
Health and Safety Code.
 California Administration Code,
Title 22, relating to Handling,
Storage and Treatment of
Hazardous Materials.
 Title 15 of the City of West
Sacramento Municipal Code,
Building and Construction.
 The Uniform Building Code, 1997
edition.

2. Coordination will be made with the
EHD, and the necessary applications
will be filed.

All hazardous materials will be disposed of
at an approved disposal site and will only
be hauled by a current California
registered hazardous waste hauler using
correct manifesting procedures and
vehicles displaying a current Certificate of
Compliance. The contractor will identify by
name and address the site where toxic
substances are to be taken for disposal.

No payment for removal and disposal
services will be made without a valid
certificate from the approved disposal site
that the material was delivered.
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None of the aforementioned provisions will
be construed to relieve the contractor from
the contractor’s responsibility for the health
and safety of all persons (including
employees) and from the protection of
property during the performance of the
work. This requirement will be applied
continuously and not be limited to normal
working hours.
 Hazardous Materials Handling. The
project applicant will ensure, through the
enforcement of contractual obligations,
that all contractors transport, store, and
handle construction-related hazardous
materials in a manner consistent with
relevant regulations and guidelines,
including those recommended and
enforced by the U.S. Department of
Transportation, the Yolo County Public
Health Department (YCPHD), the
RWQCB, and the West Sacramento Fire
Department. The project applicant will
also ensure that all contractors
immediately control the source of any leak
and immediately contain any spill utilizing
appropriate spill containment and
countermeasures. If required by any
regulatory agency, contaminated media
will be collected and disposed of at an
offsite facility approved to accept such
media. In addition, all precautions
required by the RWQCB-issued NPDES
construction activity storm water permits
will be taken to ensure that no hazardous
materials enter any storm drains or nearby
waterways, which will reduce any potential
impacts to less than significant.
 Immediately Contain Spills, Excavate SpillContaminated Soil, and Dispose at an Approved Facility. In the event of a spill of
hazardous materials in an amount
reportable to the West Sacramento Fire
Department (as established by fire
department guidelines), the contractor
shall immediately control the source of the
leak, contain the spill and contact the West
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Sacramento Fire Department through the
9-1-1 emergency response number. If
required by the fire department or other
regulatory agencies, contaminated soils
shall be excavated, treated and/or
disposed of off-site at a facility approved to
accept such soils.

Mitigation Measure HAZ-7: Stockpile and
Sample Excavated Soils—Soil generated by
construction activities shall be stockpiled on site in
a secure and safe manner and sampled prior to
reuse or disposal at an appropriate facility.

During and
after
construction
Construction
contractor
City of West
Sacramento
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Mitigation Measure HAZ-8: Development and
Implementation of a Construction Traffic
Control Plan—The construction contractor, in
coordination with the City, will prepare a traffic
control plan during the final stage of project
design. The purpose of the plan is to:
 reduce, to the extent feasible, the number
of vehicles (construction and other) on the
roadways adjacent to the project;
 reduce, to the extent feasible, the
interaction between construction
equipment and other vehicles;
 promote public safety through actions
aimed at driver and road safety; and
 ensure safety for bicyclists and
pedestrians throughout the study area.

The plan will include the following measures or the
equivalent, as approved by the City.
 Provide through access for emergency
vehicles at all times.
 Avoid use of rural roads for construction
traffic. Construction traffic shall be routed
as required in Mitigation Measure TRF-1.
 Maintain access for driveways and private
roads. During nonworking hours, no
driveway, house, or parking lot will be
denied access to a public roadway.
 Maintain pedestrian and bicycle access
and circulation during construction.
 Identify roadway segments or intersections
that are at or approaching an LOS that
exceeds local standards. Provide a plan to
enable construction-generated traffic to
avoid these locations at peak periods to
the greatest extent possible, either by
traveling different routes or by traveling at
non-peak times.
 Provide for adequate parking for
construction trucks and equipment within
the designated staging areas throughout
the construction period.
 Provide adequate parking for construction
workers within the designated staging
Prior to and
during
construction
Construction
contractor in
consultation
with the City
of West
Sacramento
City of West
Sacramento
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areas.
 Restrict delivery of construction materials
to the hours between 9:00 a.m. and 3:00
p.m. to avoid more congested morning and
evening hours.
 Include flag persons wearing bright orange
or red vests and using a slow/stop paddle
as traffic controls on busy arterials and
collectors,
 Coordinate with local transit providers
regarding expected traffic disruptions
along bus routes. Provide adequate lead
time so that transit providers can develop
temporary service changes and provide
notice of changes to the public.
 Post construction warning signs in
accordance with local standards or those
set forth in the FHA Manual on Uniform
Traffic Control Devices (2001) at entry
points along the perimeter of the
construction area and at any intersection
that provides access to the construction
area.
 Provide advance notice to local emergency
service providers if lane closures occur, so
they may determine alternative evacuation
and emergency routes to maintain
response times during construction
periods.
 Provide written notification to contractors
regarding appropriate routes to and from
construction sites, and regarding weight
and speed limits for local roads used to
access construction sites.
 Post a sign at the construction site that
provides the name and telephone number
or email address of the City staff member
to contact with complaints regarding
construction traffic.

The construction traffic control plan will be
included in the construction specifications,
implemented by construction contractor during all
construction phases, and monitored by the project
proponents and member agencies.
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HYDROLOGY AND WATER QUALITY
Mitigation Measure HYD-1a Dry Season
Construction—Where construction activity in a
water body is unavoidable (e.g., realignment of
the existing agricultural drainages to create the
chain of lakes), and flows in the water body are
seasonal, construction should be conducted
during the dry season. This proposed mitigation is
subject to additional conditions as a result of
negotiations of the required permits from the
Corps, the DFG, and the Central Valley RWQCB.

In addition, following channel realignment, and
wherever there is potential for erosion as
determined by a qualified licensed engineer, the
new channel should be lined with cobbles or other
nonerosive materials to minimize the potential for
turbidity generated from the channel itself.

During and
after
construction
Project
proponent
and
construction
contractor
City of West
Sacramento
Mitigation Measure HYD-1b: Other Provisions
for Work in Surface Waters—Should dry season
construction prove infeasible, or where year-round
flows are present in the agricultural ditches, the
contractor shall implement measures to protect
surface water quality, such as flow diversions,
impoundments (e.g., coffer dams), or other
methods to avoid the direct exposure of surface
water to sediment created as part of construction
activity. As a performance standard, the
measures shall maintain Basin Plan standards for
turbidity, listed below.
 Where natural turbidity is between 0 and 5
Nephelometric Turbidity Units (NTUs),
increases shall not exceed 1 NTU.
 Where natural turbidity is between 5 and
50 NTUs, increases shall not exceed 20%.
 Where natural turbidity is between 50 and
100 NTUs, increases shall not exceed 10
NTUs.
 Where natural turbidity is greater than 100
NTUs, increases shall not exceed 1%.

Where the project has potential to result in
elevated turbidity, monitoring shall be performed
at least twice daily at upstream and downstream
locations to determine whether the standards
outlined above have been met. In the event that
During
construction
Construction
contractor
City of West
Sacramento
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they are not being met, the turbidity-generating
activities shall cease until turbidity is within the
identified limits, and construction methods or
turbidity control measures shall be modified to
ensure that turbidity limits continue to be met.

Mitigation Measure HYD-3: Implement Best
Management Practices for Golf Course
Operation—The golf course owner/operation
shall design and implement best management
practices based on the U.S. EPA’s guidance on
Stormwater Management for Golf Courses, which
include the following general approaches to help
protect stormwater systems.
 Develop a documented stormwater
management plan (as part of an overall
environment management plan).
 Develop a spill prevention and clean-up
plan for liquids, powders and solids; give
staff training on this at least every two
years.
 Undertake a program to monitor samples
of water entering and leaving the course—
water should be tested for nutrients,
suspended solids, BOD, pesticides, pH,
electrical conductivity and some heavy
metals; this will require expert advice.
 Educate golf players about environmental
issues that they may contribute to by
providing informational signs in the
clubhouse and on the course; experience
has found that most players respond
positively to improved environmental
management, despite some changes to
the golf course.
 Turf the sides of open stormwater drains to
prevent soil erosion.
 Stencil signs on stormwater drains to
indicate that they are not to receive solid or
liquid waste.
 Reduce nutrient requirements by
optimizing other turf health requirements,
such as soil aeration, mowing timing and
frequency, mowing height, sub-soil
drainage and pest control (U.S.

Design
phase
Project
proponent
City of West
Sacramento
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Environmental Protection Agency 2005).

As a performance standard, these measures will
be selected to control pollutant discharges utilizing
the best available technology that is economically
achievable and best conventional pollutant control
technology to reduce pollutants, and any more
stringent controls necessary to meet water quality
standards. The measures shall be submitted to
the City of West Sacramento for review and
concurrence.

Mitigation Measure HYD-4: Develop and
Implement a Master Drainage Plan—The
developer has submitted a master drainage plan
to the City. The developer shall implement this
master drainage plan. This plan addresses the
following topics.
 A calculation of pre-development runoff
conditions and post-development runoff
scenarios using appropriate engineering
methods. This analysis will evaluate
potential changes to runoff through specific
design criteria, and account for increased
surface runoff.
 An assessment of existing drainage
facilities within the project area, and an
inventory of necessary upgrades,
replacements, redesigns, and/or
rehabilitation.
 A proposed maintenance program for the
onsite drainage system.
 Standards for drainage systems to be
installed on a project/parcel-specific basis.
 Proposed design measures to ensure
structures are not located within 100-year
floodplain areas.

Drainage systems shall be designed in
accordance with the City’s and other applicable
flood control design criteria. As a performance
standard, measures to be implemented from the
Master Drainage Report shall provide for no net
increase in peak stormwater discharge relative to
current conditions, ensure that 100-year flooding
and its potential impacts are maintained at or
below current levels, and that people and
structures are not exposed to additional flood risk.

Design
Phase
Project
proponent
City of West
Sacramento
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The project will implement measures provided in
the drainage concept plan.

Prior to approving specific development projects,
the City will require project applicants to
demonstrate their project is consistent with the
recommendations and conclusions of the master
drainage plan and will implement the measures
identified in the plan. If the plan does not
adequately address the drainage impacts of the
specific development, the City will require
applicants to prepare additional analysis and
incorporate measures consistent with the scope
and performance standards associated with the
plan to ensure that drainage and flooding impacts
are avoided.

As provided in the drainage concept plan,
stormwater infrastructure will be constructed in the
Yarbrough area prior to onset of other
developments, to collect runoff during and
following construction, and to contain flows that
could exceed the existing capacity of the drainage
system.

Mitigation Measure HYD-5a Implement
Measures to Maintain Water Quality after
Construction—The following procedures are
based on the California Storm Water Best
Management Practice Handbooks. The project
developer shall design infiltration systems into the
project in order to reduce runoff and restore
natural flows to groundwater. In addition, these
infiltrations systems need to be natural systems
such as biofilters and vegetative swales.

Biofilters can be implemented in grass or
vegetated swales as part of the project design.

This will allow sediments and particulates to filter
and degrade biologically. Biofilters are most
effective when flows are slow with a shallow
depth. Slow flow provides an opportunity for the
vegetation to filter sediments and particulates.
 Structural source controls, such as covers,
impermeable surfaces, secondary
containment facilities, runoff diversion
berms, and diversions to wastewater
treatment plants, will be included in the
project design.

Design
phase
Project
proponent
City of West
Sacramento
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 Parking spaces can be designed of
pervious materials, such as turf block or
unit pavers on sand, crushed aggregate, or
concrete under tires only, to reduce runoff.
 In order to reduce erosion and retain water
onsite, organic amendments can be
incorporated into disturbed sites after
construction and the soil will be covered
after revegetation.
 Designated trash storage areas can be
covered to protect bins from rainfall.

The measures shall be selected to attenuate the
increase in flows from the project site and improve
water quality in site runoff to the maximum extent
possible, and shall represent the best available
technology that is economically achievable. All
measures shall be subject to the review and
approval of the City.

Mitigation Measure HYD-5b: Develop
Management Plan for Chain of Lakes and
Other Onsite Water Features—The project
developer shall prepare and implement a plan for
management of the chain of lakes and other
onsite water features, subject to review and
approval by the City of West Sacramento, to
ensure that water quality standards and beneficial
uses of these water bodies are met. This plan
may address, but not be limited to:
 manipulation of the hydroperiod to allow
for appropriate plant growth,
 other vegetation and sediment
management activities, such as periodic
vegetation and sediment removal every 5–
10 years,
 control of water residence time and
periodic flushing of the water features,
 source control of contaminants reaching
the water bodies,
 measures to reduce the potential for vector
transmissions (e.g., mosquitoes),
 measures to ensure that groundwater does
not become contaminated, and
 other measures as necessary.

The measures identified in the management plan
Design
phase
Project
proponent
City of West
Sacramento
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shall meet relevant public health standards and
water quality objectives, including those of the
Central Valley RWQCB Basin Plan.

Implementation of the management plan shall
become a requirement of the approval of the
project. Monitoring shall be completed under the
requirements set forth by the Central Valley
RWQCB Basin, with the actual monitoring plan
prepared by a licensed engineer with direct
experience with land and water feature
management.

Mitigation HYD-10a: Coordinate with WSAFCA
and Reclamation District 900 Regarding Levee
Condition and Maintenance Needs—The City or
project applicant shall coordinate with WSAFCA
and Reclamation District 900 staff to determine
the current status of the levee condition and
obtain recommendations regarding needed
maintenance. Based on this, the following
mitigation measures shall be implemented, as
necessary.

Prior to
construction
Project
proponent
City of West
Sacramento
Mitigation HYD-10b: Participate in Levee
Evaluation Study—The project applicant shall
participate on a fair-share basis in a levee
evaluation study to determine the integrity of the
levees protecting the project area and to
determine the possibilities of flooding due to a
failure in the levee. The applicant’s fair share
shall be provided through the construction of flood
management improvements, other mitigation
measures, or the payment of an in-lieu floodprotection fee in accordance with Chapter 15.50 of the West Sacramento Municipal Code. The levee
evaluation study shall include boring analyses
consistent with the most current principles of the
Corps. Development within 500 feet of the toe of
a levee shall not proceed until the completion of
the levee evaluation study.

Prior to
construction
Project
proponent
City of West
Sacramento
Mitigation HYD-10c: Implement Measures for
Flood Protection—Based on the results of the
previous mitigation measures, the project
applicant shall implement the flood protection
improvement measures identified by the Levee
Evaluation Study, elevate all living areas above
the projected 200-year flood level elevation, or
Design
phase
Project
proponent
City of West
Sacramento
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pay the ―in lieu‖ fee established by the City
pursuant to Chapter 15.50 of the West
Sacramento Municipal Code. Levee improvement
and protection measures shall be designed and
implemented to provide for ongoing performance,
operation, and maintenance of flood protection
facilities, including:
 constructing levee cutoff walls, seepage
berms, relief wells, stability berms, slope
regarding and revetment, and new sections
of levee, or conducting any other
construction that will be determined by
technical studies performed for the
WSAFCA in coordination with the DWR and
Corps;
 monitoring levee conditions and ongoing
operation and maintenance as needed to
ensure levee integrity and necessary flood
protection;
 making improvements to address identified
erosion sites or to protect against the
future erosion of levee embankments and
supporting foundation;
 dedicating to Reclamation District 900 a
minimum 50-foot permanent easement
adjacent to the landside levee toe for flood
fighting and operational maintenance of the
levee, together with additional easements
that will be determined based on actual
flood-protection-related facilities (i.e.,
seepage berms, relief wells, etc.) within the
project determined by the final site-specific
design;
 maintaining or, as necessary, improving
access for levee and bank protection
maintenance activities;
 maintaining or improving flood conveyance
capacity and reliability;
 limiting the vulnerability of new structures,
riparian vegetation, and other
improvements (e.g., trails, overlooks, etc.)
along the river corridor, to damage caused
by major floods and, more commonly, high
stage river flows;
 designing riverfront development to
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minimize or avoid impacts on the flood
control system and flood conveyance
facilities;
 ensuring that flood protection facilities
protecting the entire project site meet
federal, state, and local standards for
levee certification, including the City’s 200-
year level of protection, and that the local
flood control jurisdiction has the ability to
fully maintain and repair all flood protection
infrastructure;
 assessing cross-flooding potential between
leveed subbasins and, where needed,
upgrading or constructing additional cross
levees or drains to ensure that potential
future levee breaches in one subbasin do
not cascade through and flood an adjacent
subbasin, particularly urban basins; and
 evaluating, in a project-specific
geotechnical report, any proposed project
excavation beyond 10 feet in depth and
within 500 feet of a levee toe for its
possible effect on under-seepage potential
(the project applicant shall implement any
special engineering techniques identified in
the report to minimize the risk of under
seepage).

As a performance standard, levees will be
improved and maintained so that they meet all
federal, state, and local standards.

Mitigation Measure HYD 10d: Implement
Measures for Disclosure and Insurance—
Construction of the project will place persons at
risk in that they will be living behind a levee
protection system designed for a particular level of
flood protection. New information may result in
changes to the recognized level of flood
protection, and, in any event, the potential exists
for a flood event that is greater than what is
expected in the designed level of protection.

The applicant shall include in all sales documents,
for both developed and undeveloped land,
information stating that the development area is
protected from flooding by levees and
encouraging buyers to educate themselves on the
Prior to
Recordation
of Final
Maps
Project
proponent
City of West
Sacramento
625
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status of flood protection. In the event that the
rated level of flood protection is brought into
question by levee evaluation studies, the applicant
shall so inform potential buyers and direct them to
City sources or other sources that can provide up
to date information.

The applicant or developer shall provide all buyers
of developed land 3 years of prepaid flood
insurance at the maximum level available as part
of any sale.
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LAND USE
Mitigation Measure LU-1: Update the
Southport Framework Plan—To ensure that the
potential impacts on infrastructure and public
services related to proposals for increases in the
density of development in Southport, the City will
update the Southport Framework Plan, including
re-evaluating the development strategy and the
provisions of infrastructure and public services
necessary to support increased development in
Southport.

Prior to
construction
City of West
Sacramento
City of West
Sacramento
Mitigation Measure LU-2: Reduce Lot Size to
Lower End of LR Range—The City shall require
that any subdivision or subdivision of the lands
designated LR that adjoin the excluded areas
shown on the Land Use Plan for this project
contain lots not less than half an acre in area.

Prior to
construction
City of West
Sacramento
City of West
Sacramento
NOISE
Mitigation Measure NOI-1a: Employ NoiseReducing Construction Practices—The project applicant shall employ noise-reducing construction
practices so that construction noise does not
exceed 45 dBA Leq or 65 dBA Lmax between the
hours of 7:00 p.m. and 7:00 a.m. Monday through
Friday, or between the hours of 5:00 p.m. and
8:00 a.m. on weekends and holidays.

Measures that can be used to limit noise include:
 limiting construction operations to the
hours of 7:00 a.m. to 7:00 p.m. Monday
through Friday, and 8:00 a.m. to 5:00 p.m.
on weekends and holidays;
 locating equipment as far a practical from
noise sensitive uses;
 requiring that all construction equipment
powered by gasoline or diesel engines
have sound-control devices that are at
least as effective as those originally
provided by the manufacturer and that all
equipment be operated and maintained to
minimize noise generation;
 prohibiting gasoline or diesel engines from
having unmuffled exhaust;
 selecting haul routes that affect the fewest
During
construction
Project
proponent
City of West
Sacramento
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number of people;
 using noise-reducing enclosures around
noise-generating equipment; and
 constructing barriers between noise
sources and noise sensitive land uses or
taking advantage of existing barrier
features (terrain, structures) to block sound
transmission.

Mitigation Measure NOI-1b: Disseminate
Essential Information to Residences and
Implement a Complaint/Response Tracking
Program—Before construction begins, the
construction contractor shall notify residences
within 500 feet of the construction areas of the
construction schedule in writing. The construction
contractor will designate a noise disturbance
coordinator who will be responsible for responding
to complaints regarding construction noise during
the full term of construction. The coordinator will
determine the cause of the complaint and will
ensure that reasonable measures are
implemented to correct the problem. A contact
telephone number for the noise disturbance
coordinator will be conspicuously posted on
construction site fences and will be included in the
written notification of the construction schedule
sent to nearby residents. The noise disturbance
coordinator shall submit to the City of West
Sacramento Planning Division a weekly summary
of any noise complaints that have been received.

The summary shall include, but is not limited to,
the name of the complainant and their location,
the nature of their complaint, and the action being
taken to address the complaint.

Prior to and
during
construction
Construction
contractor
City of West
Sacramento
Mitigation Measure NOI-3: Construct Noise
Barriers Between Roadways and Residents or
Provide Other Design Features Such that
Traffic Noise Does Not Exceed 60 Ldn in
Outdoor Use Areas—The project applicant shall
construct noise barriers along Jefferson
Boulevard, Village Parkway, and Southport
Parkway such that traffic noise in primary outdoor
use areas at residences does not exceed 60 Ldn.

A preliminary analysis indicates that barriers 6 to 8
feet high will reduce traffic noise to 60 Ldn or less.

Prior to
construction
Project
Proponent
City of West
Sacramento
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Once the tentative map and roadway alignments
are finalized, the project applicant shall prepare a
report identifying final wall heights and materials
necessary to reduce noise at outdoor residential
use areas to 60 Ldn or less. The walls shall be
required conditions of approval for all tentative
maps that contain any primary outdoor use area
that is exposed to more than 60 Ldn abutting
Jefferson Boulevard, Village Parkway, and
Southport Parkway. The walls shall conform to
the requirements of the Southport Framework
Plan Design Guidelines for walls along arterial
streets.

As an alternative to the construction of sound
walls, the project applicant may prepare a noise
attenuation report detailing alternative means to
ensure that noise levels do not exceed City
standards along the following roadways:
 Jefferson Boulevard from Bevan Road to
Southport Parkway,
 Jefferson Boulevard south of Southport
Parkway,
 Southport Parkway from Jefferson
Boulevard to Marshall Road, and
 Village Parkway, east of Jefferson
Boulevard.

The report shall provide sufficient construction and
site design modifications, or other alternative
features, to meet the minimum City standards as
shown in Table 3.10-11 below.

Table 3.10-11. City of West Sacramento
General Plan and Noise Ordinance Noise-Level
Performance Standards for Transportation
Sources
Land Use
Outdoor
Activity
Areas1
Ldn/CNEL,
dBA
Interior
Spaces
Ldn/CNEL,
dBA
Interior
Spaces
Leq,
dBA2
Residential 60345 --
Transient
lodging
60345 --
Hospitals, 60345 --
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nursing
homes
Theaters,
auditoriums,
music halls
-- -- 35
Churches,
meeting halls
603-- 40
Office
buildings
-- -- 45
Schools,
libraries,
museums
-- -- 45
Playgrounds,
neighborhood
parks
70 -- 45
1 Where the location of outdoor activity areas
is unknown, the exterior noise level standard
shall be applied to the property line of the
receiving land use.
2 As determined for a typical worst-case hour
during period of use.
3 Where it is not possible to reduce noise in
outdoor activity areas to 60 dB Ldn/CNEL or
less using a practical application of the best
available noise-reduction measures, an
exterior noise level of up to 65 dB Ldn/CNEL
may be allowed, provided that practical
exterior noise-level reduction measures have
been implemented and that interior noise
levels are in compliance with this table. An
exterior noise level of 70 dB Ldn/CNEL shall
be allowed in the triangle specific plan area
and the Washington specific plan area.

Source: City of West Sacramento 2000
This report shall be prepared by a qualified
acoustical consultant and, as implied above, will
evaluate potential traffic noise impacts on
proposed sensitive receptors. The report must be
reviewed and approved by the City Community
Development staff before a building permit will be
issued. The design of project buildings,
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structures, and site plans will reflect the
recommendations of the approved report. If the
City adopts more stringent noise standards in the
future, noise reports prepared after the time of
adoption shall reflect those higher standards.

RECREATION
Mitigation Measure REC-1: Meet Park Master
Plan Standards—The project proponent will
undertake one or a combination of the following
measures:
a) Provide Additional Park Facility Capacity:

The project proponent shall provide a
minimum of 22.4 acres of community park
facilities that conform to the Parks Master Plan
standards and guidelines. All facilities shall be
completed prior to approval of any tentative
map, or as specified in an approved
development agreement or subdivision
improvement agreement.
b) Update the City’s Park Master Plan and
Park Impact Fee Study to Include the
Additional Population Demand by the
Project: The project proponent will fund an
update to the City’s Park Master Plan and the
Park Impact Fee Study to include capital
improvements to meet the additional demand
for park and recreation facilities generated by
population added by the project. The project
proponent or developer shall pay park impact
fees at the updated rate prior to issuance of
building permits. Credit for facilities that
conform to the update Parks Master Plan will
be provided at the updated fee rate.

Prior to
issuance of
building
permits and
approval of
any tentative
map
Project
Proponent
City of West
Sacramento

TRAFFIC AND TRANSPORTATION
Mitigation TRF-1: Designate Construction
Routes—The City shall require construction traffic
to avoid Davis Road, Bevan Road, Gregory
Avenue, and Burrows Road. Construction traffic
to the site shall be directed to Jefferson
Boulevard, Southport Parkway, and Village
Parkway (if completed at the time of Yarbrough
construction). Construction traffic routes will be
determined at the preconstruction conference,
where the contractors will be notified of cityPrior to construction
Project
proponent
City of West
Sacramento
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designated routes. Before the start of work, the
prime contractor shall submit traffic control plan(s)
for approval by the City. These plans must
include construction traffic routes along Jefferson
Boulevard, Southport Parkway, or Village
Parkway, and shall not include routes on Davis
Road, Bevan Road, Gregory Avenue, or Burrows
Road. In addition, the traffic control plans shall
require the contractor to advise construction crews
and delivery vehicles of these limitations and shall
post both the routes of access and the streets
prohibited from access with necessary direction
signs, subject to City approval of type and
location. Access to the designated routes shall be
subject to the grant of an encroachment permit by
the City.

Mitigation Measure TRF-8: Provide Free RightTurn Lane on WB Approach to Gateway Drive—As a condition of approval of any tentative
map within the project or as prescribed in an
approved development agreement, the proponent
shall contribute their fair share of the cost of
adding a free right-turn lane on the WB Gateway
Drive approach to the Jefferson Boulevard/Devon
Avenue/Gateway Drive intersection. The traffic
mitigation fee for this project, calculated as the fair share of this improvement in light of other projects
within the Southport Framework Plan, shall be
determined by the City prior to approval of the first
tentative map within the project. The
improvement shall be installed prior to approval of
the first final map within the project or pursuant to
the terms of an approved subdivision
improvement agreement or approved
development agreement.

Prior to
approval of
any tentative
map
Project
proponent
City of West
Sacramento
Mitigation Measure TRF-9: Provide Free RightTurn Lane on WB Linden Road—As a condition of approval of any tentative map within the project
or as described in an approved development
agreement, the proponent shall contribute their fair
share of the cost of adding a free right-turn lane on
the WB Linden Road approach to the Jefferson
Boulevard/Linden Road intersection. The traffic
mitigation fee for this project, calculated as the fair share of this improvement in light of other projects
within the Southport Framework Plan, shall be
Prior to
approval of
any tentative
map
Project
proponent
City of West
Sacramento
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determined by the City prior to approval of the first
tentative map within the project. The improvement
shall be installed prior to approval of the first final map within the project or pursuant to the terms of
an approved subdivision improvement agreement
or approved development agreement.

Mitigation Measure TRF-10: Install Traffic
Signal at Jefferson Boulevard/Davis Road
Intersection and Reconstruct for Left-Turn and
Through/Right-Turn Lanes—As a condition of
approval of any tentative map within the project or
as described in an approved development
agreement, the proponent shall contribute their
fair share of the cost of installing a traffic signal at the Jefferson Boulevard/Davis Road intersection
and reconstructing the intersection so that the NB
approach has a left-turn lane and a through/rightturn lane and the SB approach has a left-turn lane, through lane, and a through/right-turn lane.

The traffic mitigation fee for this project, calculated as the fair share of this improvement in light of
other projects within the Southport Framework
Plan, shall be determined by the City prior to
approval of the first tentative map within the
project. The improvement shall be installed prior
to approval of the first final map within the project
or pursuant to the terms of an approved
subdivision improvement agreement or approved
development agreement.

Prior to
approval of
any tentative
map
Project
proponent
City of West
Sacramento
Mitigation Measure TRF-11: Install Traffic
Signal at Jefferson Boulevard/Bevan Road
Intersection and Reconstruct for Left-Turn and
Through/Right-Turn Lanes—As a condition of
approval of any tentative map within the project or
as described in an approved development
agreement, the proponent shall contribute their
fair share of the cost of installing a traffic signal at the Jefferson Boulevard/Bevan Road intersection
and reconstructing the intersection so that the NB
approach has a left-turn lane, through lane, and a
through/right-turn lane and the SB approach has a
left-turn lane, through lane and a through/rightturn lane. The improvement of Bevan Road shall extend as far as the project site. The traffic
mitigation fee for this project, calculated as the fair share of this improvement in light of other projects
Prior to
approval of
any tentative
map
Project
proponent
City of West
Sacramento
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within the Southport Framework Plan, shall be
determined by the City prior to approval of the first
tentative map within the project. The
improvements shall be installed prior to approval
of the first final map within the project or pursuant
to the terms of an approved subdivision
improvement agreement or approved
development agreement.

Mitigation Measure TRF-12: Install traffic
Signal at Jefferson Boulevard/Southport
Parkway Intersection and Reconstruct for LeftTurn Lane, Through Lane and Right-Turn Lane— As a condition of approval on the first
tentative map approved within the project, the
applicant shall be required to install a traffic signal at the Jefferson Boulevard/Southport Parkway
intersection and reconstruct the intersection so
that the NB approach has a left-turn lane, through
lane, and a through/right-turn lane; the SB
approach has a left-turn lane, through lane, and a
right-turn lane; and the EB approach has a leftturn lane and through/right-turn lane. The City may enter into a reimbursement agreement with
the applicant such that other projects that impact
this intersection may reimburse the applicant their
fair share of this improvement. The improvement
shall be installed prior to approval of the first final map within the project.

Prior to
approval of
first final
map
Project
proponent
City of West
Sacramento
Mitigation Measure TRF-18: Add Additional
Left-Turn Lane on 15th Street—Prior to approval
of any tentative map within the project, the
proponent shall contribute their fair share of the
cost of adding a second left-turn lane on the WB
15th Street approach to the Jefferson
Boulevard/15th Street intersection. The traffic
mitigation fee for this project, calculated as the fair share of this improvement in light of other projects
within the Southport Framework Plan, shall be
determined by the City prior to approval of the first
tentative map within the project. The
improvement shall be installed when warranted
Prior to
issuance of
building
permits
Project
proponent
City of West
Sacramento

UTILITY SYSTEMS
Mitigation Measure US-5a: Water Model
Update—The applicant shall participate in the
updating of the City’s water model to determine
Design
phase and
during
Project
proponent
City of West
Sacramento
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the capacity of existing and proposed
infrastructure needed to serve the project plus
buildout of the General Plan.

The applicant shall implement the recommended
measures identified by the water model, including
the installation of any or all of the above items at
the size indicated by the model.
construction
Mitigation Measure US-5b: Fair Share
Exactions for Water Supply Extension—Prior to
approval of any final tract map for the Yarbrough
Project, the City shall update the Water Master
Plan to determine the project’s fair share of water
trunk line extension and construction of sufficient
water supply reservoirs to serve the Southport
area. The City shall impose impact fees or other
exactions with approval of any tentative map as
necessary to finance shared improvements such
as, but not limited to, the extension of lines and
construction of reservoirs. This requirement may
be met by the developer’s agreement to construct
the necessary facilities.

The Water Master Plan Update, the resultant
identification of infrastructure needs, and overall
cost shall be based on the development approved
in the Southport Framework Plan area at the time
the first final tract map is submitted to the City.

Prior to
approval of
any tract
map
Project
proponent
City of West
Sacramento
Mitigation Measure US-7a: Coordinate with
SRCSD Regarding Capacity of Wastewater
Treatment and Lower Northwest Interceptor—
As part of the approval, the City shall ensure that
the project applicant demonstrates that they have
coordinated with and will meet the requirements of
SRCSD regarding the treatment capacity and
phasing of wastewater facilities to serve the
project. The SRCSD has indicated that they will
have adequate wastewater treatment capacity for
the project, assuming adequate infrastructure for
delivery (Armstrong pers. comm.). However,
because the SRCSD accommodates its
customers on a ―first-come, first-serve‖ basis, the
project applicant must commence coordination,
including service demand specific information, in a
timely fashion to secure a service agreement with
the SRCSD.

Prior to
construction
Project
proponent
City of West
Sacramento
Mitigation Measure US-7b: Implement Pump Prior to Project City of West 635
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Station Improvements and Wastewater
Infrastructure Planning and Design
Guidelines—The City will ensure the project
applicant implements recommended
improvements to the Largo pump station that will
benefit development of the area. The applicant
will also implement the guidelines for the planning
and design of the wastewater infrastructure to
serve the project that have been identified by
Carlson, Barbee & Gibson, Inc., in the Preliminary
Yarbrough Master Sewer Study (Carlson et al.
2005).
construction proponent Sacramento
Mitigation Measure US-8: Construction
Recycling—The project shall implement
construction recycling measures to reduce the
amount of construction waste disposed of at the
landfill including, but not limited to:
 identifying construction materials to be
recycled including, but not limited to,
concrete, lumber, metal and cardboard;
 setting up a means of containment to hold
separated material or a process to deliver
unsorted material to sorting facility;
 instructing onsite contractors to comply
with recycling measures; and
 arranging for delivery of material to the
appropriate recycling facility on a regular
basis to avoid storage of large amounts of
recycling on the project site.

Commercial, multi-family, and residential
communities shall designate space to
accommodate appropriate recycling opportunities.

The construction waste mitigation provisions shall
be incorporated into the development agreement
for this project.

Prior to and
during
construction
Project
proponent
City of West
Sacramento

CUMULATIVE IMPACTS
Mitigation CE-13: Convert One Through Lane
Into a Free-Right Turn Lane at Jefferson
Boulevard/US 50 Ramp Intersection—Convert a
through lane into a free-right turn lane on the
northbound approach to Jefferson Boulevard/US
50 ramp intersection. This will allow for two
northbound free-right turns and a westbound freeright turn. As a condition of the building permit, Prior to
issuance of
building
permit
Project
proponent
City of West
Sacramento
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the project proponent will contribute a fair
proportion of the cost of the improvements as a
traffic mitigation fee.

Mitigation CE-14: Provide Second Left-Turn
Lane at Jefferson Boulevard/15th Street
Intersection—Install a second left-turn lane on
the westbound approach to the Jefferson
Boulevard/15th Street intersection. As a condition
of the building permit, the project proponent will
contribute a fair proportion of the cost of the
improvements as a traffic mitigation fee.

Prior to
issuance of
building
permit
Project
proponent
City of West
Sacramento
Mitigation CE-15: Provide Free Right-Turn
Lanes to the Jefferson Boulevard/Lake
Washington Boulevard Intersection—Add a
free right-turn lane to the eastbound and
westbound Lake Washington Boulevard
approaches to the Jefferson Boulevard/Lake
Washington Boulevard Intersection and to the
southbound Jefferson Boulevard approach to the
intersection. As a condition of the building permit,
the project proponent will contribute a fair
proportion of the cost of the improvements as a
traffic mitigation fee.

Prior to
issuance of
building
permit
Project
proponent
City of West
Sacramento
Mitigation Measure CE-16: Provide Free RightTurn Lanes on Southport Parkway at Lake Washington Boulevard—Add a free right-turn
lane on both the eastbound and westbound
Southport Parkway approaches to the Southport
Parkway/Lake Washington Boulevard intersection.

As a condition of the building permit, the project
proponent will contribute a fair proportion of the
cost of the improvements as a traffic mitigation
fee.

Prior to
issuance of
building
permit
Project
proponent
City of West
Sacramento
Mitigation Measure CE-17: Provide Second
Left-Turn Lane and Free Right-Turn Lane at
Jefferson Boulevard/Southport Parkway
Intersection—Add a second left-turn lane on the
eastbound Southport Parkway approach and add
a free right-turn lane to the westbound Village
Parkway approach to the Jefferson
Boulevard/Southport Parkway Intersection. As a
condition of the building permit, the project
proponent will contribute a fair proportion of the
cost of the improvements as a traffic mitigation
Prior to
issuance of
building
permit
Project
proponent
City of West
Sacramento
637
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Party
fee.

Mitigation Measure CE-18: Install Traffic Signal
at the Southport Parkway/Marshall Road
Intersection; Add Second Through Lane to
Northbound Southport Parkway—Install a traffic
signal at the Southport Parkway/Marshall Road
intersection and add a second through lane to the
northbound Southport Parkway approach. As a
condition of the building permit, the project
proponent will contribute a fair proportion of the
cost of the improvements as a traffic mitigation
fee.

Prior to
issuance of
building
permit
Project
proponent
City of West
Sacramento
Note: Tables from the draft EIR referenced in the preceding mitigation measures are provided following this table.
638
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EXHIBIT M
Comprehensive Financing Agreement
Prior to the issuance of the first final map for the Project, Landowner shall enter into a Comprehensive Financing Agreement with the City that identifies Landowner’s financial obligations towards financing the construction of infrastructure and/or operation and maintenance costs of those infrastructure, including which infrastructure, if any, will be eligible for credits or reimbursements. The Comprehensive Financing Agreement shall also identify the timing with which Landowner shall be required to satisfy such financial obligations. The Comprehensive Financing Agreement shall be subject to the review and written approval of the City, and shall include the financing of the following infrastructure: the South River Road Bridge, Transit/Transportation, Sewer, Water, Drainage, and Levee Improvements. 639
873763.17
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EXHIBIT N
Form of Assignment

OFFICIAL BUSINESS
Document entitled to free recording
Government Code Section 6103

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Attn: City Clerk
____________________________________________________________________________ (SPACE ABOVE THIS LINE RESERVED
FOR RECORDER’S USE)

ASSIGNMENT AND ASSUMPTION AGREEMENT

RELATIVE TO YARBROUGH
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the ―Agreement‖) is entered into this ____ day of __________, 200__, by and between_____________, a ____________ __________________ (the ―Landowner‖), and __________________, a __________ __________________ (the ―Assignee‖).

RECITALS

1. On ________,200__, the City of West Sacramento and Landowner entered into that certain agreement entitled Development Agreement by and between The City of West Sacramento and Relative to the Development known as Yarbrough (the ―Development Agreement‖). Pursuant to the Development Agreement, Landowner agreed to develop certain property more particularly described in the Development Agreement (the ―Subject Property‖), subject to certain conditions and obligations as set forth in the Development Agreement. The Development Agreement was recorded against the Subject Property in the Official Records of Yolo County on ________________, 200_, as Instrument No. 200_-________.

2. Landowner intends to convey a portion of the Subject Property to Assignee, commonly referred to as Parcel _________, and more particularly identified and described in Exhibit A and Exhibit B, attached hereto and incorporated herein by this reference (the ―Assigned Parcel‖).

3. Landowner desires to assign and Assignee desires to assume all of Landowner’s right, title, interest, burdens and obligations under the Development Agreement with respect to and as related to the Assigned Parcel.
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873763.17
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ASSIGNMENT AND ASSUMPTION
NOW, THEREFORE, Landowner and Assignee hereby agree as follows:

1. Landowner hereby assigns, effective as of Landowner’s conveyance of the Assigned Parcel to Assignee, all of the rights, title, interest, burdens and obligations of Landowner under the Development Agreement with respect to the Assigned Parcel. Landowner retains all the rights, title, interest, burdens and obligations under the Development Agreement with respect to all other property within the Subject Property owned by Landowner.

2. Assignee hereby assumes all of the rights, title, interest, burdens and obligations of Landowner under the Development Agreement with respect to the Assigned Parcel, and agrees to observe and fully perform all of the duties and obligations of Landowner under the Development Agreement with respect to the Assigned Parcel. The parties intend hereby that, upon the execution of this Agreement and conveyance of the Assigned Parcel to Assignee, Assignee shall become substituted for Landowner as the ―Landowner‖ under the Development Agreement with respect to the Assigned Parcel.

3. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

4. The Notice Address described in Section 28.4 of the Development Agreement for the Landowner with respect to the Assigned Parcel shall be:
_______________________
_______________________
_______________________
_______________________
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above written. This Agreement may be signed in identical counterparts.

LANDOWNER: ASSIGNEE:
________________________ ________________________________, a _____________________ a _______________________________ By: ________________________ By: _____________________________ Print Name:__________________ Print Name: ______________________ Title: _____________________ Title: ____________________________ 641
Summary List of Yarbrough Development Agreement (DA) Amendments • Ownership information has been updated to reflect only ASB Southport II LLC. • Adding “Amended and Restated Development Agreement”
• Amending Term of the DA to be 12 years with an automatic extension of five (5) years if 50% or 1,500 units in the Project have been constructed. • Amending section 11 (Affordable Housing)
• Removing sections 12.2.1 – 12.2.5 related to Parks
• Removing sections 13.1 (Drainage Master Plan and Drainage Impact Fee), 13.2 (Water Master Plan), 13.3 (Sewer Master Plan)
• Adding language in Section 13.4 regarding Jefferson Blvd. improvements and obligations
• Removing Section 13.4.3 (South River Road Bridge)
• Removing Section 15 (Levee Improvements)
• Amending Section 16.1 (Fire and Police)
• Amending Section 16.3 (Enhanced Transit and Mobility Program) • Removing Section 17 (Tower Fee Credits)
• Adding Section 19.2 (Funding for Maintenance and Public Services) • Updating Section 28.21 (Time of the Essence)
• Exhibit F – Adding new information on timing of affordable units in Phase I and obligation at 1200th unit.
• Exhibit I – Removing several improvements because they have been completed:
• The realignment of Harbor/Industrial Intersection
• Improvements on Gateway Drive at Jefferson Blvd. intersection • Improvements on additional left-turn lane on 15th Street at Jefferson Blvd. • Widening of Jefferson Blvd. from Linden Road to Southport Parkway (this is covered in Exhibit J)
• Bridges over Main Drain Canal on Jefferson Blvd.

Exhibit J – Removing and Amending Improvements
• Bridge section is being removed (completed)
• Jefferson Boulevard improvements - widening from Linden Road to the Project (replaces Marshall Road)
• Gregory Avenue – adding Village Parkway Crossing
• Burrows Road – Rural Road to Collector Road
• Bevan Road - Rural Road to Collector Road
• Adding South City Limit Levee Trail to Clarksburg Branch line Trail • Adding South River Road Bike/Pedestrian Bridge
• Adding Main Drain Canal Trail project boundary from Jefferson/Bevan Rd. north to Lake Washington intersection.
• (f)Jefferson Improvements to be started upon initial construction of subdivision improvements in first Small Lot Final Map in Phase 1 and completed at the 400th final residential unit inspection in Phase 1 (if total cost exceeds $20 million than refer to item h).
• (j) The Jefferson Blvd improvements from Southport Pkwy down to the southern project boundary shall be accepted by the City Council at the time the project takes access to Jefferson Blvd south of the Jefferson/ Main Drain Canal Crossing.
• Exhibit H – Replacing “South River Road Bridge” with “Fire Station #42” 642
Summary List of Yarbrough Development Agreement (DA) Amendments • Exhibit M (Comprehensive Financing Agreement) – Removing South River Road Bridge and Levee Improvements.

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CITY OF WEST SACRAMENTO

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Berumen, AICP, Senior Planner
DATE: October 18, 2024
SUBJECT: Yarbrough Project – Errata Memo for DA Amendments in Exhibit J In your agenda packet under Attachment XX - Findings with Redlined Development Agreement in Exhibit J, staff makes the following changes (changes noted in bold):

1. Under Jefferson Boulevard Improvement, Marshall Road has a strikethrough and Linden Road has been added. This change was an oversight as this improvement had been agreed upon by the City and Applicant.

2. Under Jefferson Boulevard Timing, bullet points to be updated as letters (e.g. a, b, c, etc.) for better clarity when referenced.

3. Under Jefferson Boulevard Timing, the amended language for item (f) should read:

Jefferson Improvements to be started upon initial construction of subdivision improvements in first Small Lot Final Map in Phase I and completed prior to the 400th final residential unit inspection in Phase I (if total cost exceeds $20 million than refer to item h)

4. Under Jefferson Boulevard Timing, additional language in item (j) should read: j) The Jefferson Blvd improvements from Southport Pkwy down to the southern project boundary shall be accepted by the City Council at the time the project takes access to Jefferson Blvd south of the Jefferson/ Main Drain Canal Crossing.

Please see the noted changes in the amended version of Exhibit J in Attachment 1.

Attachment:

1. Amended version of the Redlined DA - Exhibit J

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Attachment 1

IMPROVEMENT TIMING
Traffic Signal. Landowner shall install a traffic
signal at the Jefferson Boulevard/Southport
Parkway intersection and reconstruct the leftturn lane, through lane, and right-turn lane. (Eligible for credit).

Prior to the development of the 500th
residential unit in the Project.

Bridge. Landowner commits and agrees to
advance ―sufficient funds for the construction
of the South River Road Bridge, as reduced by
advance funding contributions made by other
Project applicants. For purposes of this section,
sufficient funds shall mean the engineer’s cost
estimate to construct the bridge and related
improvements, as described in Exhibit H, as
approved by the City’s Public Works and
Community Development Director, and as
determined prior to the approval of the first final
map for the Project. (Eligible for credit).

Funding for the design, construction, and
development of the South River Road Bridge
shall be made by Landowner at least eighteen
(18) months before the combined development
of 2,000 residential units in the Southport Area,
beyond those identified as Existing plus
Approved, or as more particularly described in
the Comprehensive Financing Agreement.

The South River Road Bridge shall be
completed prior to the combined development
of two thousand (2,000) residential units in the
Southport Area, beyond those identified as
Existing plus Approved.

Village Parkway Extension. Landowner shall
commit to construct or advance funds in an
amount equivalent to the Project’s share of
costs for the Village Parkway Extension which
shall extend north and east beyond the Project
boundaries to Gregory Avenue. (Two travel
lanes and the median are eligible for credit).

Landowner shall perform construction of the
Village Parkway Extension or transfer funds to
the City prior to the combined development of
3,000 residential units for the Project and the
River Park Project.
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Jefferson Boulevard. Landowner shall
construct the widening of Jefferson Boulevard
from Marshall Linden Road to the Project into
four (4) lanes. ( Eligible for Fee Credit upon City
Council approval of this Amended and Restated
DA).

Concurrent with the Project development as
prescribed by the updated Traffic Study
prepared by the City. Improvements shall be
made by Landowner prior to the development
of the 1,501th residential unit in the Southport
Area beyond those identified as Existing plus
Approved.
a) Jefferson Blvd. cross sections to be
depicted on the First Tentative Map in
Phase I with City Engineer approval. The
cross sections shall contain the full street
improvements on Jefferson Blvd. from
Linden Road to the project (Southport
Pkwy) to be built (street widening,
culverts, sidewalks, bike lanes, and
landscaping areas).
b) The Yarbrough project will be
immediately eligible for $10 million (+/-)
in Transportation Fee Credits from the
first 548-unit Tentative Map towards
Transportation improvement costs.
c) The $2.8 million construction
commitment from the original
Development Agreement to construct the
South River Road Bridge will be
transferred and utilized for Jefferson Blvd
Improvement costs. This commitment
will be eligible for Transportation fee
credits.
d) The initial contribution of $2.4 million
designated for the Enhanced
Transit/Mobility System Per the DA shall
be transferred to the improvements on
Jefferson Boulevard in Phase I.
e) A reimbursement agreement to be
finalized with the City prior to approval of
the First Small Lot Final Map in Phase 1.

The term of reimbursement to the
Yarbrough project from the City to be 2
years, or at the recording of the First Final
Map in Yarbrough Phase II, (west side of
Jefferson), whichever occurs first.
f) Jefferson Improvements to be started
upon initial construction of subdivision
improvements in first Small Lot Final Map
in Phase I and completed prior to the
400th final residential unit inspection in
Phase I (if total cost exceeds $20
million than refer to item h).
g) All Transportation Fee Credits to be
646
available with approval of first approved
and bonded improvement agreement or
approved final map in Phase I.
h) If total Jefferson improvement cost
exceeds $20 million, the improvement
cross section will be phased, as
necessary per City Engineer, to cap cost
at $20 million. A construction contract for
the remainder of the full Jefferson
improvements to be executed at the
approval of the subdivision
improvements for the first small lot final
map in Phase 2.
i) There may be an area that requires to be
phased and constructed later if/when any
environmental permit is necessary for
any portion of the full Jefferson
Boulevard roadway section. City to
pursue any environmental permitting
necessary, landowner to pay the cost of
the application and consultant to obtain
the permit.
j) The Jefferson Blvd improvements
from Southport Pkwy down to the
southern project boundary shall be
accepted by the City Council at the
time the project takes access to
Jefferson Blvd south of the Jefferson/
Main Drain Canal Crossing.

IMPROVEMENT TIMING
Gregory Avenue/ Village Parkway Crossing.

Landowner shall commit to and construct traffic
improvements to Gregory Avenue at the new
Village Parkway Crossing; provided, however,
that the construction of the improvements and
costs thereof will be shared by other projects in
the Southport area. including the bridge
crossing of the Main Drain within the Yarbrough
project will be shared proportionately by the
River Park Project.** (Not eligible for credit).

Construction shall be concurrent with Project
development and shall be completed prior to
the issuance of a combined 3000th residential
building permits between Yarbrough and River
Park Master Plan Projects.as prescribed by the
updated Traffic Study prepared by the City and
shall be completed prior to sixty-five percent
(65%) buildout or 1,800 of the Project.

Sixty-five percent (65%) build out shall mean no
more than the sum of three hundred and fifty
(350) low-density residential dwelling units and
eight hundred and twenty (820) mediumdensity residential dwelling units and three hundred and fifty (350) high-density residential
dwelling units.
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Burrows Avenue. Landowner shall reconstruct
Burrows Avenue to the latest Rural Collector
Road Standards, within the Project and to the
east of the Project (extending from Jefferson
Boulevard to Gregory Avenue), including traffic
calming measures, as approved in writing by
the City. (Not eligible for credit).

Burrows Road will be constructed to provide
emergency vehicle access in Phase I of the
Project. The City will pursue any environmental
permitting necessary, and obtain any right of
way necessary to construct Burrows Avenue
to its Collector Road Standard.
(Eligible for credit).

Concurrent with Project development along
Bevan Road.

The Landowner shall agree to begin the
construction of Burrows Avenue to that
Collector Road Standard within 36 months of
the completion of the City obtaining any
necessary additional right of way, and having
obtained all required environmental and
City permitting, or at the time that the first
building permit is pulled in Phase III of the
Project, whichever occurs later.

The Project shall initially resurface and
improve Bevan Road to the requirements of the
Fire Department from Jefferson Blvd to the
eastern most project property line and take
access in its Phase I from Southport
Parkway/Village Parkway. The City will pursue
and obtain all necessary environmental
permitting and rights of way to allow the
construction of Bevan Road to the full Collector
Road Standard. Landowner shall provide for
the design of Bevan Road as a full Collector
Road prior to recordation of the first small lot
final map. (Eligible for credit).

Concurrent with Project development along
Burrows Avenue.

Construction of Bevan Road to a Collector
Road shall begin within 120 days of all
environmental and city permitting and right of
way being obtained by the City, or prior to the
issuance of 350th building permit pulled in
Phase I of the Project, whichever occurs later.

Such measures will be implemented after
review and approval of City Staff. The
upgrading of improvements to Bevan Road to
Collector Road Standard will qualify for traffic
fee credits
Southport Parkway. Landowner shall install a
traffic signal at the Southport Parkway and
Marshall Road intersection and add a second
(2nd) through lane to northbound Southport
Parkway. (Eligible for credit).

South City Limit Levee Trail to Clarksburg
Branch line Trail (Eligible for PIF credit).

Prior to the development of the 2,000th
residential unit in the Project. Funding
contribution only. City will design and build.
***Estimated Funding Contribution:
$760,000
South River Road Bike/ Pedestrian Bridge
(Eligible for PIF credit).

Prior to the development of the 2,000th
residential unit in the Project. Funding
contribution only. City will design and build.
***Estimated Funding Contribution:
$340,000
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Main Drain Canal Trail project boundary
from Jefferson/Bevan Rd. north to Lake
Washington intersection. (Eligible for PIF
credit).

Prior to the development of the 2,000th residential
unit in the Project. Funding contribution only. City will design and build.
***Estimated Funding Contribution: $3.1 million
Footnotes:
* For purposes of this Agreement, “development” occurs with the issuance of a building permit. **Bridge on Southport Parkway/ Village Parkway to be included as a pro-rata reimbursement agreement with the River Park Master Plan.
***Estimated funding contributions shall be updated to reflect the CPI figure at the time of unit count being reached.
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Public Comments
Public comment received via email for this item are available for review by clicking the link below.
(Available after 3:30 p.m. the day of the meeting.)
Public Comment | City of West Sacramento
650

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 6, 2024 ITEM # 18
SUBJECT:

FIRST READING OF ORDINANCE 24-15 REGARDING PROPOSED AMENDMENT TO MUNICIPAL CODE TITLE 17 (ZONING) FOR HOUSING ELEMENT IMPLEMENTATION INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:

Elijah Ortega, Assistant Planner
Community Development Department
[ ] Commission [X] Staff
[ ] Other
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this item is to request the Council’s consideration of an amendment to Municipal Code Title 17 (Zoning) to achieve compliance with Government Code § 65583.2 and Housing Element Program HE-PR-1.14 regarding by-right approval of projects with at least 20 percent affordable units.

RECOMMENDED ACTION
Staff respectfully recommends that the Council:

1. Conduct first reading, by title and number only, of Ordinance 24-15 (Attachment 1) amending Title 17 (Zoning) of the Municipal Code regarding: Chapter 17.09 – Housing Element Carry-over Sites;

2. Find that the amendment to the Housing Element is exempt from environmental review under CEQA pursuant to the Class 5 Categorical Exemption and the common-sense exemption are and that the exemption determination represent the independent judgment of the City; and

3. Inform the audience that the public hearing, second reading and adoption of Ordinance 24-15 is scheduled for November 20, 2024.

BACKGROUND
Pursuant to California State Government Code § 65580 the City maintains an adopted, certified Housing Element of the General Plan that establishes goals, policies, and programs governing residential development within the City. The Housing Element is updated every eight years to ensure the document is current and responds to changes in the market and State law. The City’s current Housing Element was adopted in 2021 and covers the eight-year period from 2021 to 2029.

In 2017, AB1397 amended Section 65583.2 of the California State Government Code regarding Housing Element Sites Inventories. Housing Element Sites Inventories identify those parcels reasonably available for residential development within the required eight-year planning period (see Attachment 2, Housing Element Sites Inventory). Specifically, AB1397 requires that cities provide for by-right processing of projects with ≥ 20 percent affordable units proposed on low- and very low-income carry-over sites. By-right processing means that the project shall be a permitted use not subject to a conditional use permit, planned development permit, or other discretionary local government review. In practice, this means that projects meeting the above criteria would proceed straight to building permit plan review. Carry-over sites refer to those sites that were previously identified in two or more consecutive Housing Element cycles (see Attachment 3, Carry-over Sites).

In response to AB1397, Housing Element Program HE-PR-1.14 was included and adopted in the City’s 2021 Housing Element. HE-PR-1.14 commits the City to amending Municipal Code Title 17 (Zoning) to achieve compliance with AB1397. The City is required to complete this implementation measure to maintain compliance with State Housing Element law.

On October 16, 2024, the City received a Corrective Action Letter (Attachment 6) from the State Department of Housing and Community Development (HCD). This letter reinforces the requirement for the City to implement its commitment to the State-certified Housing Element, including Housing Element Program HE-PR-1.14. City staff have responded to HCD, stating that the required code amendments necessary to fully implement HE-PR-1.14 are being scheduled for consideration with the City Council, after unanimous support of the Planning Commission at the October 3, 2024 meeting.
651
If the Council votes to approve the proposed code changes, second reading would be agendized on the November 20, 2024 meeting and the changes would become effective on December 20, 2024.

ANALYSIS
The Housing Element Sites Inventory identifies vacant residential and mixed-use-zoned properties to accommodate the City’s Housing Needs Allocation (RHNA) across all income levels. Sites identified to accommodate low- and very low-income units are concentrated within the City’s highest density zoning districts.

Projects affordable to low- and very low-income households require higher densities and greater numbers of units to achieve financial feasibility and to benefit from economies of scale. Frequently, projects containing lowand very low-income units seek to maximize development capacity by constructing residential-only projects with high densities. The intent of AB1397 is to facilitate the development of housing on appropriately zoned properties in a jurisdiction’s sites inventory by removing the regulatory barrier of discretionary permits.

Residential-only projects are currently permitted by-right in all residential zones (RE; RRA; R-1; R-2; R-2.5; R3) and in the WF zone. In the remaining Mixed-Use zones (CBD; C; MU-NC; MU-C) residential-only projects require approval of a Conditional Use Permit, and mixed-use projects are permitted by right if the street frontage is at least 50% non-residential or live-work (see Attachment 4, Zoning Map). The proposed amendment would remove the Conditional Use Permit requirement for residential-only projects in the City’s Mixed-Use zones if the project is proposed on a low- or very low-income carry-over site and ≥ 20 percent of the project’s total units are affordable to lower income households.

Staff’s proposed changes to the Municipal Code are summarized below. Bold/underline text reflects proposed additions to the existing code, while language proposed for deletion is noted in strikeout text. A summary of the proposed change is also noted for each item.

1. Table 17.09.020 – Housing Element Carry-Over Sites.

TABLE 17.09.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED USE ZONES “P” = Permitted use
“M” = Minor Use Permit
required
“C” = Conditional Use Permit required
“-” Use not allowed
Use Classification CBD C CH MU-NC MU-C WF
Additional
Regulations
Residential Uses
Residential Housing
Type
See subclassifications below
Single Unit Dwelling,
Attached P(1)/C P(2) - P(3)/C P(3)/C C
Two-Unit Dwelling P(1)/C P(2) - P(3)/C P(3)/C C
Multi-Unit Residential P(1)/C P(2) - P(3)/C P(3)/C P
Other Uses
Specific Limitations:
(1) Permitted on upper stories in a mixed-use development/ Ground floor residential and residential-only development is allowed subject to Conditional Use Permit approval.
(2) Permitted on upper stories in a mixed-use development. (3) Permitted on upper stories and in the rear of the site where nonresidential space with a minimum depth of 45 feet is provided along the majority street frontage. Street fronting residential (more than 50%) and residential-only development is allowed subject to Conditional Use Permit approval. Live/work units along the ground floor may be counted towards the commercial requirement.
(4) Only as accessory to a Fueling Station.

Housing Element Carry-Over Sites: Residential-only development is allowed by-right and does not require Conditional Use Permit approval if the project is located on a low- or very-low income Housing Element carry-over site and ≥ 20 percent of the project’s total units are affordable to lower income households. Carry-over site means the site has been included in two or more consecutive Housing Element sites inventories. 652
Summary: This amendment is proposed to implement Housing Element Program HE-PR-1.14 regarding by-right approval of projects with ≥ 20 percent affordable units on identified low- and very low-income carry-over sites.

The amendment would remove the Conditional Use Permit requirement for residential-only projects in the City’s mixed-use zones, if the project meets the above criteria.

Environmental Considerations
This action falls under the Class 5 Categorical Exemption according to Section 15305 of the California Environmental Quality Act (CEQA) Guidelines. Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20% which do not result in any changes in land use or density (Minor Alterations in Land Use Limitations, Section 15305, CEQA Guidelines). This action also falls under the “common sense” exemption according to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The common-sense exemption applies to projects that do not involve any physical changes with potential to create an adverse effect on the environment (Review for Exemption, Section 15601, CEQA Guidelines).

As described above, the proposed action would eliminate the Conditional Use Permit requirement for residentialonly projects in mixed-use zones, under certain circumstances. However, the actual construction of projects would be subject to its own project-level CEQA review, as applicable. The proposed Class 5 Categorical Exemption does not preclude project-level CEQA review for projects proposed on carry-over sites or other sites within the City. A copy of the Notice of Exemption is provided in Attachment 5.

Strategic Plan Integration
This project advances the 2024 Strategic Principle: Housing & Homelessness, provide housing options for everyone and services for the most vulnerable members of society.

Alternatives
The City Council’s primary alternatives are summarized below.

1. Find that the requested changes are not appropriate revisions of the Zoning Code and defer first reading of Ordinance 24-15 at this time.

2. Find that the Class 5 Categorical Exemption and the common-sense exemption are not the appropriate level of environmental review and direct staff to perform additional environmental analysis (specify impacts to be addressed) prior to Council consideration of the request.

3. Continue the item to a future date and request additional information be provided at that time.

While staff believes the analysis presented in this report is correct, staff is prepared to effectuate the alternatives at the Council’s direction.

Coordination and Review
The project was coordinated with staff from the Economic Development & Housing Department.

ATTACHMENTS

1. Ordinance 24-15

2. Housing Element Sites Inventory

3. Carry-over Sites

4. Zoning Map

5. Notice of Exemption

6. HCD Letter dated October 16, 2024
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Attachment 1
ORDINANCE 24-15

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST SACRAMENTO AMENDING TITLE 17 OF THE

WEST SACRAMENTO MUNICIPAL CODE TO ADDRESS CARRY-OVER SITES

IN THE HOUSING ELEMENT
The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose and Authority. The purpose of the Ordinance is to make amendments to Title 17 (Zoning) including the following: Table 17.09.020–Housing Element Carry-Over Sites.

Section 2. Amendments. The following sections of the West Sacramento Municipal Code are hereby amended to read as follows:

1. Table 17.09.020 – Housing Element Carry-Over Sites.

TABLE 17.09.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED USE ZONES “P” = Permitted use
“M” = Minor Use Permit
required
“C” = Conditional Use Permit required
“-” Use not allowed
Use Classification CBD C CH MU-NC MU-C WF
Additional
Regulations
Residential Uses
Residential Housing Type See subclassifications below
Single Unit Dwelling,
Attached P(1)/C P(2) - P(3)/C P(3)/C C
Two-Unit Dwelling P(1)/C P(2) - P(3)/C P(3)/C C
Multi-Unit Residential P(1)/C P(2) - P(3)/C P(3)/C P
Other Uses
Specific Limitations:
(1) Permitted on upper stories in a mixed-use development/ Ground floor residential and residential-only development is allowed subject to Conditional Use Permit approval. (2) Permitted on upper stories in a mixed-use development. (3) Permitted on upper stories and in the rear of the site where nonresidential space with a minimum depth of 45 feet is provided along the majority street frontage. Street fronting residential (more than 50%) and residential-only development is allowed subject to Conditional Use Permit approval. Live/work units along the ground floor may be counted towards the commercial requirement.
(4) Only as accessory to a Fueling Station.

Page 2 ends

Section 3. Severability. If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

Section 4. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this 6th day of November 2024, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST: APPROVED AS TO FORM:

Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY _X UNCODIFY ___
655
See Inset Map B See Inset Map A
90 89
88 91
92 49
87 17
83 19
25 3
13 84
7 5
31 36
18 6
24 28
8 14
15 4
50 29
30 11
9 81
54 56
52 53
37 46
12 10
85 82
86 41
51 55
38 16
J S t
C S t
L S t
I St
Q St
T St
N St
P St
N 7 T h S t
1 5 T h S t
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An na S t
24Th St
7Th St
G r e g o r y A v e
Je ffe rs o n B lv d
N H a rb or B lvd
Ind ustria l B lvd
Old R ive r R d
LindenRd
Evergreen Ave
H a r bo r B lvd
G ar den H w y
Da vis R d
S R iver R d
160
160
84 275
84 50
80 5
80 5
Figure X: Vacant Lands
Sources: COWS 2020, SACOG 2020
C:\Users\clementl\OneDrive - AECOM Directory\Projects\60633167_West_Sac_Housing\02_Maps\60633167_SAC_GIS_010_Vacant_Lands_April2021.mxd 4/8/2021 ClementL SAC Aerial Image: ESRI Imagery 11/7/2019
0 1,625 3,250
FEET
60633167 SAC GIS 010 4/21
NORTH
LEGEND
City Limits
Vacant Parcels
Lower Income Housing
Moderate Income Housing
Moderate/Above ModerateIncome Housing
Above Moderate-Income
Housing
Pending Project
76 80
78 72
70 79
74 71
77 73
75 Elm
St
H a r b o r B l v d
8 4
1 inch = 1,250 feet
Inset Map A
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27 26
32 2
68 59
67 1
63 22 62
48 33
20 43
58 47
44 42
65 64
45 57
60 39
61 66
34 23
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Inset Map B
1 inch = 1,500 feet
Attachment 3
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Attachment 3 – Carry-over Sites
Very Low and Low-Income Carry-Over Sites
Map ID APN Acres Zoning
1 058-310-001-000 7.77 WF
2 058-310-003-000 1.13 WF
3 058-310-009-000 2.81 WF
1 2
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SACRAMENTO COUNTY

YOLO COUNTY
Sacramento Bypass Wildlife Area
R ai de r Ln
Lake Wash ingto n Blvd
Jefferson Blvd
Gateway Dr
Tower Bridge Gateway
Ave
Dr
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Maryland
Palamidessi
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SOUTHPORT PKWY
South River Rd
Hobson Ave
Catalina Island Rd
Rd
Mesa Torino St
Genova St
Barona St
Col d Springs Rd

YOLO CAUSEWAY
Tower Bridge
Pioneer Bridge
Bryte Bend Bridge
Vaten Dr
Dr
Dr
Industrial Blvd L ake Rd
Dr
Ch an nel
Blvd
French
Ave
Devon Ave
Stonegate Dr
La Jolla St
Beacon Blvd
H al yard Dr
Boatman Ave
11th St
Virginia Av
M
e
aryland Ave
West
wood Cir
Pop al r Ave
Harbor
Pointe Pl
Riverpoint
Dr
Ikea Ct
Ri v e rpoint Ct 3.

3. 2.

2. 1.

1. Plymouth Rd
Bridgew ay Lakes Dr
Rd
Huntington Rd
Black Butt e R
Rock Creek R
d
d
Aleutian Island St

6. Brot her Isla nd Rd
Treasure Isla nd Rd
Ballena Ba y Rd
Kauia Rd
Big I sland Rd
H a l f M o o n B a y C i r
North Bass Island Rd

4. 3.

2. 1.

Carmel Bay Rd
Sh erman Island Rd
St
Canvas
back Way
Kathy C ir
Butler
Ct
Shirle y St
Ct
CtDr Ct
Independenc e Av e

7. 8.

8. 7.

6. 6.

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1. Bri dge Pl
Touchs tone Pl
Pheasant Hollow Dr
Rubicon
Ct
Neptune
Ct
Bay berr y St
Berry Creek R d
Barona C
C
t
ortina Rd
Hamp ton St
Gol d H ill St
H i g h l a n d D r
North B each Ave
Sans ome St
Fern
dale Cir
Embarcadero Dr
Northport Dr
Sellers W ay
Yolo St
Sierra Ct
Sierra Pl
Sands Cir
Sierr a Cir
Somer se t D r
Riverbank Rd
Dre w St
Bu rrows St Charles St
Mi l to n St
Todhunter Ave
Pierce St Taber St Marston St Rogers St
Classics
Ct Sands
Ct
Ct Wedgewood
Wo o d h a v e n P l
Fountain Dr
Sparkman
Ct Ferguson
Ct
Anchor Ln
Regatta Ln
Ln Watercourse
Sharian St
Lighthouse Dr
Julian Dr
B St
3rd St
5th St
South River Rd
Delta Ln
Garden St
Ballpark Dr B all pa r k Dr
Merkley Ave
Riske Ln
Moss
wood Cir
Delaware Ave PennsylvaniaCt
Vermont 19th St Ave Delawar Ct
V ermo nt Ave
L ak e w o od D r
19th St
Sout hport Pkwy
South River Rd
Seymour Ave
2nd St
Allan Ave
8th St
Graham Island Rd
Pillsbury Rd
Sullivan Ct
Greenmeadow
Ave
Lanai Ct
Sonora Ave
Farallon
Rd
Cherry Pl
Thomas
Pl
Valley Oak Ln
Tower St
Canna Way
Circle St
San Marcos St
Sumatra St
Dover St
Columbus Rd
Oakmont Way
Carolina
Ave
Blacker Rd
Diane Dr
Miller
Ct
Armfield Ave
10th St
Donner Rd
Olive
Ct
Klamath Rd
Solomon Island Rd
Seymour
Ave
Claudia
Kaweah St
Portsmouth Ave
Buckeye Dr
Asante
Ln
Saginaw St
Bastone
Ct
Meadowlark Cir
Hopland St
Malcolm Island St
Dorena Pl
Fowler Rd
Gladys Ave
Hume St
Cedar St
Hearst St
Venice St
Longcroft St
Rumsey St
Mallard Rd
8th St
Limewood Rd
Town Center Pl
Pitzer Cir
18TH
ST
Hornby Island St
San Salvador St
Merced Way
Ash Ave
Way
Muscovy Rd
William St
Lagoon Ln
Redondo Rd
Holly St
Otay St
Spokane Rd
West St
Commerce Dr
Constitution Ave
Tule St
Mikon St
Suisun Bay Rd
Violet Dr
James St
Lewiston Rd
Citrus St
Coffeeberry Rd
Galveston St
Fairway Dr
Manzanita Way
Haiti Rd
Frey Dr
Aruba St
Norfolk Ave
Casselman Dr
Shaw
Quail Rd
Lemontree Rd
Palomar Ave
Beardsley Dr
Joan St
Janet Dr
Hilary Ave
Milano Dr
Triangle Ct
Smilax Ave
Duet Dr
Poppy St
First St
Perkins Rd
Rivermont
Clarendon St
Henshaw Rd
Geary St
Elder Dr
Manchester St
7th St
Alder Way
2nd St
Lassik St
Mareca Way
Kinsington St
Squaw Rd
Westlake Dr
Lilac Ln
Apache St
Ryer Island St
Maui St
Sierra Rd
Teal Dr
Fern wood St
Summerfield
Topaz Rd
Duluth St
North
Alameda Blvd
Elm St
Golden Gate Dr
Madrone Ave
Rockrose Rd
Prosser St
Sunset Ave
Oates Dr
Arlington Rd
Benton St
Arthur Dr
Andrew St
Deerwood St
Reuter Dr
Fisher Ave
Shore St
Houston St
Port St
Stable Dr
Silverwood
Goodell Ave
Laurel Ln
Martis St
Tahoe St
Myrtle Ave
6th St
Drever St
13th St
Thor
Fremont Blvd
Soule St
A St
Trinity Way
Stillwater Rd
May St
Del Monte Rd
Oak St
Sutter St
Alabama Ave
11th St
D St
Oakland
Carlin Dr
Allan Ave
4th St
Terminal St
French Ave
Glide Ave
Yolo St
Higgins Rd
Bryte Ave
I St Bridge
Partridge Ave
Village Pkwy
Lisbon Ave
Virginia Ave
Michigan Blvd
Antioch Ave
15th
Cummins Way
Ramco St
C St
Enterprise
Rice
Carrie St
We stacr e Rd
Kegle Dr
Burrows Ave
Seaport Blvd
Gregory Ave

SACRAMENTO AVE
Evergreen Ave
North Harbor Blvd
Stonegate Dr
Anna St
G St
Bevan Rd
Marshall Rd
Thorp Rd
Otis Ave
Harbor Blvd
Reed Ave
Stone Blvd
Park Blvd
E ST
Davis Rd
Linden Rd
F ST

WEST CAPITOL AVE
South River Rd

JEFFERSON BLVD
Millbrook
Ct
Roundhill
Ct
Peppertree
Ct
Squaw
Ct
Dolphin
Ct
Summerfield
Ct
Vine Hill
Ct
Coffeeberry St
Huckleberry St
Snapdragon St
Blackfoot
Ct
Rogue
River Ct
Sandypoint Ct
Grande St
Quail
Ct
AnacapaIsland Ct
Carrigan
Ct
Middle Bass Island Ct
Santa Barbara St
King Ed
ward Ct
Mare
Island Ct
Roma Ct
Monte
Vista
Ct
Elsinore
Ct
Gary
Ct
Pegler
Ct
Driftwood
Ct
Kodiak
Island Pl
Cable
Ct
Folsom
Ct
Maryland
Ct
Tobago
Ct
Snapdragon Cir
Azalea
Pl
Wildginger St
Deerwood
Cir
Alabama
Ct
Bermuda
Ct
Galian o
Island Rd
Mandarin Ct
Browns
Island Ct
Seabrook
Ct
Monterey
Ct
Foster
Ct
Stuart
Island St
San Miguel St
Gooseberry Cir
Touch
stone Ct
Benton
Pl
Nunez
Ct
Victoria
Island Ct
Washoe
Ct
Ram
ona Ct
Wake
Island Ct
Modoc
Ct
Jennings Ct
Puerto
Rico Rd
Morrow Bay St
Shoveler
Ct
Merrit
Island Ct
Creek
Gold
Ct
Bonita
Ct
Santiam
St
Sawbills
Ct
Swan Island St
Castle
Ct
Greycalls
Ct
Call
Ct
San Remo
Ct
New
Island
St
Huckleberry Cir
Barberry
Pl
Colleen
Ct
Alturas
Ct
Shaver
Ct
Danbury
Ct
Jacquelyn
Ln
Rumsey
Pl
Spalding
Ct
Stone
Ct
Gadwall
Ct
Trophy
Ct
Royal Oaks
Dr
Elk
Valley
St
Tradewinds
Cir
Pomo
Ct
Yurok
Pl
Camanche St
Atherton
Pl
Mckinley Way
San Carlos
Ct
Arcata
Bay Rd
Orchard Way
Dry Creek St
Mackinac Rd
Baldpate
Ct
Newberry
St
Grant
Ct
Drakes
Bay St
Gardenia
Ave
Park
Ct
Costa
Ct
Cloverdale
Rd
Island Ct
Andrus
Brock
Ct
Crystal
Ct
Briarwood Dr
Safflower Pl
Rollins
Ct
Brisbane
St
Perris
Ct
Peachtree St
Hughes
Cir
Powell
Pl
CortesIsland
Rd
Bacon
Island St
Millerton
Pl
Havasu
St
Kents
Ct
Pyramid
Pl
Birch
Ave
Rogue River Cir
Aylesbury
Ct
Goldeneye
Ct
Cedar
Ct
Alpine
St
China Hat
Island Rd
Carmel
Ct
Bali Pl
Lopez Island Rd Phillip Island Rd
Fathom Pl
Susan
Ct
Midway Island St
El Rancho
Ct
Pender
Island St
Cook Island
Rd
Plymouth Rd
Portola
St
Hill
Ct
Antigua
Pl
Bear River
Fillmore
Pl
Almanor Rd
Parkway
Pl
Mergan sers Ct
Waterfront
Pl
Lexy
St
Perkins Ct
Malibu
Ct
Black foot
Rd
Cedarbrook Rd
Long Island St
Silverado St
Castaic
Ct
Johnson
Rd
Cuba
Rd
Gulf Island St
Stuart
Ct
Cherokee
Rd
Egret
Rd
Boston Rd
Bowen
Island St
Rolling
Green Dr
Sycamore Ave Sycamore
Ave
Cat Island
Rd
Marina
Way
Spoonbill
Rd
Perez Cir
Roven
Hemlock
St
Acorn
Ct
Big Bear St
Hawaii Ct
Sandpiper
Ln
Pintail
Bethel Way
Dobros
Dr
Iris Pl
San Nicolas Rd
Berryessa Pl
Balsam
St
Nautica
Ct
Evergreen
Cir
Mendocino
Ct
Kellys Island Rd
Southerland Rd
Java Ct
Franklin Way
Britton Pl
King Edward Rd
Harriet Ln
Simon
Ter
Loki
Dr
Cypress Rd
Monte Vi sta St
Butler Ct
Mandeville Way
Pilot
Point Rd
Chelan Rd
Flossie
Ave
Alamo Pl
New York Rd
Paradise
Way
Starboard
Dr
Kovr Dr
Morning Glory
St
Airons Ct
Mulvany
Pl
Canal
St
Morse
Ct
Bradford Way
Nichols Ct
Bowlen Dr
Glenwo od St
Sharon
Ct
Molokai Rd
Tacoma Narrows St
Liverpool St
Savannah Ln
Brannan Way
Raley
Ct
Presidio Rd
Decker Way
Essex Ave
Teresa Ln
Twitchell
Island Rd
Orinda Pl
Walker Rd
Oxford St
Wren
St
Regent St
Nari Dr
Pecan Ct
Hickory Way
Diablo St
Peppertree Rd
Leslie Ln
Birmingham Ave
Brenda Way
Lassen St
Coke
St
Rand olph Rd
Nancy Ln
Watercolor Ln
California St
Isabella St Coit Pl Hart Ave
Water St
Riverside Pkwy
Cebrian St
Walnut St
Betty Way
Mojave Dr
Coyote Rd
Hardy Dr
16th St
Harmon Rd
17th
St
Meadow Rd
Douglas St
Maple St
Pecan St
Parkway Blvd
Redwood Ave
Center Rd
Windmere
Ct
Windmward
Cir
Whitney
Pl
Rose
Ct
Phelps
Ct
Fraser
Island Rd
Roaring Creek St
Bandalin
Ct
New
Hogan
Pl
Pine Ct
Lone
Southhampton St
Woodside
Dr
Coronado
St
Snowberry Cir
Freeboard
Dr
Stoneyford Rd
Kimberly
Ct
Walnut
Ct
Eucli d St
Almond St
Cascade St
Jackson St
Glide Ct
Elizabeth St
Grande
Vista Ave
Marigold St
Swift St
Massie
Ct
Cooper Island Rd
St Croix Rd
Ironwood Way
Eagle St
Waterford Dr
Bass
St
Denise Ct
Peter Island Rd
Elkhorn Plz
Santa Cruz Rd
Tyler Way
Union Square Rd
Chaparral Way
Crested St
Cayman Island St
Renee Ct
Condor St
Overland
Ct
Sausalito Rd
Headslane Rd
Angel Ct
Fifth St
San Vicente Rd
Abaco Rd
Elliot St
Welland Way
Bonaire Rd
Wigeon St
Greenwood Ave
Sren Dr
18th St
Ramos Dr
Lily Pl
Short St
Fallbrook St
Middle St
Inglewood Dr
Grizzly Bay Rd
Turlock St
Arrowhead St
Tortola Rd
Princeton Rd
Spruce Way
Fiji Island St
Redding Rd
Greenbriar Rd
Walnut Ave
Tamarack Rd
Chinook Rd
Pennsylvania Ave
Crown Ave
Fourness Dr
Garnet St
Holland Dr
Pine St
Starling Ln
Colusa Rd
Proctor Ave
Hoopa Rd
Rich St
Aster Ave
Tapley Rd Tapley Rd
Haverhill St
Riva Rd
Collins St
Odin Dr
W ebst er St
Eric Dr
Jasmine Ave
Front St
Shasta Way
Willow Ave
Bragi
River Crest Dr
Solano St
17th St
A. C.

D. E. F. G.

A. B. C. D. E.

K. I.

N. J.

F. G. H.

M. L.

T. S.

R. Y.

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2. 3.

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B PB P
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R - 1 A R - 1 A

P Q P P Q P
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C B D C B D
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A GA G M - L M - L
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M - 3 M - 3
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R - 3 R - 3

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M U - N C M U - N C

M U - C M U - C
Port of West Sacramento
P D - 2 1 P D - 2 1
P DP D
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80 80
50 80
City of West Sacramento October 2016 Community Development Department AG
BP
C
LI
LR
MCI
MHR
MR
Agriculture
Business Park
Commercial
Central Business
District
Heavy Industrial
High Density
Residential
Highway Service
Commercial
Light Industrial
Low Density
Residential
Mixed Commercial
/ Industrial
Medium High
Density Res.

Medium Density
Residential
HR
HSC
0 0.25 0.5
«
1 Miles
Zoning Designations
Residential Zones
RRA Residential - Rural Agricultural
R-3 Residential - Multifamily
RP Recreation and Parks
POS Public Open Space
CH Commercial - Highway
C Commercial
BP Business Park
CBD Central Business District
PQP Public/Quasi Public
M-1 Light Industrial
M-2 Heavy Industrial
MU-NC Mixed Use Neighborhood Commercial
MU-C Mixed Use Corridor
WF Waterfront
Commercial Zones
Other Zones
RE Residential Rural Estates
Mixed Use Zones
Industrial Zones
City of West Sacramento Zoning Map
Sacramento River
Deep Water Channel
F.D
Station 43
George Kristoff
Water Treatment Plant
City Hall
F.D Station 44
Police Department
Senior Center
Teen Center
F.D.

Station 41
Public Works
Bridgeway Lakes Boathouse
F.D.

Station 42
Recreation Center
F.D.

Station 45
R-1-A Residential One Family
R-2.5 Residential - Medium High Density
R-2 Residential - Medium Density
M-3 Water-Related Industrial
M-L Limited Industrial
R-1-B Residential - One-Family
AG Agricultural - General
P D - 4 1 P D - 4 1
P D - 4 3 P D - 4 3
P D - 3 0 P D - 3 0
P D - 4 2 P D - 4 2
P D - 2 9 P D - 2 9
P D - 4 0 P D - 4 0
P D - 4 5 P D - 4 5
P D - 4 4 P D - 4 4
658

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of West Sacramento 1110 West Capitol Avenue West Sacramento, CA 95691 Yolo 626 Court Street #B01 Woodland, CA 95695 Amendment to Municipal Code Title 17 for Housing Element Implementation City of West Sacramento West Sacramento, CAWest Sacramento Yolo The project will amend the City of West Sacramento's Municipal Code, Title 17 to achieve compliance with Government Code § 65583.2.

City of West Sacramento City of West Sacramento X
Common Sense Exemption Section 15061(b)(3); Class 5 Exemption Section 15301 The proposed project does not involve any physical changes with potential to create an adverse effect on the environment pursuant to Section 15601(b)(3); The proposed project consists of minor alterations in land use limitations in an area with an average slope less than 20% which does not result in any changes in land use or density pursuant to Section 15301.

Elijah Ortega, Assistant Planner 916-617-4645
659
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 16, 2024
David Tilley, Principal Planner
Community Development Department-Panning Division
1110 West Capitol Avenue, 2nd Floor
West Sacramento, CA 95691
RE: City of West Sacramento Housing Element Implementation – Corrective Action Letter
Dear David Tilley:

The California Department of Housing and Community Development (HCD) has reviewed the City of West Sacramento’s (City) obligations under the housing element and hereby issues its written findings that the City has failed to implement Program HEPR-1.14 (Amend Zoning Ordinance to Promote By-Right Affordable Housing) to allow by-right processing of sites identified in previous housing elements pursuant to Government Code section 65583.2, subdivision (c).

HCD requests that the City review this correspondence and provide a written response to these findings within 30 days and no later than November 15, 2024. HCD will review and consider the City’s written response before taking any action authorized by Government Code section 65585, subdivisions (i) and (j). As noted below, such action could include revoking HCD’s finding that the City’s housing element is in substantial compliance with Housing Element Law and/or referral to the California Office of the Attorney General.

Housing Element Law
HCD must review any action or failure to act by a City that it determines to be inconsistent with an adopted housing element or section 65583 generally, and it must issue written findings to the City accordingly.
1 HCD must give the City a reasonable
time, no longer than 30 days, to respond to these findings.2 If HCD does not receive a written response from the City within 30 days, or the response does not demonstrate that the program action has been implemented, then HCD will revoke its findings that the City’s housing element substantially complies with Housing Element Law. 3 1 Gov. Code, § 65585, subd. (i)(1)
2 Gov. Code, § 65585, subd. (i)(1)(A)
3 Gov. Code, § 65585, subd. (i)(1)(B)
ATTACHMENT 6
660
David Tilley, Principal Planner

Page 2 ends

Additionally, HCD may notify the California Office of the Attorney General when a City takes actions that are inconsistent with an adopted housing element or Government Code sections 65583 and 65915, among other laws.4
Findings
On February 16, 2022, HCD found the City’s housing element in substantial compliance with Housing Element Law. HCD based its compliance finding on, among other things, a commitment to implement housing element Program HE-PR-1.14. This Program committed to allowing by-right processing of sites identified in previous housing elements pursuant to Government Code section 65583.2, subdivision (c) by May 2024.

On August 14, 2024, HCD sent the City a Letter of Inquiry requesting an update on the City’s progress implementing rezone actions in program HE-PR-1.14. The City provided a written response on September 10, 2024, stating that the City was in the process of adopting required rezonings, but did not anticipate taking these rezones to City Council for adoption until early November.

Based upon the City’s September 10, 2024, correspondence, HCD finds that the City has failed to implement this required rezone program action within the statutorily required timeframe.

Next Steps
HCD provides the City until November 15, 2024 to send a written response to these findings. If you have questions, need additional information, or wish to schedule a meeting, please contact me at [email protected] or Fidel Herrera at [email protected].

Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
4 Gov. Code, § 65585, subd. (j)
661

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 6, 2024 ITEM # 19
SUBJECT:

CONSIDERATION OF ADOPTION OF SMALL BUSINESS ACCELERATOR PROGRAM INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Meaghan Stiles, Economic Development Manager
Economic Development and Housing
ATTACHMENT [ ] Yes [X] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
This presentation and report are to provide the City Council with an update on the proposed Small Business Accelerator Program and request consideration of adoption of the Program.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Approve the Small Business Accelerator Program (SBAP) in substantially the form presented by staff and described below; and

2. Authorize the City Manager or his designee to take all actions necessary to implement the SBAP, including the execution of any agreements in connection with administration of the Program.

BACKGROUND
At the September 18, 2024, City Council meeting, staff conducted a workshop on the Small Business Accelerator Program and requested feedback from Council on the proposed Program, which included four major categories:
 Small Business Frontage, Site Improvement, and Accessibility Program  Small Business Permit Fee Assistance Program
 Small Business Micro-Grant Program
 Small Business Vandalism Relief Program
Feedback from Council included general support for all Program components, as well as a specific recommendation to implement the Program as soon as possible so that prospective and/or existing small businesses can use the Program to prepare for additional foot traffic anticipated as we welcome the Oakland A’s in 2025. Additional feedback included exploring programs that allow for energy efficient equipment upgrades and the need for an overall marketing strategy for tourism in West Sacramento.

This feedback, along with additional information provided by local hospitality establishments at the Mayor’s second Business Roundtable meeting, helped to inform refinements to the Program, as well as a phased implementation schedule to support launching key components of the Program quickly.

ANALYSIS
In response to feedback related to supporting restaurants and other hospitality businesses that are likely to benefit from the increased foot traffic and visitors for A’s games, a new funding category, the Food and Beverage Facility Enhancement Program, is proposed. The program parameters were developed based on research of other jurisdictions with similar programs, and consultation with local restauranteurs and the California Restaurant Association.

Also in response to feedback received, the Small Business Frontage, Site Improvement, and Accessibility Program has been modified into two separate funding categories: the Façade Improvement Program and the Tenant Improvement Program. The separation of interior versus exterior improvements will help streamline the grant process and make the funding category intentions more easily understood by applicants.

In response to feedback received regarding an overall marketing strategy for the City, The Strategic Tourism Marketing Program has been added as an additional Program component. This Program is intended to benefit all West Sacramento businesses.

Lastly, given the strong interest in implementing the Program as quickly as possible, staff is recommending a phased approach to implementation. As noted below, the SBAP is proposed to be rolled out in three phases over the course of 9-12 months, with the intention to have all programs up and running by the last quarter of 662 Small Business Accelerator Program
November 6, 2024

Page 2 ends

2025. When considering which programs to implement first, feedback from the Council and the business community was taken into consideration and priority was given to programs with the lowest barriers to entry and the easiest for staff to implement quickly. The proposed updated SBAP and phasing plan is described below.

Small Business Accelerator Program Funding Categories
The proposed SBAP consists of the following seven components/funding categories which will be implemented in three phases:

PHASE I (Q4 2024)

1. Food and Beverage Facility Enhancement Program – This new Program category was added based on feedback from the Council and will be a priority to implement first. This category is accessible for any small business that has less than 15 full-time equivalent (FTE) employees and less than $3M in annual revenue as well as meets one of the following categories: quick service dining, casual dining, fine dining, fast casual dining, brewery, or tasting room; and is privately operated (no national brands or chains). The program provides up to $15,000 to the business owner for eligible expenses associated with building or refreshing dining spaces, technology upgrades, and making improvements to kitchen operations and equipment. Any business may receive funding from this category one time only.

2. Small Business Permit Fee Assistance Program - Of the four proposed funding categories, the Small Business Permit Fee Assistant Program is the simplest to implement. It does not require providing funds to the applicant, but rather is used internally to reimburse staff time for plan check and review costs associated with improvement project(s). This category is accessible to any small business with less than 15 FTE employees and less than $3M in annual revenue and provides up to $10,000 towards the cost of City Planning and or Building Permit fees necessary to occupy or expand in a commercial space. Funding would be provided to the Community Development Department directly in the form of a credit to the grantee’s account which can be drawn down as permits are processed. Any costs incurred beyond the $10,000 would be the grantee’s responsibility. Any business who applies for, and receives, funding would be ineligible for additional funding in this category for a 1-year period.

3. Small Business Vandalism Relief Program - Many small businesses, regardless of their location in the city, have been victims of vandalism and robbery that result in significant costs incurred just to reopen their business. This program provides up to $5,000/year to any small business that has been a victim of robbery and/ or vandalism to cover the cost of broken windows, doors and locks, etching on windows, graffiti, and more. Staff has consulted with the West Sacramento Police Department and will be working to include a requirement to purchase and install a West Sacramento Safe and Secure camera system as part of this program. This will help to deter future acts of vandalism and robbery. Small businesses are eligible for funding in this category up to $5,000 per year.

4. Strategic Tourism Marketing Program – This is another new Program category and includes staff working with a consultant to outline and implement a comprehensive marketing program that aims to promote West Sacramento as an enticing tourist destination. Focus will be on creating a unique brand identity, enhancing our city’s image, attracting visitors, and boosting economic growth within the region.

PHASE II (Q1 2025)

5. Small Business Tenant Improvement Program - When moving to a new space or improving an existing space, the cost and time involved to design code-compliant tenant improvements are often overlooked.

Aging infrastructure and buildings in the older areas of the City often require significant on- and off-site improvements to comply with ADA, seismic and energy requirements and require the assistance of a knowledgeable and licensed professional. This can create confusion and lag time for both the business and staff and the cost to obtain assistance from professionals is often outside the means of many businesses. This Program component is designed for small businesses with less than 15 FTE employees and less than $3M in annual revenue who own a business located in a geographically disadvantaged area or is a minority- or women-owned business located within the City. The Program provides up to $75,000 for tenant improvements and/or off-site and accessibility improvements needed to comply with California and West Sacramento building codes. For this program, the City Manager would be given the authority to provide additional funds at their discretion. Any business or commercial property owner who applies for, and receives, funding would be ineligible for additional funding in this category for a 5-year period.
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6. Small Business Façade Improvement Program - Businesses with storefronts greatly benefit from investment on those parts of the building that are most visible to the public and face publicly accessible areas such as streets and sidewalks. Investments in building façades provide a number of benefits that include more inviting storefronts, improvements to neighborhood characteristics, much needed reinvestment into older buildings, and potential increases in foot traffic. This Program component is designed for small businesses with less than 15 FTE employees and less than $3M in annual revenue who own a business or commercial property located in a geographically disadvantaged area or is a minority- or women-owned business located within the City. The Program provides up to $50,000 to the commercial property owner or business owner for eligible expenses associated with renovation or installation of exterior improvements. For this program, the City Manager would be given the authority to provide additional funds at their discretion. Any business or commercial property owner who applies for, and receives, funding would be ineligible for additional funding in this category for a 5-year period.

PHASE III (Q2 2025)

7. Small Business Micro-Grant Program - One of the biggest obstacles facing small business owners seeking to expand is their ability to qualify for and obtain debt financing. Lenders frequently cite poor financial recordkeeping, insufficient collateral (debt to equity ‘gap’) and a history of low credit scores as barriers to small business lending. This funding category is accessible to any small business with less than 15 FTE employees and less than $3M in annual revenue and provides up to $20,000 for operating capital to assist with small businesses transitioning to brick-and-mortar facilities or looking to expand into a larger commercial space.

These funds must be used for operating capital (payroll, insurance, lease/mortgage, inventory, marketing, accounting, and/or supplies) and the award of these funds must generate at least 1 new full-time job. The intention of this funding category is to encourage expansion and entrepreneurship, but it has a higher financial risk to the City. Funds are not required to be repaid if the business closes or remains headquartered in West Sacramento for 5 years following distribution of funds. However, all funds must be repaid if the business elects to relocate or expand outside the City. For this program, the grantee is eligible for funding one time per business venture. Demonstrated success with past funding awards will be a factor in considering future funding requests from applicants in this category.

The SBAP has many benefits to the city:
 Helps to reduce barriers for small businesses by absorbing many start-up/improvement costs and creating visible community improvements;
 Encourages beautification and upgrades in the city’s older commercial areas, which historically have not attracted private investment as easily as newer commercial areas;  Helps to offset the higher costs of improving older buildings/properties; and  City investment in older commercial corridors, including façade, storefront or technology upgrades of under-utilized space, helps to make those spaces more marketable and provides additional location options for small businesses.

Staff is requesting Council consideration of adoption of the SBAP components, as well as other actions necessary to implement the Program. As the Program is implemented, refinements may be recommended based on Program participant feedback and metrics will be developed to evaluate and report on Program success.

Environmental Considerations
N/A
Commission Recommendation
On May 22, 2024, staff presented information on the SBAP to the Economic Development and Housing Commission. The Commission provided feedback on a number of the program components which have been incorporated into the proposed SBAP for Council feedback and consideration.

Strategic Plan Integration
Development of programs related to “Inclusive Economic Development” was included as a Policy item in the Council’s 2021 Strategic Plan.
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Alternatives
In addition to the recommended actions, Council’s primary alternatives include:
1) Decline to adopt the Program at this time; and/or
2) Request modifications to the program for consideration at a later date.

Staff does not recommend alternatives one or two as it will create significant delays in implementing this much needed Program.

Coordination and Review
This report was prepared by the Economic Development and Housing Department in collaboration with Community Development, Capital Projects, Finance and Police departments, as well as the City Attorney, Executive Team and the West Sacramento Chamber of Commerce.

Additionally, this grant program has been developed alongside the Retail Cannabis License program, which will include Measure N funding to assist one equity candidate in opening their business. A Request for Proposals for the Equity Retail Cannabis program was released on September 16 with a proposal deadline of October 31, 2024. At that time, a consultant will review the proposals and provide staff with a list of qualified proposals to be considered. The SBAP will be implemented concurrent with the Retail Cannabis Program, and adequate funds are available to administer both programs.

Budget/Cost Impact
Per the Council-approved Measure N policy, 30 percent of annual Measure N revenues, or approximately $1.5 million annually, may be utilized for Inclusive Economic Development projects/activities. The amount of annual funding proposed to be set aside for the SBAP is estimated at $500,000 to $1 million, depending on demand.

ATTACHMENTS
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West Sacramento City CouncilNovember 6, 2024

West Sacramento City Council
November 6, 2024