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HomeMy WebLinkAboutAgenda Report - March 21, 2007 I-01 PHA41011111110A ITiM , r 'r I CffY OF Low COUNCIL COMMUNICATION AGEN TfTLE: Cond ct a Public Hearing to con*Mw: a) C of the Lodi Anton Environnontol impact Roper # (EMih as CkQA arms for the W shAlie Project b) Tho Wes Wls Project, which inchrdes Annexation, Pte-aonino, Der lope Apreernent, Are'endenoeris to We 1111cyalle Transper n Maier Pis% and the Vlostallde Facililles Master Plan to incororae 131 acres Into the City of Lodi to allow construction of I" dwellkq units, 3 nei borhoodleommunity parks, and a pub9e elementary school at 331 E. Savant Road, 70 East Sargent Road, 212 East Sargent Road, and 402 East Sa#Vent Road. MEETNG DATE: Marck21, 2007 PFIEPA" 111IFlf: Randa Match, Conanuni* Dwelopmsn# Director RECO11 ACTION: Take action in accordance with the following recommendations: Elk The Plo Aning Commission fiends that the City Council ceetiily the Lodi Amnmcations EIR (FOR. 05;01) #b ante CEQA aeslysis for the Westside Project, adopt the FindkW and Statement of Overrid g Consideerafions and the Mitigation Monitoring and Reporting Program with specific modific form to Mitigation M6ssures (LU -1, LU -2 and TRANS -1). Pr Fo ciwi the Cilly Councirl's 4dion to certify the EIR, Staff recommends that the City Council take th4 follower acns retried to this Westside Project: 1) A laLro the request oTom Doucette, FCB, to adopt a resolution of intent to annex 'td1 acres of (AX -04-02) into the corporate limits of the City of Lodi. 2) A mare the request of Tom Doucette, FCB, for a Prozone (Z-04-43) to a Penned Development () Zone for the entire Westside plan area. 3) Alrrwe the request of Tom Doucette, FCB, for a Deyek*nwt Agrees (GM -05-002), seitire th# mitlual entitlement dWigations entered into between the City and the project applicant for the W4stside project. 4) A .. rove t-te request of -.,Tom Doucette, FCB, to Amend the Conceptual Land UseelCir+culation PWh at the Ili ide IlocINO s Master Plan. 5) Approrre the request of Tom Doucette, FCB, for an Amendment to the Bicycle Masbr Plan. APPROVED: Zm-:�:2� EUr ft, City Manager C:1C0cumen1Wand fttting6VhWh%Lo0ai Setd*$Uemporary Intemet Fi WOLKSM3-21 Westside rew.doc SlIM�NtY The fol*wit psovldes a brim overview of the Westside Project. 1 -. The Westside project wouldpnnex 151 acres of land from San Joaquin County into the City of Lodi, which could accommodate *velopment of up to 745 residential units, 24 acres of parks/park basins and trails, alb Mary school and related infrastructure. To implement the proposed project, the applicant has sull mMed applications for Annexation, Prezone, growth management unit agocation, and an Amenent to the land use plan within the Westside Facilities Master Plan and an Amendment to the Bicycle Master Plan. The growth management units would be allocated through the Development Agreement. er►c4139MUD CITY dODLMI M ACVM: A4 the City Council meeting of November 1, 2006 prior to the public hearing on this pr ct, it was disclosed at two Council Members own an interest in property within a SW foot radius Of the prefect. This c"titutes a potential financial conflict of interest which would cause the effected Councfl Members to remove themselves from participation in this project. This project was continubd to the November 15, 2006 meeting to allow Staff to research the potential conflict. At the Noven er 15, 2006 meeting, the Council continued the project to February 21, 2007 to allow an appraiser to conduct a fiscal.analysis to determine if a financial conflict actually exists. On February 21, 2007, the project was continued again until such time as the potential financial conflict analysis is completed. The results of the appraisal have been finalized, and the two potentially effected Council Members are aware of the fiscal implications the project may have on their properties. These two Council Members will use the information in the appraisal to determine if they need to remove themselves from participation in this project, prior to the commencement of the public hearing on this project. Project Sill Characteristics s The Westside project site is ppproxirnately 151 acres and is comprised of 4 parcels. The site is divided by SargentRead (which would be renamed Lodi Avenue as part of this project). The project sib consists of a trianoilar parcel north of Wgent Road and three rectangular parcels south of Sargent Road. The parceWsouth of Sargent Rodd are active vineyards. The triangular parcel on the north side of Sargent Road is a vacant unused field. The project site is entirely within the City's Sphere of Influence and the City's General flan designates the project area as "PR" Planned Residential. The General Plan anticipalted development of the PR designated properties by 2007. Pro* Dsacrlipiion The Westside project is a m*ster planned residential community that, if approved, could acoommodiats develoOnent of up to 745 now residential units, 24 acres of parWpark basins, trails and open specs, a K-6 el erfary school (10 acres), and related infrastructure. The proposed Westside land use plan is intendtiill to guide future devolopment of the project area. Detafled pians for development within the project ore* (including propmed setbacks, height, and architectural design of the homes) would be subjectto review by the Planning Commission and City Council via a development pian and tentative subdivision maps. CADocu is and SWjngs\0hatch\ Sat hW\T*rnporary Internet FksVDLKMI3-21 WWbide feport.doc 2 NP Mar— 1 NOR -M The Westside project wouldpnnex 151 acres of land from San Joaquin County into the City of Lodi, which could accommodate *velopment of up to 745 residential units, 24 acres of parks/park basins and trails, alb Mary school and related infrastructure. To implement the proposed project, the applicant has sull mMed applications for Annexation, Prezone, growth management unit agocation, and an Amenent to the land use plan within the Westside Facilities Master Plan and an Amendment to the Bicycle Master Plan. The growth management units would be allocated through the Development Agreement. er►c4139MUD CITY dODLMI M ACVM: A4 the City Council meeting of November 1, 2006 prior to the public hearing on this pr ct, it was disclosed at two Council Members own an interest in property within a SW foot radius Of the prefect. This c"titutes a potential financial conflict of interest which would cause the effected Councfl Members to remove themselves from participation in this project. This project was continubd to the November 15, 2006 meeting to allow Staff to research the potential conflict. At the Noven er 15, 2006 meeting, the Council continued the project to February 21, 2007 to allow an appraiser to conduct a fiscal.analysis to determine if a financial conflict actually exists. On February 21, 2007, the project was continued again until such time as the potential financial conflict analysis is completed. The results of the appraisal have been finalized, and the two potentially effected Council Members are aware of the fiscal implications the project may have on their properties. These two Council Members will use the information in the appraisal to determine if they need to remove themselves from participation in this project, prior to the commencement of the public hearing on this project. Project Sill Characteristics s The Westside project site is ppproxirnately 151 acres and is comprised of 4 parcels. The site is divided by SargentRead (which would be renamed Lodi Avenue as part of this project). The project sib consists of a trianoilar parcel north of Wgent Road and three rectangular parcels south of Sargent Road. The parceWsouth of Sargent Rodd are active vineyards. The triangular parcel on the north side of Sargent Road is a vacant unused field. The project site is entirely within the City's Sphere of Influence and the City's General flan designates the project area as "PR" Planned Residential. The General Plan anticipalted development of the PR designated properties by 2007. Pro* Dsacrlipiion The Westside project is a m*ster planned residential community that, if approved, could acoommodiats develoOnent of up to 745 now residential units, 24 acres of parWpark basins, trails and open specs, a K-6 el erfary school (10 acres), and related infrastructure. The proposed Westside land use plan is intendtiill to guide future devolopment of the project area. Detafled pians for development within the project ore* (including propmed setbacks, height, and architectural design of the homes) would be subjectto review by the Planning Commission and City Council via a development pian and tentative subdivision maps. CADocu is and SWjngs\0hatch\ Sat hW\T*rnporary Internet FksVDLKMI3-21 WWbide feport.doc 2 Westside Land Use Plan =1 WEMSIDE- GIIuePm ive Land Uw Plan 0 SCALE : I' - 34a ciao Ld, CA ■ FC: H Ht3MB !�.\I'1..... ...,.....1.. .....J C..3L:...... \..L...I....,.\1 ......I O..W.......\T.................. I..L........L C:1....\/ll IZ / n.l 1l1 /....L..:.J............L.. A-- The WoetWe land use pian a lesignafts the project site for develoipnent as follows: 9g acres of low clonsity, single-family, dwelling units (up to 7 units per acre); • 9 acres of medic* -dimity dwelling units (7.1 to 20 units per acre); e, 9 acres of high-d"sity dualling units (20.1 to 30 units per acre:); 10 acres of eta ary school; and 24 acres of d (11.43 acres of upland park and 9.77 acres of basin area, 3.2 acres of traft). C 1 tIIwITAL ALY916 Staff Wed one EIRto uafe both of the proposed projects by FCB Horns: the SW Gateway i" Pr0n# the Wosaide Pvct. On September 16, 2005, a Notice of Preparation (NOP) vn circuisst#d notifyir re Wonsible agenci s and interested parties that an EIR would be prepared and indicating the enviroretl topics'that we anticipated to be addressed in the EIR. A public scoping session, noticdd to all pl pWty owners locatep within 300 feet of the projects, was held by the Planning Commission on October 12, 2005. Cummer* received by the City and at the public scoping meeting were taken into consideration during prepar4tion of the EIR. The Drift EIR was preparedand made available for public review on April 17, 2006. It was distributed W State a0d local agencies, pied at the County, and made available at the City Planning Offices and Public Wbrery and the City's website. The Draft EIR was distributed to the Planning Commissioners (and City Council members) in April 2006. The Notice of Completion (NOC) was published on April 17, 2006. The 4lay public comment period began on April 17, 2006 and closed on May 26, 2006. Written responess to each comment received were prepared, and the comments and responses were provided in a Respqnso to Comments document. The Drift KJR together with #re Response to Comments document constitute the Final EIR, and the City Counct nuat consider the apialysis arld conclusions in theme documents prior to taking action on the Wests* applications for An0exation, Prezone, Development Agreement, Bicycle Master Pian Arnenftent and Westside Facilities Master Plan Amendment. The Final EIR was distributed to the City Councilmen October 5, 2006. The Pl rnirg.. Commission considered certification of the Final EIR at meetings on October 11, 2006 acrd Octobei 25, 2006. The Comiission's review of the document and their recommendations are described below, sou," of 00 W Based do oancerns Kientifte4 in the HOP and comments receNe d during the public seoping meeling, the followiro topes were identffmid for evaluation within the EIR: • Lard Use, Agriculture anal Planning Policy Tralic and Circulation • Air QuaRy • Noise • Cu al- and4Daae*nt04og al Resources • Geogy, Soils and Seeisroicity • Hyd$.Dioy sod Water QuOlity C:1 ad Se*rp\ff^kh%Loc# SaffinpIToi npmry intemat FiNHOLK -2i W4dide repoR.doc 4 • Bio gi *ftsouPces • Hafirdis and Hagardous iAaWals • Utiftes • Pulic Services • Visi Resources • Enogy Irk l4onfNed lot the LA)di Anon EIEC! Under fEQA, a s caint ir(Apact on the environment is defined as: a subdantial, or poter*o#y substa$ial, adverse change in any of the physical condftkm within the area affected by the project indudh% lwid, air, water, m erals, flora, fauna,, ambient noise and objects of historic or aeW*ic significonce. Impacts 11,00a4d to Less-thou-Sigrr4kant Levels. The Lodi Annexation EIR identified certain potendallly significant on land usp, air quality, noise, cultural and paleontological resources, geology, sobs and seillllimicity, hydrology aril water quality, biological resources, hazards and hazardous materials, and visual resources that could result from the project. However, the adoption of the mitigation measures identifidd in the Draft El R and incorporated in the Mitigation Monitoring Plan (see Attachment A of the draft Eft resolution) would reduce these significant or potentially significant effects to less -than - significant levels. Signifliant Unavoidable Impocts. The Draft EIR and Response to Comments document identify several irnpacts on land use, transportation, circulation and parking, air quality, noise and visual resources that cannot be rnft4Wed to a lesal-than-significant level even though all feasible mitigation measures have been identified and adopted as part of the project. CEQA requires the agency to support, in writing, the specifier reasons for consideOng a protect acceptable when significant impacts are not avoided or substat tially lessened. If the specific economic, legal, social, technological or other benefits of the project outweigh the unavoidable adverse environmental effects, those effects may be considered acceptable. Staff has prepared a Statement of Overriding Considerations (see Attachment A of the draft EIR resolution) that concluders that notwithstanding the disclosure of the significant unavoidable impact, there are specific overriding economic, legal, social, and other reasons for approving this project. Cumulative Impacts. The Lodi Annexation EIR analyzed development that is likely to occur under the buildout of the General Plan in addition to specific development projects throughout the City to determine cumulative impacts of the proposed project. The EIR found that the project would exacerbate nonattainment of air quality standards within the San Joaquin Valley traffic circulation impact. EIR Prldect AiwrnaMves The EllIt considered four altarnatives to the proposed project: the No Project/No Build Alternative, the AgricubralResidentiail Alterative, the Reduced Density Alternative, and the Increased Him Density Alternative. As required by CIEQA, the EIR identified an environmentally superior alternative. The No Project0ko Build alternative was identified as the environmentally superior alternative in the strict sense that the environmental impaots associated with its implementation would be the least of all the scenarios examined (Including the proposed project). In cases like this where the No Project/No Build alternative is the environmentally superior alternative, CEQA requires that the second most environmentally superior alternatve be identified. The Agricultural Residential alternative would be considered the second most environmentally superior alternative. Under this alternative, there would be a reduction in potential land use impacts as the majority of the site would remain in agricultural production. However, this alternative would not meet the project objectives of providing increased residential opportunities for the City of Lodi, as well as providing parks and public facilities. CADDcum is W4 361inPVMtch1ocj i*%ngs%`r&nporary Intemet FiMMOLKSM-21 W42609 rsport.doc 5 Rosp4pss In Qoaa merefs 130cuaaent The R40ponse to Comment RTC) document provides responses to comments on the Draft EIR aril mskeatevhions to the Dra EIR, as necessary, in response to these comments or to amplify and cillarly matedili in the Draft F.R. Thi fok wing nine comment letters where submitted to the City of Lodi during the puf c review period: 1. QPpairtment of CaliforrOs Highway Patrol May 4, 2006 li. Cods, Caipta�i 2, t*pmt of Consertation, May 26, 2006 *ision of Land Res Proiaction is nrsib J. Os ant, Adft Peamo t Director 3. I epaairteiit of Franstion, May 25, 2006 m Dumas, Chief of of Intermodal Planning 4. FIci Gaal and Elect Company May 26, 2006 *ord J. Gloicher n 5. Fkbbk 1 1ties Comm'Bic April 26, 2006 l vin solace, t itinneer 6. n �n Ctaunty_ Wooks May 24, 2006 Aldan VoNsio, Aslris Transportation Ptanner 7. C vWmr* Cie of Ploning aind Rsswrch May 26, 2406 *to Clearinghouse Ouse ail Planning Unit T rry Rolaterta, Director 8. 3.0n Joe*n V lley Air. Poikition Control District May 4, 2006 Ibis Johnson, Air G ality Specialist 9. Ason, Robert G. May 23, 2006 Additio Bally, Staff received five EIR comment letters the week of Octotasr 9, 2006. The additional lett" include a suppileme ital let*r from Pacific Gras and Electric Company, Adams 80oadwell Joseph and CardoA on behalf of Citizer# for Open Government, Sierra Club, Caanpaign for Common Ground, and the Cleoerlt Residents. CECkA does not require written responses to these letters as they were not submit*d ging the public 0bmment period; however, staff' provided responses to these letters for the Corm *ion`s considerationat their meeting on October 25, 2006. Min litorirp and 009R0 Parograrn The Mifastlon Mo4toring arra Reporting Program (MMRP) is included as Chapter IV of the Ftesponse, flo Comm4ihts anent (and a# Attachment B of the Graft Resolution to Certify the EIR). The MMW is in compli ace with Section 15( 7 of the CEQA Guidelines, which requires that the Lead Agency "adopt a program for monitoring or reorting on the revisions which it has required in the project and the measuves it has inliposed to mitigate or avoid significant environmental effects." The MMRP lists mitigation measums recommended in the EIR and identifies mitigation monitoring requirements. The WARP identifier the party responsiW for carrying out the required actions, the approximate timeframe for the oversight agency and the parity ultimately responsible for ensuring that the mitigation measure is implemented. Adoption of tho Mitigation Monitoring Plan effectively makes the mitigations part of the project. Fiandlin* acrd Nab"wrrt of verddi tg Consideraftns The Loo Annexation EIR stioWates that following the adoption and implementation of the mitigation measure Winded in t ae EIR, the proposed project would have significant unavoidable impacts can the envWonmerd. Section 45OW alt the CEQA 6uidelines, requires the Lead Agency, prior to approving a project, to cortify that: CADocum4its OW 8&W9$V?91tchiLo ;ttinpW nporery Internet I"iles101.KM-21 WeeWde mport.doc a • The FirAW EtR has been completed in compliance with CEQA; • Tho Firms EIR was pres#Ued to the decision-making body of the lead agency, and that the decision- m*ng body reviewed aid considered the information contained in the Final EIR prior to approving thworaject; and The Final EIR reNects thb lead agency's independent judgment and analysis. In addNon Season 15091 sides that no public agency shall approve or carry out a project for which an EIR h Mott certified whit% identifies one or more significant environmental efAects of the project unless the pulIlic agency makes onle or more written findings for each of those significant effects, accompanied by a bf explanation of the rationale for each finding. The possible findings are: • Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. • Such changes or alterations are within the responsibility and jurisdiction of another public agency and notthe agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. • Specific economic, legak social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or pr*ct alternatives identified in the final EIR. Section 15093 also require* the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefrte of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable" if the jurisdiction states in writing the specifle reasons to support ss action based on the Final EIR and/or other information in the record. Detail,t findings to support. certification of the Final EIR and adoption of a statement of overriding considerations are included: herein as Attachment A of the Draft Resolution to certify the EIR. Planni g Commission ReVlewlReeofnmendation. The Planning Commission considered certification of the Final EIR at meetings on October 11, 2006 and October 25, 2006. Several concerns and questions regardling the EIR were raised by the Commission and the public at the October 11 Commission meeting including: • The project's inconsistency with the Westside Facilities Infrastructure Master Plan is not adequately addrOssed. • The recommended mitigation for buffering the adjacent agricultural land is inadequate (Mitigation Measiure LU -1). The Commission suggested that a buffer of 100 feet minimum be regWred. • Traffic Mitigation Measures TRANS -1 and TRANS -2, which require the preparation of a Traffic Improvement anal Financing Plan that has to be approved by the City Council prior to the approval of a Totative Map, are not adequate and inappropriately defers mitigation. • The recommended Air Quality Mitigation Measures may be inadequate and some of the measures includbd in the Adam's Broadwell letter should be included. • Water supply, source and timing are not adequately addressed. • The ability to treat wastewater from the project is a concern. On OaWber 25, 2006, staff resented responses to the Commission's concerns raised at the October 11, 2006 eebV. The Commis cion and the public posed several questions to staff related to atgricultueal mitigal on, transportation in*ects and review of subsequent approvals. Following the discussion, the CADocudients and Settingsnrhatch\Lorel SettingsWemporary Internet 171"OLKOW-21 Westside report.doc 7 Planni Corn sion passel (6 in favor: 1 opposed) a motion recommending certification of the EIR with the m�ficabons to some of the impacts and mitigation measures as detailed below. Note: Fbcommended text tote added is shown in cline, and text to be deleted is shown in Wit. 't"on Mgoure LU -1: To reduce agricultural/residential land use incompatibilities, the following sha# be required: a. The appiklant shah inform and notify prospective buyers in wrifing, prior to purchase, about exis ag and on-going agricultural activities in the immediate area in the form of a disclosure. statement. The notifications shall disclose that the residence is located in an agricultural area subject to ground and aerial applications of chemical and early morning or nighttime farm operations which may create noise, dust, et cetera. The language and format of such notification shall be reviewed and approved by the City Community Development Department prior to recordation of final map(s). Each disclosure statement shall be acknowledged with the signature of each prospective owner. Additionally, each prospective owner shall also be notified of the City of Lodi and the County of San Joaquin Right -to -Farm Ordinance. b. The conditions of approval for the tentative map(s) shall include requirements ensuring the approval of a suitable design and the installation of a landscaped open space buffer areo, fences, and/or walls around the perimeter of the project site affected by the potential conflicts in land use to minimize conflicts between project residents, non- residential uses, and adjacent agricultural uses prior to occupancy of adjacent houses. c. Prior to recordation of the final map(s) for homes adjacent to existing agricultural operations, the applicant shall submit a detailed land,§pacaing. wail and fencing plan for review and approval by the Community Development Department. d. Additiongly, the agglicant shall revise the plan prior to Tentatite Mao a oval to include art oven space/landscape buffer with a minimum width of 100 feet. (LTS) Impact LU -2: The proposed Westside and SW Gateway projects would result in the conversion of approximately 392 acres of Prime Farmland to non-agricultural uses, and Both the Westside and SW Gateway project sites are primarily used in agricultural production, abed are currently designated as Prime Farmland. Development of the proposed project would result in the conversion of Prime Farmland to non-agricultural uses. Additiotally. when and if plans are proposed and approved for development wit f anLVd._Thare are no feasible mitigation measures that would reduce this impact to a less -than -significant level. This impact would be considered significant and unavoidable even with implementation of the following mitigation measure, which would minimize the impact but not to a less -than -significant level: iti nsure LU 2: Prior to issuance of a building permit after the first quarter of the combined bulding permits for the Westside and SW Gateway pf tsc have been approved, or f3e r al of a parcel or Tentative t would-rejult in thl cony i n Of DriMe farmland within the other Areas to be Annexed, the applicant shall provide and undertake a 0hasing and financing plan (to be approved by the City Council) for one of the following mitigation measures: (1) Iderlltify�e at a minimum ratio of 1:1 in kiigd (approximately acres of prime farrilland for the Westside and SW Gateway proieds ai currently not protected or within an easement) to CAI)ocuntwnts and SettingsVhatcMLoc &I SettingslTemporary Internet FHes10LK8813-21 Westside report.doc as an agripultural use in a location as determinad appropriate by the City of Lodi in consuikati#n with the Central Valley Farmland Trust, and pay a one time fee of $5;OOO.Oato compensate City for monitoring cost/contingencies connected with management of the easements, or pay the monitoring costs as required by the Central Valley Faasmland Trust; or n r J RA S-1: Each of the following mitigation measures shall be implemented to reduce the projeOrs impact on the identified 16 intersections: 1j; Alligation Mea re AIR -2 identifies measures recommended by the SJVAPCD's `Guide !Dr Assessing and Wigating Air Quality Impacts to reduce vehicle trips and associated air quality impacts. implementation of the same measures would also reduce associated traffic impacts. The following are considered to be feasible and effective in further reducing vehicle trip generation And resulldng emissions from the project and shall be implemented to the extent feasible end desired by the City: • Provide pedestrian enhancing infrastructure that includes: sidewalks and pedestrian paths, directpedestrian connections, street trees to shade sidewalks, pedestrian safety designslinfr*tructure, street furniture and artwork, street lighting and or pedestrian signalization and signage. • Provide bicysle enhancing infrastructure that includes: bikeways/paths connecting to a bikeway sys4am, secure bicycle parking. • Provide trai t enhancing infrastructure that includes: transit sheMers, benches, etc., street lightin j, route signs and displays, andlor bus tumoutslbulbs. • Provide parr and ride lots. The impisment4ion of aro aggressive trip reduction program with the appropriate incentives for non -auto tra l can reduce project impacts by approximately 10 to 15 peroent. Such a reduction woulcF help minimize the project's impact. 1 b: The implemRntation of each of the improvements listed in Table IV. B-6 would reduoe the impacts to the *ntified 16 intersections to a less -thein -significant level. To mitigate these impacts, the prc applicant shall prepare a Traffic Mitigation Implesnerdation and Financing Plan at details each of the physical improvements and the timing and geometric changes listed in Table IV.13-6 for both the Existing + Project and Cumulative scenarios (cumulative to address Impact TRANS -2), who will be responsible for implementing the improvement, how the improvement will be funded including a reimbursement program where appropriate; and the schedule or trigger for initiating and completing construction prior to the intersection operation degrading to an unacceptable level. The Plan may include an annual monitoring program of the intersections as a method for determining the schedule for implementing each improvement. The Plan shall take into account whether an improvement is already progrlmmed and/or funded in a City or County program (i.e., Lodi Development Impact Mitigation Fee Program, San Joaquin County Regional Transportation Impact Fee, Measure K (existing or renewal program), and San Joaquin Council of Governments Regional Transportation Improvement Program. If an improvement is included in one or more of these programs, the Plan needs to consider whether the program's schedule for the improvement will meet the needs of the project and if not identify alternatives. The Plan shall CADocumshts and SetlingslrhatchlLocal SettingslTemporary Intemet Files10LK8813-21 Westside report.doc be submitted totCity staff for review and City Council approval prior to submittal of a re�atnent Pi Tont4ye SubdWisiep Map application. Implementation° of Measure TRANS -1 a and TRANS -1 b, would mitigate the project's impact on existing conditions to a less -than -significant level. However, the City may decide to not impiement seleo improvements in order to avoid trending towards a community that is too orientated to tho automobile, which would conflict with some of the General Plan policies that emphasize pedestrian scale. Additionally some of the improvements identified are short-term solu#ons that the City may not choose to implement if a more significant long- term improvemint is being planned (i.e., reconstruction of the Kettleman Lane/SR 99 interchange). As a result, the project's impact at some intersections may be significant and unavoidable if the City chooses not to implement the recommended mitigation measure. (Potentially SU) Staff is federally supportive apf the Commission's recommendations on certification of the EIR, with the exceptiSn of the amendmen*to Mitigation Measure LU -1 (item d) that requires the Westside land use plan to The revised to include a 100 -foot minimum open space landscape buffer. Staff a0preciates the concerns raised by the Commission and the public with respect to providing a buger for agri .iltural uses. Howfevor, staff would caution the City Council's consideration of the recommended mitigation to provide a 100 -foot buffer. Staff firmly believes that such a buffer is not required to reduce agriculraWresidential land Lee incompatibilities to a less -than -significant level. Several cities and counties in central and northabrn California (including Lodi) have similar agriculture and residential interfacbs. Some cities require agricultural buffers (Brentwood and Gilroy) and some cities have requirements that require agricultural uses to co -exist with residential uses by not allowing buffers (Livermore). If it is the desire of the City Council to have an open space buffer provided by the applicant when preparing detailed development plans, the City Council could impose this requirement as a condition of approval into the PD Prezoning. As a condition of approval, the City could have the flexibility of considering the appropriaioness of the buffer at the time the detailed development plans are submitted. However, as a Mifigation Measure, the applicant would be required to provide a 100 -foot buffer to mitigate the impact to a less -than -significant level unless a statement of overriding consideration is adopted. As discoissed in detail above, the Planning Commission recommended that the City Council certify the EIR with: specific modlificatiofic Staff concurs with the Pla nnkv Commission rrecomm on to certify $he 1W but would Oote that o:areful consideration should be given to the Cornmissions reconwOorAhAkm to modif# Mit pilon Moistures. WESTVDE POWIECT ANAJ.YSW 1) Annoallian. The Westside project area is located west of the current Lodi City limit, on the west side of exis g development alo Leer Sacramento Road, and is within San Joaquin County. As part of tete proposOd project the spplica t intends to annex the 151 -acre project area into the City of Lodi. Lands must be within the City's Sphere of Influence (SOI) in order to be annexed. A Sphere of Influence is a plailnirlg tool adopted arta used by LAFCO to designate the future boundary and service area for a City. Thea Westside project a0aa is within the City of Lodi Sphere of Influence (adopted by LAFCO on August 24, 2004). The General Plan designates the project area as PR and the proposed development is consistent with the PR designation of the General Plan, which encourages a variety of housing densities (at an average density of less than 7 dwelling units per gross acre) and public uses within a cohesive development plan. The General Plan anticipated development of the areas designated PR within the lifetime of the current plan (by 2007). The aro#s to be annexed ares within the SOI, consistent with the General Plain designations, and would provide -or contiguous urbanPgrowth, and a logical extension of public services; therefore, off recorn0enak the Cid► Cou4cil request LAFCO annexation approval of the Wlestside project area. C:1DocunWts and SeCngslrhatch\Locel Settings\Temporary Intemet Fiaes\OLK8813-21 Westside report.doc 10 2) Pref. Properties must have a City zoning code desgnation prior to annexation. Upon annexal on, the proposed COof Lodi designation of Planned Developmient would supersede the County designslliorts, and development will be subject to the development standards and regulations of the City. The W46tside project induc* a request for a pre -zoning designation to change the zone from the County.Zone of AU -20, Agrickture Urban Reserve with a minimum lot size of 20 acres, to a City zone of Planner Development (PD), with underlying uses as indicated on the Westside Land Use Plan (see page 3). In accodanoe wroth ate lavA zoning designations must be consistent with General Plan designations. The prdoosed PD Zone would be consistent with the existing General Plan designation of PR (Planned Reside ial) because the pr*sed density of 6 units per gross acre is within the PR density maximum of 7 dwelrg units per gross acre. The applicant has submitted a Land Use Plan depicting the proposed layout of land uses within the project Oreat. Firml developrr t plans will be subject to review by the Planning Commission prior to approvil of any tentalive subdivision maps, thereby allowing the Planning Commission to review final design detait (architecture, setbacks, building height, landscaping, fencing, etc.) for each phase of the development. Resideeial uses would be this primary land use within the Westside development pian. The different densitift of residential uses Jvouid be interspersed throughout the project, and the applicant intends to develop.. several different lot Sizes and housing types throughout the project area. Again, final developtnent plans will be subject to review by the Planning Commission; however, the applicant has provided sample elevations lbr each housing type and the following housing descriptions to provide context to the intent of the conceptual development plan. Low Density. The ap#icant proposes development of 495 low density residential units within the Westside plain area. Lpw density is defined in the General Plan as 0.1 to 7 dwelling units per gross acre. The low -density -housing would be detached single-family units. The majority of lots for these omits would be 5,500 to 8,000 square feet. However, there would be some large lots of up to 9,Ot70 square feet. The units would be a mix of one and two stories and would range from 2,000 to 3,000 square feet and include a two -car garage. NedAum Dens0y. The applicant proposes development of 70 medium density residential units within the Westside plan area. Medium density is defined in the General Plan as 7.1 to 20 dwalling units per gross acre. The medium density housing units would be detached single family homes designed for two residential lot types. The first lot type is designed at approximately 3,825 square feet with dimensions �f 45 x 85 feet. On this type of lot, residential units would range from approximately 1,500 to 2,200 square feet with two -car garages. The second lot type is a cluster of four lots accessed by a common stub alley condition. This second lot type results in each lot size of approximately 3,300 square feet. The residential units would range from 1,300 to 1,800 square feet. Each unit would include a two -car garage. High Density. Thea ant proposes development of 180 high density residential units within the Westside plan area.�h density is defined in the General Plan as 20.1 to 30 dwelling units per gross acre. The high density units would consist of townhome unks that would range from approximately 1,100 to 1,700 square feet with two -car garages under each unit_ The attached townhome units are grouped in segments of five to seven in each building. The apicant has also provided conceptual landscaping plans for the streets and pedestrian trails within the Weside plan area. Final street widths and landscaping plans will be subject to review and approval by the public Works and Fire Departments to Insure that: a) streets are wide e�gh to serve as a utility corridor; p) sbaet widths and n are accessible for emergency vehicles; CADocumihts &M SWn9slrWtch%La SetthV\Tomporary irtemet F11WOLK8813-21 Weahide report.doc 11 ) limping does Oot interkre with underground utilities, I0) tie room isvivided #or any above -Wound us es; ) are not to to ilthibit a - hborhoad laO algid social interaction across the street slut width is not im wide as to promo speeding. The Coonai should note that) since the Commission meeting, staff has added the following Condition of Aplpro to the Prezening Ordinance: As part of Mitiioation I"easure LU -2 of the Lodi Annexations EIR (EIR-05-41) the developer has the option to comply h the San Joaquin County Agricultural Ntigation program or preserve 151 acres of agricultural i#nd in perpetuity to mitigate significant impacts associated with conversion of the 151 acres of Prir* Farmland within the Westside project. If the developer proceeds with the rnitition to preservo land within an agricultural easement, and the City of the Lodi becomes party to said easemesit, the developer shall pay the City a one-time administration fee of five thousand dollars. Sail fee shall be paid prior to the approval of a quarter of the building permits within the Westside and Southwest Gateway projects (as per the timing of Mitigation Measure LU - 2). The pr secs PD zone woU# allow for the development of 745 new residential units, development of neighbi#hocWcommunity pa#K a school and related infrastructure as per the Westside development plan. TIS Westside project veld provide a unique and well designed neighborhood that world promote the Get*ral Plan goats ofpg mding a mixture of housing types. For these reasons, staff recomrnereds approvil of Ore proposed zoning to Planned Development with Via implesntatioer of the Westside llend use plan, arO subsequent final de ve:loprnent plans to be reviewed and approved by the Planing Commission a)nd City Council, 3) Oev*Waft Ag" mer4 A Development Agreement (DA) is a private party agreement betwisen an applicall and the City that, if Opproved by the City Council, becomes an ordinance of the City. City 9ta* has nelWialed a draft DsveNWent Agreement with the project applicant (the draft DA is included herein as an aft6wnent to the draft DA Ordinance). Pursuant to the Draft DA, FCB has agreed to provide certain Oen&MS to the City in exchange for a vested right to proceed with the development consistent with the development approvals. the term of the Development Agreement is 15 years. The vested right the developetr mains is the ability to proceed with the development as approved and to avoid the imposition of new mgulations on the subsequent discretionary approvals (i.e., vesting tentative maps) for the development. Lastly, the DA allows the City to obtain certain benefits that may not have been able to secure through the general erhtitlement process. A sumrsery of the obhgation and benefits included in the draft Development Agreement is provided below. CADOCWWAB awSN&g+ VWh Tv*iporery Intemet FfWVXX8813-21 wmftkle mport.dx 12 DovskNownt Agll elleent Project Obi for FCB ►111r"talde Proeot CADocumOts and SaWnpIfttehlocai settinps Temporary Intemet File OLKOW-21 Westside report.doc 13 Rehabli4ats or pay the costaup to a total of $1,250,000 for re4ililefing 25 single-f*ily or multi -family $1,250,00 residerfal tMft within a sp2oed arae within the City. Pay $295,MO for use by the, ity for economic $226,000 develo neat aabons includ' fob creation, promoting retail s0es for wine indu*ry tourism all as dete d the C&. Mein# na a of specillied p c improvements, Developer to provide the maintenance or parr includir j perK median strip #nd other landscaping for the maintenance costs for two years after mainte*nce and repair cosh on dedicated lands for a acceptance by City period 11 taro rs. Pay $2#00,000 to the City * use to acquire additional $2,600,000 facilitie equipment and ap*atus for the Lodi Fire D art In staNsfDrief public art with the project with a value $150,000 equal %$1 subjedt to apMval by the City. Pay ,000 as an #ndowmont for the $300,000 maintel nes and opeerations ost of Hutchins Street S ar commr ity Fatuities Districtrommied to provide funding $600 per single family attached or detached for payfent of police, fire, library, recreation, flood residential unit per year and $175 per muRi- control Jorvices and uric tsdlifies. famUy rental unit Im year Dedic . park land, design aM complete construction Full cost paid by Devebper of all th# paw improvoments FIs desalted and set forth in the Mied awrovals. offer t , 5 -acre c Cenitr- $200,000 per acre All devo0oprnent appmved part of the project will be Payment of development impact flees and subject)o o uniformly applied ihcreases in existing impact water fees fee ancdo iRP9129 now fe4 as described herein. Payor o e development for a proportionate share Cost of interchange funded, in part, by of the cOst of the Highway 99 overpass at Harney Lane. payment from Developer — Amount based on proportionate share of demand for interchange Compliance with the San Joaquin County Agricultural Preservation of 151 acres of Prime Farmland Land Mogation program pursuant to the ordinance and/or JpMton to ado by the Ci . Paym of MeWic Capital ftrovement Mitigation fee Fees available for electric capital facilities pursuarA to the ordinance and/or resolution to be based on ordinance adopted by City adoptetkbLthe City. Paymeit of development fewfor proportionate share of Cost of improvements funded, in part, by the cow of designing and constructing a water payment from Developer — Amount based on treatment system and/or perdolation system for proportionate share of need created by the treatmelt of wafer acquired *om Woodbridge Irrigation proposed development District pursuant to the ordinance anior resolution to be agWte4-by time City. P me o Exit Fees. Devel r pffs full amount to PG&E Install n of Wteter Well on VRsiside Pr ' ct site. Ensure ronate water supply for project Provide"tp to a maximum of $50,000 to partially fund $50,000 the Cit f Lotti LecXded W r Master Plan St CADocumOts and SaWnpIfttehlocai settinps Temporary Intemet File OLKOW-21 Westside report.doc 13 In exch rgei+for gne:se enhanoerments and for satisfying all of the conditions of approval and mitigation measuro alle x4sted with th* development project, the developer is obtaining a crested rigM to build up to 745 r idantW units over 'S years. Additionally, the Development Agreement allows flexibility in complyiiNg with the density percentages of the General Plan, defers detalled review of project architecture and dean until development plans arra submitted, and provides specific details on phasing and imolemeotation. SubsegVent to the Developrront Agreement (DA) negotiations between the City and FCB Homes, Citizen : or Open Govlernme4t (COG) have entered into an agreement to amend the DA between the City and ., -.FCB. The purpose of the COG agreement is to insure certain development measures are imposed. and to add clerifican to the DA negotiated by the City and Developer. As shown in Exhibit L of the drafWA, this amendment to the DA would become part of the Westside Development Agreement if the Council acts to adopt said agreement. A summary of the terms and clarifications of the COG agreement are shown in the ale below. Teirn*--ohm—'to Wotside QA per Agreement with CWw*ns for Open Ga vernamM �Tqk x m, All storM dWn basim facilitba, contrdts interior to Full cost paid by Developer project.. City or other qualified entity. Developer steal design, engineer and construct the Provide necessary infrastructure and improve following improvements or pay the City the Harney Lane and Highway 12 to meet City appMprlate flee for thein overno ts: standards 1, Oropotionate share_ the surface water Agricultural Mitigation Program. taromission gain a storage tank; • At a minimum, the easements shall be recorded on a 1:1 ratio for 2. All 'rl , seirl�Iiler, apo drain, recycled water a total of approximately 152 acres. #pas sail reladed in ructure in all streets . If the easement is located in the Primary Zone of the San *thin the projW ar ; Joaquin Delta, the ratio shall increase to 2:1 I " c1t Lodi Av west of Lower . Developer shall comply with provisions of the County if they so to lead to westem project chose to exclude certain lands from being used within easements. 4. ct the Tok AvenualLower • Easements may only apply to land not currently protected by #oto Road in to accommodate other perpetual open space easements deter stilet sections; ond • The cost of obtaini the easement shall rest vAth the developer. r. 5. day fair thane#or tra* meigaillfon measures in R OW are not proi4b w1hin the Streets arid P r - In exch rgei+for gne:se enhanoerments and for satisfying all of the conditions of approval and mitigation measuro alle x4sted with th* development project, the developer is obtaining a crested rigM to build up to 745 r idantW units over 'S years. Additionally, the Development Agreement allows flexibility in complyiiNg with the density percentages of the General Plan, defers detalled review of project architecture and dean until development plans arra submitted, and provides specific details on phasing and imolemeotation. SubsegVent to the Developrront Agreement (DA) negotiations between the City and FCB Homes, Citizen : or Open Govlernme4t (COG) have entered into an agreement to amend the DA between the City and ., -.FCB. The purpose of the COG agreement is to insure certain development measures are imposed. and to add clerifican to the DA negotiated by the City and Developer. As shown in Exhibit L of the drafWA, this amendment to the DA would become part of the Westside Development Agreement if the Council acts to adopt said agreement. A summary of the terms and clarifications of the COG agreement are shown in the ale below. Teirn*--ohm—'to Wotside QA per Agreement with CWw*ns for Open Ga vernamM �Tqk , g on A ricuittgal Land Conversion •Developer shall obtain permanent easements to be held by the City or other qualified entity. • Easements shall limit the use of property to agricultural uses and related activities per the agricultural zoning laws of the County. . Easements provided shall adhere to the adopted San Joaquin Agricultural Mitigation Program. • At a minimum, the easements shall be recorded on a 1:1 ratio for a total of approximately 152 acres. . If the easement is located in the Primary Zone of the San Joaquin Delta, the ratio shall increase to 2:1 . Developer shall comply with provisions of the County if they so chose to exclude certain lands from being used within easements. • Easements may only apply to land not currently protected by other perpetual open space easements • The cost of obtaini the easement shall rest vAth the developer. r. CADocume* and Seftg$VhatchlLocaf$ettirg$lTemporary Intemet ReSkOLK8813-21 Westside report.doc 14 CA aid SWng*VW04.ocJSeftMpW4npofery Intemet FiwalpLK M-21 Weaftide report.doc it Agriculorat L.arell Coriversiod . The devek3per shall pay an administration fee to cover costs of Continued administering, monitoring, and enforcing the conservation easement in the amount determined by the entity that will hold the easement . The easements shall be recorded in the applicable ratios within any phased development of the project prior to the issuance of the first residential building permit within said phase. . The COG shall be notified of which lands will be preserved under the easements required under this agreement. If the COG and the City agree, the ratio of preservation (outside of the Delta Primary Zone) may be reduced if the lands to be preserved are of greater mitigation value. Home Wilding Energy and . Developer shall become a California Green Builder prior to Conservation Features construction of homes in the project. Green Builder program requires that all homes are at least 15% more energy efficient than currently mandated by Title 24. e Homes within the project shall contain a variety of alternative energy features (e.g., high efficient insulation, high performance windows, etc.) . Green Builder status requires the Developer to implement water conservation features that save 20,000 gallons per home per year. . Developer shall make available solar power features and electric car charging stations that home owners may elect to purchase. . At least 50% of the site construction waste shall be recycled or otherwise diverted from landfill disposal. . Project shall utilize only EPA approve fire places, wood stoves or pellet stoves when fireplaces are installed. . Developer will encourage landscape maintenance companies working within the project to use electric -powered equipment. . Developer shall plant shade trees where appropriate throughout the project. • Developer agrees to comply with the CA Green Builder program for h' h density land uses. New Urbanism Meighborh000lll . Developer shall maintain and promote the current project Design features that implement new urbanism features including: interconnected, walk -able parks and neighborhoods, bicycle friendly design, and well integrated and highly visible open space areas. • Developer is also committed to providing a visually interesting and well modulated range of housing types constructed of high quality materials. Pedestn Transit and Bicycle . Developer will provide pedestrian enhancing infrastructure Infrastructure (sidewalks, pathways, street trees, street lighting and signalization, etc.) . Developer will provide bicycle -enhancing infrastructure interconnected bike pathways and secure bike arks Lodi Eastside . As part of the DA, the developer is obligated to restoring homes on the Eastside of Lodi. If the units that are selected for rehabilitation or replacement are currently at affordable rents for persons or families, the units shall remain affordable to persons of low income. CA aid SWng*VW04.ocJSeftMpW4npofery Intemet FiwalpLK M-21 Weaftide report.doc it Water Sipply . Adkhtional enftlements for develolPment shall not be granted for any dwellings within the project after total water use exceeds the projected safe groundwater yield of the project area until additional water sources are available. Land Use Conflicts . Developer shall strive to phase development in a manner that will reduce land use conflicts with lands currently in agricultural use to the west. . To the extent feasible, deve opment shall occur from east to west. The applicant hiss submitteden application for 180 high density ung, 70 medium density, and 495 low density-,rowth r# tanagement4llocatiot, units for the Westside project. To date, there are 3,268 total allocatipns available: 1,272 High density, 278 medium density and 1,266 low density allocations (this includes the reserve allocatidn — units not previously granted). The table below shows a history of growth management aliocation units including reserve allocations units recently granted to the Reynolds Ranch and SW Gateway projects. G Vii* Agoq ion History s There We trim high density atloc�ns granted over the past 15 years; however try hire e*red or were w' n prior to issuance of building permits. AlIoca ns Asemptiolas *w"h 3113 P�+o- Avis I AIleca A ! 4th At►alla6M Amens �d Ot M household stilt 3ahedul . f"M Is s 20" GranOd from 19W2005 Reserve Urfa Granted to Reyna Ranch (Awwt 2M Reserve Units Granted too SW GOMMY NovarnbeE Total AvailaW Low 0*7 4,903 2,893 150 300 1,560 Medium 7.1-20 754 431 0 0 323 High 1-30 1,885 0° 200 300 1,385 TOTA ` vaMble 7,542. 3324 360 600 3,268 s There We trim high density atloc�ns granted over the past 15 years; however try hire e*red or were w' n prior to issuance of building permits. AlIoca ns Asemptiolas *w"h 3113 a H=Hig Density, fill=Medium Der$Oty and L=Low Density CADocurr its sad SaliinQsVWChilaC*' seilitP\TWnporary Internet FOWOuc860-21 Westside report.doc to P�+o- Avis I AIleca A ! 4th �d Ot M household a - 4 per _.._ 7 2006 2065 2016 2011 2012 261i! 361 2Q1ti Low Denoty 1 �569 300 306 313 319 325 332 336 345 352 Medium n*ty 323 46 47 48 49 50 51 52 53 54 High Der*ty 1,386 116 118 120 122 125 127 130 133 135 Tout 3,2 462 471 461 1 490 1 500 1 510 1 520 1 531 1 541 AllocatlOn per project in accordance with Development Agreements ° Reynolds Ranch -- 73L 73L 73L 73L 73L 73L 73L 73L _ SW Gateway _ 59L 59L 59L 59L 59L 59L 58L 58L - 75M 29M 28M 28M Westside -- 215L 70M 40L 180H 40L 40L 40L 40L 40L 40L Total G ias Per CA -- 422 231 380 200 172 172 171 171 40 AllocafiOns Remahming Refnainit* Annual Allocartiollib -- 256 240 101 290 328 338 349 360 501 Toftl ANWalione R .., d 3,200 3,308 3,348 3,649 3,839 4,267 4,606 4,954 5,314 5,815 a H=Hig Density, fill=Medium Der$Oty and L=Low Density CADocurr its sad SaliinQsVWChilaC*' seilitP\TWnporary Internet FOWOuc860-21 Westside report.doc to b RemaWng annual alkx*ion is 00 annual Wkx* ion assumption minus the allocations granted in the Development Agreeents. Allocaltnsfor the Wes Projedl in 2007 (215) would be granted from the unused reserve alloca*ms (3,268). Allocns � Reynokis RVich and SAN Gateway DAs are shown as a reduction from the annual alloca5ons. As a result, the ren inky allocation is the 2W7 year allocation (462) minus the Reynolds Ranch DA allocation (73) and the SW Gateway DA allal',;ation (134). Total 4111locaeons remaining is the Pre -2007 available allocations (reserve) plus the remaining annual allocations. Sources: Reynolds Ranch Development Agreement, SW Gateway Development Agreement and the Draft Development Agreema* for the Westside Projed. Because the development steges allocations over nine years (2007 to 2015), thereby allowing ample ailocatiOns for otter projects.and because the development agreement secure concessions from the applicag that would be of gnat benefit to the City, staff recon mends that the City Council adopt this Westside deweWprront agrl}ament. 4) Arn"divilmt to tho Wes4ide Faclillities Masher Plan. The Westside Facilities Master Plan (WFMP) was aporoved by the City Council on February 21, 2001. As stated in the City Council resolution of approvol (2001-47), "The Wdkside Facilities Master Plan is intended to identify and plan for neighb*hood and communit+V parks, circulation and storm drainage improvements necessary to support 375 acres of existing and pl*ned growth. The Plan serves as the basis for formulating and implementing capital improvement plans for public facilities within the plan area to meet the needs of growth projected by the City's General Plan. The Plan considered both existing and project growth in the plan area, as well as outside the plan area." The WFMP includes a land use and circulation plan (Figure 3, Shown on page 9 of the WFMP) that designates land within the plan area for specific land uses. As shown on the concept land use plan, the WFMP intended for a greenbelt corridor along the western edge of the land use plan. The WFMP states that the greenbelt was intended to be 200 to 300 feet in width to act as an "urban - agriculture interface" and that its benefits should be maximized by integrating storm management facilities, ecological balance and blo-diversity. Along with the land use plan, the WFMP also includes standards for street design and park and recreation uses. The Weatside project incorporates the land uses within the WFMP including the momentary school site, aquatic ter4er site, noighborlkood park adjacent to the aquatic center site, and residential uses in accordaihce with the PR land, use designation. However, the Westside plan does not include the 200 to 300 fool~ greenbelt corridor ore the western edge; therefore an amendment to the WFMP is required. The applicarfi's justification for thit amendment is attached to this report. The WF%AP intended for the eenbek corridor to be a dual use public area with parks and storm managotent facilities. After 6pprovai of the WFMP, the City commissioned a study to determine the viability+ f the greertbelt buff* to act as the storm water maintenance facility for the development of uses within the VVFMP. Said study, (completed by Nolte Associates) determined that the WFMP concept of an open space corridor along the westerly edge to be used for storm water management would require excavation of 9 feet for approximately 70 percent of the corridor, if it was to be 250 feet wide, and 6 to 1 slopes on each side of the candor resulting in approximately 102 feet of width at the bottom of a 250 -foot corridor. The study further concluded that active uses, such as ball fields, would be constrained and this deign would only allow for passive uses, such as picnic areas and pedestrian walkways. City staff had some concerns regarding whether the linear storm drainage system would best serve the City's semewttatt evolving objbctives. Some of the issues discussed amongst staff included the need for more active recreation uses (e.g., ball fields) and the possibility that City growth may continue west under the next'General Plan. When working with City staff during the early development of FCB's Westside Plan, FCB considered pursuitig a development that was more consistent with the concept of the WFMP land use plan. However, basad on input from the former Community Development Director and Parks and Recreation Department staff, and FCB's objectives for development, FCB decided to pursue alternatives to the plan included in the WFMP. One alternative included a series of lakes throughout the development and the other a more traditional basinipark plan with a linear trail/park system throughout CADocunmWs sand seWngslrhatchlLocW SettingsITemporary Internet Files10LK8813-21 Westside report.doc 17 the cerr of the project. Staff was generally supportive of both aftematives, but had concerns about the lakes p6n due to the growin j conoems over water supply. FCB's fifes plan propoas a 50 -foot wide (at minimum) open space spine within the center of the project ires. The open spat# spm v uld include a meandering 10 -foot, 6 -inch wide pedestrian trail that would 1lc WKIlestriana and ctists to neighborhoods, schools and parks with the project. Drainage facilitiet for the Westside pl* would be accommodated by dual use detrantion basins and parks, a common prsaictioe within the pity. The WFMP also intended for the greenbe#t area to act as an open space buffer between agricuture and urban uses. Per the Mitigation Measures of the EIR prepared for this project (Mitigation Me:asvre LU -1), the Westside plan would accommodate a buffer between the proposed residential uses and existing agricultural uses by installing a landscape open space buffer area, fences, andlor walls along the western edge of the project site to minimize conflicts between future residers of the Westside project area and adjacent agricultural use. This design criterion is required as a Mitigation Measure of the EIR for this project (Mitigation Measure LU -1). Of note, the City Council has directed staff to consider extending the City's planning areas to the west beyond the area of the WFMP as part of the General Plan update process, which would negate the need for a permanent urban/agricultural interface in this location, moving it further to the west as determined by the updated General Plan. Staff believes that the proposed Westside land use plat~ would meet the intent of the WFMP by: a) ProvWing a continuous, adtive open space feature through the project, which could connect to future projeWs to the south; b) Proving storm drainage utilities to manage the drainap within the project area; c) inclugingthe round=about `eet design feature on Lodi Avenue; d) Incluiing an upland park athat could be utilized for an aquatic center and adjacent neighborhood park; e) Providing an elementary sphool site; and f) Prov*rq for developmentof msidontial uses in accordance with the PR land use designations. In summary, the proposed amendment allows for more active recreational uses than envisioned by the WFMP Ond a central trail spm that provides a bicycle and pedestrian link to schools, parks and neighbA hoods within the pr*ct area. The pr saki amendment e4sentially moves the pedestrian linkages envisioned within the buffer of the WFMP a ceraal logation4 Rhin the project area to provide a desirable open solace amenity within theo project area. TheWn, sito recoenrhends approval of thr rope at to amend the Wes0*11e FaclftWi I W@W Plan Con*Wual Land Use and CircullaPtlon Pion to reftect fte band uses within the We*sWoe plain. 5) Olke lim Amend anent. The Bicycle Transportation Master Plan includes Class I bike paths alone the westerr6edge of the project. the Mastter Plan also includes Class Il bike paths on Lodi Avenue Lane, and a Class N or III bice path on lj'me Street. The Westside project includes bike paths, speciflically within the north/south trail, but this location does not conform to the location shown in the Master Plan. An amendment to the Bicycle Mister Plan is required. Staff believes this amendment is consistent with the purposes of the Master Plan end would only be necessary to relocate the Class I bike path currently shown along the western edge to the central location proposed within the north/south pedestrian trail in the We*side plan. However, the north/south trail does not extend north of Sargent Road; therefore, a bike path connection between the WID canal and Sargent Road would have to be accommodated on a local street within the proposed development. The applicant intends to provide the remaining bike paths as per the Master Plan. Staff recommends approval of the request by Tom Doucette, FCB, to amend the Bicycle Transpartatlon Master Plan. C:li?ocum4*-s aid SAWpVWcKo 3ettinpkTWnponry Intemet Fila XXI(OW-21 VMesiide reportdoc 1s Plamni Con"li"n Pr oet 11Mv�w. The Planning Commission considered approval of the WeStsl de project nww*m on Qct r 11, 2006 and October 25, 2006. Several concerns and questions were raised Int the Ccenmiarsion aid the public at the October 11, 2006 Commission meeting including: + Concern regardi+ , the applicant initiating a request for an amendment to the Westside Facilities Master Plan. Desire to include le minimum 100 -foot landscape buffer along the western edge of the Wes*ide project. + Conoems related to the process and level of review of subsequent project approvals. Followilo the Commission'sIon to recommend the certification of the EIR, a motion to recommend approv of the Westside Prl�t was defeated on a 2:5 vote (2 in favor, 5 against). The Commission dill not corOider any afterriative **tions, but indicated that the defeated motion represented their recomn endaticm to deny the&project. Modiflc ions discussed by the Commission included: requiring a minimum of a 100 -foot wide buffer along tl wrastern edg : del g the Development Agreemerd until after the Prexoning was in place and d Develo nent Plans were slr , ted, requiring workshops with Commission before finalizing development plans, requiring a green buil(Ong measures plan, and allowing design review to be conducted by the Commiion instead of the Ske Plan and Architectural Committee (SPARC). REC0#4W8NMTl0N As demlsIrated within this (sport, staff recommends that the City Council take the following actions in this pal ukkr order, to imple ent the Westside Project: 1. Certify the Elft as adequate CEQA analysis of the Westside Project . Approve Anne on of 151 acres from San Joaquin County I Adapt the PD IZorting Designation, as conditioned, to implement to Westside Development Pect 4. Adapt the Wes*e Project Development Agr ent 5. Approve the A dment to the Conceptual Land Use /Circulation Plan of the Westside Fadities Master Plan Approve the An* ndment to the Bicycle Master Plan FollowicwWo=tion of the Dodi Annexations EIR as adequate CEQA analysis for the Westside P r*c t the Co it may: • $rant pra W alpprova4 for the Westside Prc�eect. env pn*ot approval for the Westwis Pr * -d. •dDritmothe Om to a future City Council Meeting. CA a[ SoWnp" cKoc ttJrWXTMpor*y In temetfiWSXO KBilt3-21 VW$Me rill OADC 10 HJL ICAW The WHI bei reWi vis i W of the WpdWd* ;peWlopnent AgVem9t, to partici a I t al Cmrounky I tr#ct (CFID) for the pmjW. ftr pa#ion in thus CFD is anki d to offs ptc ar�trvicr>ls cos as>litcisd with the development. No negative fiscal impact antiaiei as a r ft of the proposed plo1 • FUNEG: None 4 MWRH*c Attachme*: At'; Ju Wca#on Or Amendment to the Con� Land U*/Circukdbn Plan of do VYesibide facilities Mrd Plan i 'aA n — Mmn*n to V im Faa�iee Master Plan i oa — � to �pde?ranoortatlnn Mader Plan blhe-Zani I jlon - Innecati A We- ftv Agreamsat C: aid ld o SOMPllOmomy In MrrW FftMOLt -Z9 V%*Wk% *ortdoc • I$ 0 ECB HOMES Westside Development Plan Design Memorandum Introduction The purpose of this memorandum is to describe design features in the Westside Development (WDP) as compared to the Westside Facilities Master Plan (WFMP). We will also discuss how and why the WDP parklbasin system was developed. The design of parks and parklbasins system took place over several years and involved City staff, independent consultants, LSA and representatives from FCB Homes. We believe the efforts of all the parties involved have resulted in an improved community plan for the following reasons. • Pedestrian circulation is strongly encouraged and facilitated by locating the trail system in the middle of the community. The pedestrian trail is a central pedestrian spine that links all the parks and park basins from Harney Lane to the neighborhood north of Lodi Avenue. The pedestrian trail is conveniently located within a few blocks of all future residents in the community. In addition, the trail is a conduit to the schools, churches and shopping centers that serve the area. The proximity of the trail to residents and public destinations are critical design elements in walkable communities. The convenience and accessibility of the pedestrian trail will also encourage its use to access parks other destinations outside the Westside area. The park and trail system is distributed throughout the community. Neighborhood parks are designed on an appropriate scale that balances both active and pa5s1ve uses. • Safety and security is enhanced by having homes built around the parks and trails. Having "eyes on the park" promotes a public atmosphere where local people can monitor activity in the park all times. • The parks and trail system can be easily phased as the community is built out over time. This insures the facilities will be built timely rather than having to accumulate impact fees from larger scale development before providing one large park. a 10100 TRINITY PARKWAY SUITE 620 STOCKTON. CALIFORNIA 95219 209-957-9112 FAx 209-957-3618 www. FCSHcMEs.c0m + The size and shape of the parklbasins provide efficient storage of storm water. • The objective of the Housing Element is to promote homeownership and higher average density by mixing high, medium and low densities within a community plan. The WDP is consistent with that objective by providing compact lot desi6m. s in the plan. Placing public open space areas within the community help offset the loss of private open space from more compact residential lot designs. • Maintenance for the park and trail system will be a financial obligation for the new residents based on policies and practices of the City of Lodi that have been adopted in the last few years. The fact that the parks and trails are convenient, safe, efficient, useable, and close to the residents will be important to justify the on-going maintenance obligation for new residents_ • The parklbasins feature wide areas that provide excellent joint use opportunities for both active playing fields and passive recreational activities. • The concept of a large central park open space zone in the middle of the plan area, introduced in the WFMP, is retained in this WDP. Westside Development Plan (WDP) Design Features ItThe WISP and the WFMP have many common design features and facilities. These common features include: • Major circulation (streets). • Size and location of roundabout in Lodi Avenue, • Size and location of elementary school site. • Size and location of a potential future swim center. • Location of residential land uses. + Pedestrian trail system (alternative location). • Large central park and open space feature. The design element that changed was the open space corridor on the western edge of the project. This corridor was part of conceptual design that was intended to provide storage for storm water and a pedestrian trail. The conceptual design included a series of shallow lagoons that would potentially function as a detention facility for storm water. However, no technical studies were conducted to evaluate the feasibility of this storage design as part of the WFMP planning effort. Subsequent to the adoption of the WFMP, the City hired an engineering firm, Nolte and Associates Inc., to study the drainage requirements of the region as a component of the overall master storm drain plans. One of the major criteria for the Nolte study was the requirement to store a 104 year storm event for 48 hours. This criteria was driven by the design of the City's master storm drain system. Other parklbasins downstream in the system have to be evacuated first to create room in the system to evacuate the Westside. Accordingly, the storage requirement in the Westside is much higher than other areas of the City. Nolte's report concluded that the anticipated use of shallow lagoons for storage did not provide adequate control of upstream storm water. Nolte's report stated active control measures were necessary to hold the storage in the upper portions of the drainage shed until the lower portions could be discharged. These control measures would need coordinated operation to evacuate the storage systems in concert and completely before the next anticipated storm event. Nolte identified three potential alternative storage systems to replace the WFMP design. All three alternatives were very different from the lagoon concept in the WFMP and are summarized below: 1) One single storage facility at the bottom of the system 2) Three separate storage basins along the corridor 3) A linear, virtually continuous, storage system stretching along the entire length of the Westside corridor. The Nolte's report stated the third alternative, a linear continuous storage basin was the "Preferred" alternative. This alternative was represented in the report as three long basins that used substantially all of the greenbelt corridor for drainage. These basins are not designed to hold water except for storm water runoff. As we began to study the drainage alternatives with staff in late 2002 and 2003, we it considered not only the Nolte alternatives but other storage concepts as well. We studied a 26 acre lake facility that could be used to manage storm water and provide irrigation for common area landscaping. We spent nearly a year working with staff to identify and explore infrastructure design challenges associated with the lake community concept. We simultaneously worked on a design that distributed the storrn waster storage requirements and the park area throughout the community connected by a central open space area and pedestrian trail. We also considered the original storm drain master plan that called for one large parklbasin in the Westside. We concluded the advantages of a more traditional series of parks and parklbasins connected by a pedestrian trial through The middle Jthe project supported promoting this design 29 the preferred alternative. The rectangular parklbasin with wide bottom areas is a superior design to store large quantities of water. Narrow linear basins are inefficient because so much area is used in creating the side slopes that there is a relatively modest area left for efficient storage. The traditional basins also provide a greater opportunity for active playing fields for much of the year. The WDP distributed parks and parklbasins throughout the Westside totaling approximately 26 acres of joint use facilities and 12 acres of upland park versus 14 acres of upland park in one location in the WFMP. It should be noted that the decision making process included City staff consultants and FCB Homes. All parties recognized the conflict with the WFMP. However, both the infrastructure realities and changing planning circumstances had to be considered. We have previously discussed the technical aspects of storm water, but also by the Spring of 2005 the City was looking beyond the boundary of zhe Westside planning area. The Planning Department was contemplating a new general plan process that involved looking further to the west of the WFMP boundary. Planning was considering the opportunity in the new general plan process to create a continuous greenbelt area further to the west of the existing sphere of influence that would span the entire west edge of Lodi. Some thought was being given on how this new west edge may relate to the greenbelt concepts being considered for the southern edge of Lodi, in the Armstrong Road corridor. This perspective was not part of the dialogue in 2000 when the WFMP was formulated. Conclusion The WFMP document prepared in 2000 was a planning effort undertaken to identify and plan for infrastructure and community facilities in the region. Growth was starting to occur and Planning staff wanted to develop some guidance in the areas, in part, because there was a total of S7 different parcels in the Westside_ Staff wanted to look at issues that impacted the region versus a piecemeal approach. However, while planning staff included the public in the process, no technical studies were undertaken at the time to test the feasibility of the designs suggested in the WFMP. The General Plan was never amended for the WFMP. No master infrastructure plans or development impact fees were ever revised to implement the WFMP. In addition, planning and development circumstances changed in the years that followed the WFMP. For example, the WFMP did not address incorporating infrastructure for recycled or treated water because it was not considered an issue at that time. Also, Planning Staff has begun to look beyond the boundaries of the Westside for a continuous greenbelt that may span the future west edge of the City of Lodi. The WFMP effort was the beginning of a long process to fine tune infrastructure plans in the Westside area. A significant amount of technical study and analysis of design alternatives have been evaluated to produce an attractive, functional and financially feasible drainage and open space plan. We believe this further analysis of the storm water storage requirement, pedestrian circulation, park maintenance and usage, as well as the utility of the overall open space is enhanced with the current Westside Development Plan. It took time and careful consideration of many different alternatives to reach this conclusion. Accordingly, the entire process should be viewed as an integral part of creating a thoughtfully planned community. RESOLUTION NO. 2007-48 A RES UTION OF THE CITY COUNCIL OF THE CITY OF LODI CERTIFMITH€ FINAL LODI ANNEXATION ENVIRONMENTAL IMPACT REIPORT IR -0541), ADOPTING FINDINGS AND STATEMENT OF OVERRIDI CONI IDERATIONS, AND ADOPTING THE MITIGATION MONITO G ANS} REPORTING PROGRAM FOR THE WESTSIDE ANNEXATION PROJECT _—.— --- ___-----___---__� WH[EFFEAS, the City Council of the City of Lodi has heretofore held a duty noticed public nveli on March 21, 2007, as required by law, to consider the Final Environmental knpea Deport (EIR) IR -05-W ); and WHEREAS, #ce subject properties included in the evaluation are described as fblk*vs: WHEREAS, oin September 16, 2005, a Notice of Preparation was eira dOW noW*q tesponsible agencies and interested parties that an EIR would be prepared, indtaating the anvit,onrnental topics 1hat were anticipated to be addressed; and WHEREAS, a Draft EIR (File No. EIR-05-01) was prepared in compliance with the California En%4ronm*ftl Ouglity Act (CEQA) of 1970, as amended, and the Guidelines proved there under, -and WHEREAS, &No** of Availability for the Draft EIR was published in the Lodi News $erel and was posed at City Hall on April 17, 2006; and WHEREAS, a Notice of Availability and copies of the Draft EIR were sent to itespordAble Agencieb and the State Office of Planning & Research (State Clearinghouse) an April 17, 2006; an4 WHEREAS, 4 copy of the Draft EIR was kept on file for public review within the Community Develop ant Department at 221 West Pine Street, Lodi, CA, and the public lbraryy and posted oih the City's webs to for a 45 -day comment period commencing on April 17, 2006 and erOng on May 26, 2006; and WHEREAS, 1he City of Lodi Planning Commission received comments and %stimony on 1he Dr EIR from the following individuals on Ally 10, 2606, at 7:00 p.m. at the Came Forum, 5 West Pine Street, Lodi, CA: Rick Ger + Ct*irmm� Heinitz 0 Cainmis loup Kuehne Cotnnl� er {�iir►M Agan Commis er I N11 Cummins 1 E 1 �gT,lllll■a ri WHEREAS, oin September 16, 2005, a Notice of Preparation was eira dOW noW*q tesponsible agencies and interested parties that an EIR would be prepared, indtaating the anvit,onrnental topics 1hat were anticipated to be addressed; and WHEREAS, a Draft EIR (File No. EIR-05-01) was prepared in compliance with the California En%4ronm*ftl Ouglity Act (CEQA) of 1970, as amended, and the Guidelines proved there under, -and WHEREAS, &No** of Availability for the Draft EIR was published in the Lodi News $erel and was posed at City Hall on April 17, 2006; and WHEREAS, a Notice of Availability and copies of the Draft EIR were sent to itespordAble Agencieb and the State Office of Planning & Research (State Clearinghouse) an April 17, 2006; an4 WHEREAS, 4 copy of the Draft EIR was kept on file for public review within the Community Develop ant Department at 221 West Pine Street, Lodi, CA, and the public lbraryy and posted oih the City's webs to for a 45 -day comment period commencing on April 17, 2006 and erOng on May 26, 2006; and WHEREAS, 1he City of Lodi Planning Commission received comments and %stimony on 1he Dr EIR from the following individuals on Ally 10, 2606, at 7:00 p.m. at the Came Forum, 5 West Pine Street, Lodi, CA: Rick Ger + Ct*irmm� Heinitz 0 Cainmis loup Kuehne Cotnnl� er {�iir►M Agan Commis er I N11 Cummins WHEREAS, City regi nine comment le terra in response to the Nb5ce of Qompkftn frau the owing agencieslpersons: Department of .Calllornia Highway Patrol May 4, 2006 •: Department of Conservation May 24,k 2AD6 • Department of Transportation May 25 2006 • Pacific Ga# and Electric Company May 26, 2006 Public Woes Commission April 26, 2006 • San Joagr#n Country Public Works May 24, 2006 • Governorl Office of Planning and Research May 26, 2006 • San Joagt#n Valley Air Pollution Control District May 4, 2006 • Robert G. Wilson May 23, 2006 WHEREAS, a Response to Comments document was prepared In acoordmve with GEQA, which responds to comments received on the Draft EIR; and. WHEREAS, individual responses to the comments received on the Draft EIR were mailed to each c ing agency ten days prior to the Planning Gore on roco idatian forwy Council certification of the Final EIR; and WHEREAS, alMitigation Monitoring and Reporting Progrsm, pnperee in accordwe r ith CEQA, which lima ming on measures recommended in the EIR; Iderrefies n*gs&n. morforing requirements; idenftfies the party responses for carrying out the required actions and the approximate game for the oversight agency; and identifies the party ultimately responsible for ensuring that the mitigation measure is implemented, is included herein as Attachment B; and WHEREAS,,. the City of Lodi Planning Codon held pubic hearings on the rnconurwdetian to tRe City Council on the adequacy of the Ellik on October 11, 20M and October 25, 2906 and made the recommendations for the City CourrA to modify Mitipalon Measure LU -1, Impact Statement and Mitigation Measure LU -2, and Mitigation Measure Trans -2; and WHEREAS, City Council finds that the Planning CornnikWon recormwv*d changes In the MlitigWn Measure. are not all necessary to addrses profit impact; and WHEREAS, a0option of the Mitigation Monitoring and Reporting Program included herein as Attachment 3 effectively makes the mitigations part of he WesWde Project. NOW, THERIJFORE, BE IT FOUND, DETERM 4ED, AND RESOLVED that the City Council has rsviewed�and considered the information contained in the Final Lodi Annexation EIR and finds that with regards to the Westside Project: 1. The Final OR hasbeen completed in fiance with CEQA. The FRnal FIR w preserved to the City Council, the deci n-makit body of the lewd agency, and the# City Council reviewed and considered the information corftined in the final E#1 prior to recommending adoption to the City Council. I The Final EIR replesents the independent judgrnent of the City. 4. The Planning Co"ussion reovmmended change to modify to Mitigation Mens es LU -1 is not nec0esary t# address project impacts. W, THERI�IE, BE IT FURTHER FCS, f�I llD, ANP RE .1 D that, Ice d upon eV vvitl the Draft and Prnal Loch Annexatf Elis, std mpert, bIIt trds, a the pract life, the City Cwrcil of ft City of Lodi maces the CEQA (as dosariboff in Attachment A), adds a S ernont of Oveniftg ConskWations *ckWod4n AtlachmOd A), and hereby certifies Elft -0 -©1, all as they retge to the Westside *opad; and NOW, 'iHERIPORE, IE IT FURTHER FOUND, DIETERMWEDAND RESOLVED t the City Council of the City of Lodi hereby adopts the Mffigs ien Monitotinq and per" Program irr ded in Attachment B as it relates to the Westside project. Wreh 21, I Certo that RBsokwon No. 2007-48 v pmW and a0opt3ed by t City f tall of 1W City Lodi at a regular nwmft tmW on March 21, 200, by the WWvWng vete: AYES: C 1NC3L MEMBERS -- Hkdmodc, Katzakim, and Mayor Johnson NOES: C NOL IMEMISERS - MbWm ABSENT: C UNCfL 0EMBERS - Norte AI TAI N: C4VN0IL MEMBERS J4HL CRY 200748 ATTACEMdWM A sNVI L AdM►C!' CS ANi 3Y' OF HNM�y1#ON C1liQA ]"NDII S ANDSTATEMENT OF OVER=MqG CONSIEI I*TlOM t to 1SM atm I at the State CE GuWSites ISM crud Sesta 211181 of dw Prabl k Re mans Code 11he Final Envitonrner*l Impact Report (Final EIR) prepared by the City of LxA (City) for the 'Wesaele Project (prof ) consists of the Draft EIR azdi Annexation Environrontd Impact Repent, ril 2006) and'Respo*es to Counts Document (Lodi Annexation Environvental Impact Report l esponse to Comment* Document, July 2006). The Final EIR identifies significant envirmi nertal impacts that will result from implementation of the project. However, the City fads that the inclusion of certain mitigation n*asures as part of project approval will reduce the majority of potentially significant impacts to lass -than -significant levels. The impacts which are not reduced to less -than - significant levels are i#entified and overridden due to specific considerations that are described glow. As rewired by CEQA,, the City, in adopting these CEQA Findings and Statement of Overriding EDnskkmWons, also ad its a Mitigation Monitoring and Reporting Program for the project. The City ds that the Mitigat" Monitoring and Reporting Prograrn, which is incorporakd by reference and made a part of these finings included as Attachment A, meets the requirements of Public Resources Code Section 21081.6 Oy providing for the implementation and monitoring of measures iced to mitigate potentially sigpificant effects of the project. In accordance with CSQA and the CEQA GW idelines, the City adds these findings as part of the certification of the Final EIR for the projects. Pursuant to Public Resources Code Section 21082.1(c)(3); the City also finds that the Penal EIR rteflects the City's indepndent judgment as the lead agency for the project. AOC ATES, INC. ,Rfw71 CEQA FINDINGS AND STATZIMENT OF OVCRIM01" CONI RATIONIC. LOW ANNA ATIONEIR' ................................................................................................ 1 S MOM 2: TIV LODI ANNEXATION AREAS................................................................... 2 SECTIONS 3:I'Envow TO BE �� ATI� T4 LESS N- SA WI�'AIT LEVMS.................................................................................. 3 SEC, TION 4: SI AtT Hw$m THAT RAY NoT BE 1VImaATEI3 TO A L -THAN SIGNIFICANT LEVEL .......................... ............... .. ..... 17 SECTION 5: EF CTS DVWM TO BE LESS THAN SIGNIFEANT OR NSIGNI CANT............................................................................................23 SECTION & S+11FICANT CUMULATIVE EFFECTS....................................................... 23 SECTIONT FE"IBILM OF M CT AL.TIMNATIVES.............................................. 25 SEG' " IONi=B: ST TE11+ ENT OF OHO CO TIONS .................................. 29 Fralw AP;&MM) i LUASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIWINS CONSIHa#¢TIONS RCF 2957 LODI ANNEXA'OION aiR 1: 1AUCI" *Ction 1 31 of the C1 4 Gmuidines states that: (a) No public a#ey shell approve or carry out a project for wine* an EIR #mss. been cerlfied which i tifies one or more sigm*ant environmenW effects of the projAct unless the ,public age" makes one or more written findings for each of these sipifecant effects, accred by # brief explanation of the rationale for each, finding. Tie possible findings are: (1) Changes of alteratiotns have been required in, or incorporated inft, the project which avoid or s stantiaW lessen the significant environmental effect as identified in the final EIR. (2) Such chant -Ars or alterations are within the responsibility and jur-diction of awther public age cy and not the agency making the j`lnding. Such changes have been adopted by iruch other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other consi*ra&=, h rludbg provision of employment opportunities for highly trained workers, make housible the mitigation measures or project alternatives identified in the final EIR. Id short, CEQA requi4s that the lead agency adopt mitigation measures or alternatives,where f sibile, to avoid or i*itigate significant environmental impacts that will otherwise oocur with i*plewntation of the #reject. P'toject mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency." For those significant eff#cts that cannot be mitigated to a less -than -significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh tlje significant effects on the environment.2 The CEQA Guidelines state in sa)pction 15093 that: "If the specifick,economic, legal, social, technological, or other benefits of a propos[ed] project outwei4h the unavoidable adverse environmental effects, the adverse environ- mental Effects " be considered 'acceptable. "' l r purposes o1 CEOA and the findings set forth herein, the record of procc alings for the City's *isim os the project #onsists of: a) matters of common knowledge to the City, includin& but not Hi6ted to, fedetaal, State and local laws and regulations; and b) the following documents which are in tit custody of the City: CEQA Gued ones, Section 15M I (a), (b). b1ie ftesOt»es Codeokctot1214 91(b). 1**d mjWW maCA%1TY RFSW 2007"I -F QA PLIdY&a.dw 1 j1fA kfRAC1.ATES, INC. CEQA FINDINGS AND STAT$MENT OF OVERMIDINQ CONSiWXRATIQNS lA<'ARCII 2697 LODI ANNEXATION RtR « Notice of Ptepara+and other public notices issued by the City in conjurwion with project (see erdix A Draft EIR for the ]Notice of Preparation); « The Pbbldc Review Praft M dated April 2006; « All viriffien cotrtrrr is subnsitted by agencies and members of the pubk during the public 008vord period o4 the Draft EAR and responses to these comments (see Lodi Annexation EIR Reapmse to Certs Document); s! rhe Wtigahon Ma#Wring and Reporting Program (Attachment A); dP All ftp, state nts of overriding ccmsidarathm, and resoh tions adopted by the City in cethan with th oft, and all documents cited to mfesrotl therein; All foal reports, s0dies, memoranda, rasps, correspondeDce, and all planning. documents pre- pared by the City or the consultants, or responsible or trustee agencies v*h respect to: a) the City's compliance *ith CEQA; b) development of the project site; or c) the City's action on the project; and All documents su tted to the City by agencies or members of the public in connection with deve�t of thproject. t3 QsPuia*ice of Finftlp Section 2 of those finds contains a sunuaary descriptin of the pr*ct, sets forth the objectives of *e_ ppujaet, and pros relatsd background inforrutitm. Section 3 iden ies the piateatmdly 4giri cant effects of th# project that were determined to be mitigated to a less-ilhan-significant level. All ntunbered refererxks ident ring specific mitigation measures refer to numbered mitigation *eastrres found in the ]raft EIR. Section 4 identifies the significant impacts that cannot be mitigated to a less-&an-significait level even though all feasible mitigation measures have been identified and incorporated into thesect. Section 5 identifies the project's potential environmental effects that there determined not to significant, and do not require mitigation. Cumulative effects are discussed is Section 6. Section '1 discusses the feasibility of project alternatives and Section 8 includes the City's Statement of QvOrridiing Considerations. These findings summarize the impacts and mitigation measures from the Drat EIR and Responses to Comments document. Full descriptions and analyses are contained in the original document. WCTM 2. THE WBI ANNEXATION AIFWAS 11he wives for the Ntestside project are listed. below. l Wnwas Prej Develop a diversity0f high reality housing types to meet housing needs within the City of Lodi. ProvWe affordable 4ousing options within the City of Lodi. Pmvide park areas recreational uses that help meet park standsods within.the City of Lodi. • Develop a school site that would serve future residents of the proposed project as well as other Lodi residents. Lj A AkaOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIVING CONSfi�€II;R*TIONS N RCB Sf9T LODI ANNIXATION 1111 • Ilrevelr►p an open, space psdestrianNcycle spine" within the project site that comiscts to racreat Tonal and pedestrian amenities further south of the project she. • provide a sire that cold accommodate future development of an aquatic cent. Wovide adequate b*in capacity for storm water detention. *e WesWde pooject wfold anneal 151 acres of land hun San Joaquin Couty i6to the City of Lodi, v hich cold actongnoqme development of up to 745 neve residential units, 24 ages of lws and Mils, an elementary #hool and related infrastructure. To implement the peoposed prat, • the applicant has submidediapplications for annexation, prezone and growth management unit allocation. e growth amanagemenk units will be allocated through the Development Agreement. Aftmadvas l sed on the pr$ject o tines and anticipated environmental cowgaences, and pursuant to Section i 1216.6 of tln CEQA! 4uleJines, the following project alternatives were selected for analysis: • The 10 Pr#Ject/No Build abertaative, which assumes the Westside and SMV Gateway projects would not bac annex#d by the City and would not be developed. The agricultural tate of the project site would continued and no development would occur on the project site. • TU Agricttural Osddmthd Wkernative, which assumes that the agricultural character of the project site would jontinue, and would provide one unit per 20 acres, which would allow 20 units. A density boats would be granted which would allow 1 additional unit per 10 acres, which would result in a teal of 60 units on the Westside and SW Gateway sites. No schools would be developed under t* alternative. The aquatic center and some park area would be incorporated into the project site. • The Utdocod Den*y Q*rwtive, which assumes that the Westside site would be devvioped as is proposed under project, and that the SW Gateway site would have an average of dwee units per gross acre. Th* would result in a total of 1,441 units. The SW Gateway site would not include a school sit*. • The Wreataed Ifio Duty Mix alternative, which assumes that the high density development would have an aveonge density of 25 dwelling units per acme, and the low density dosignation would have a densiV of three dwelling units per acre. This would result in a total of 2,317 units. Under this alternative, there would be no medium density residential units. A more detailed descri#fion of these alternatives, and required findings, are sex forth in Stion 7: lasilbility of Pnject Aex atives. CTM 3: # MTERMERE TO BE MITIGATED TO LESS -THAN- -ANT L LS 'fie Draft ER identif*d certain potentially significant effects that could result from the project. however, the City find# for each of the significant or potentially significant impacts identified in this ction (Section 3) than based upon substantial evidence in the record, changes or alteratiM have teen required or incorporated into the project which avoid or substantially lessen the significant 3 A ASSOCIATES. INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONS14104RATIGNS' ►eC1e ]1i4 LORI ANNIIRATION NIS eas as. idena�ed inFin ' a al E1R3 and, thus, that adoption of the miti`atiem measures fonh �oaw will red6ce the# significant or potentially significant effects to less-thin-signific "t levels. doption of the reco4nenIied mitigation measures will effectively make the mitigation measwes Part of "project. *1 Larged U* The pro osed projects could result in a land use conflict with surrounding land uses. IL-1: To reduce agricultural/residential land use iocompatibi les, the Hong shall be - uir+ed: a. The applicant 1 inforatr and notify prospective buyers in writing, prW to purcchose, about: existing and o ` ing apicultural activities in the inmate area in the form of a 4isckmre stotemot. The Obotificatidns shall disclose that the residence is located in an agricakural area subject to gro*d and aerial applications of chemical and early morning or nighthtm a farm operations wh*h may create noise, dust,. et cetera. The language and format of such notification s*l be reviewed and approved by the City Community Development Department p* to recordation of final map(s). Each disclosure statement shall be recorded at the County recorder's Office and acimowledged with the signature of each prospective owner. AdditioWly, each prospective owner shall also be notified of the City of Lodi and the County of San ]oaquin Right -to -Farre Ordinances. b. The coaditionsrof approval for the tentative map(s) shall include requii cments ensuring the approval of a writable design and the installations of a landscaped open space blamer area., fences, and/or *ails around the perimeter of the project site af=fected by the potential conflicts in land use to x*nintize conflicts between project residents, non-residential uses, and adjacent agricultural uses prior to occupancy of adjacent houses. c. Prior to recordof the final map(s) for homes adjacent to existing ap'icualtural operations, the applicant Zsubmk a detailed wall and fencing plan for review and approval by the Cernmanity 1)4elopnnent Department. Em"a LU -1, Mitigation Measure LU -1, which requires nWictation of poten0al horne buyei s that tli `y would be located adjacent to agricultural uses, and incorporation of burrs into project designi will reduce the potential incompatibilities between the residential land use and adjacent agric ural uses. The mitigation measures presented in Mitiption Meaavre LU -1 are feasible and eftctive measures to reduce the potential land use conflicts. Pursuant to CEQA Guidelines Section 15491(a)(1), the City finds that Mitigation Measure LU -1 will be incorporated into the project via conditions of approval, and will reduce hnpact LU -1 to a less -Haan -significant level. *2 Air QusAky De ition and construction period activities cold generate significant dust, 4khaistand organic emossions. 3 CEQA GWidWines, Serion I5091. dism*M=1CdVCITM"u 2OM-01 QA Piaihl91AW CN1W1W7) 4 A 4915OCtATES, INC. CEQA FINDINGS AND STATIMENT OF OVENp1IVING CONST RATIONS ROM zest LODI AKNZI IATION 2151 AAS -1a: Consistent with Reguladon VIA, F hive � Prohibitions of the " V '( "D, the f cottrtrols are required to be imphn rated at A coition sises and as speciscatims for tl project. • All disturbed a*u, inching storage piles, which are not being actively utilized for construc- tion purposes,' shall be effectively stabilized of dust emissions usibg water, chemical stabilizer/suppssant, covered with a tarp or other suitable cover or vegetative ground cover. • All on-site unp4ved reads and off-site unpaved access rods shall be effectively stabilized of dust erndssions #sing water or chemical stabilizer/suppressant. • All land clearitg, grubbing, scraping, excavation, lased leveling, grading, cut and fill, and demolition activities shitll be effectively controlled of fugitive dust emissions utilizing appgcal ion of 4ater or by presoaking. • With the demon of buildings up to six stories in height, all exterior surfaces of the build- ing shah be w*d daring demolition. • When paterial4, are transported off-site, all material shall be covered, or effectively wetted to limit visible d emissions, and at least six inches of freeboard space from the of the container shallre maintained. • All opetationsll limit or expeditiously remove the arccurnubtion of rimed or dirt from *a - cent public str*s at the end of each workday. (The use of dry, rotary bruohes is expressly peohibiled ex where preceded or accompanied by sufficient wetting to limit the visible last entiissionse of blower devices is expressly forbidden.) • Following the ition of materials to, or the removal of materials frond, the surface of out- door storage p' ,said piles shall be effectively stabilized of fugitive dist emission utilizing sufficit wet � or chearxxieal stabilizer/suppressant. • Within urban seas, tracbDut shall be irrmnediately removed when it extends 50 or more feet from tl* site an i at the end of each workday. • Any site with 40 or mom vehicle trips per day shall prevent carryout and trackout. tial $:onjrolJLWfi1n& Construction of the project requires the implementation of cool treasures set f€ h.. under Regulation VEIL The following additional coxttt'ol measures would feuther reduce con*uctitm emissions and should be implemented with the project: • lit txasffic spoeds on unpaved roads to 15 mph; • Install sandbag or other erosion control measures to prevent silt runoff to public roadways ftom sites with slot greater than 1 percent; • Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the she; • lastall wind b*s at windward side(s) of construction area; • S*spend exca 'on and grading activity when winds exceed 20 mph {repxdless of wind- wod, an awn or must comply with Regulation VID's 20 percent: opacity linritatiotn); • Limit area exc*ation, grading, and other eonstnxction activity at any one time; 1 YAdmwFlwpaw�CA1CITYtR.ElR¢XM-01*=A FSegig6 A*f3+i9V=) L ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRI'VING CONSIMXATIONS 7lCIS 2497 &ODI ANNEZI TION *IR • Mall twerock at wiryways for all exiting trucks, and wash off the tires or trach of all trucks aald equi ent in designated arts befm leaving the site; and • Suspend excava#on and grading activity when winds (instantaneous gusts) exceed 20 mph. AlifigWoea e. : The following construction equipment mitigation measures are to be implewsW at con#ructian sues to reduce construction exhaust emissions: • Use electric egv#pjnent for construction whenever possible in lieu of fossil fuel -fired equip- ment; • Properly and r4finely maintain all construction equipment, as recommended by the maaw- factur+er manual, to contW exhaust emissions; • Slut doom equ nt when not in use for extended periods of time to reduce emisss asso- cited with Oil emissions; • Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; and • Curtail c onstruclion during periods of high ambient pollutant concentrations; this may i0clude ceasing of co ction activity during the peak -hour of vehicular traffic on adjacentroadways, and are The Air Days" declared by the District. l"lementattion of lthese mitigation measures would reduce construction period air quality impacU to a less-th4-significant level ffpd*-s fgL JMj&cjAIR-1: Mitigation Measure AIR -1, which requires do inlplerrnaertsttit�n of ccrostrection period dust -and exhaust -control measures, will subetantially'lesson the. ms's short-term emissio4 of dust and exhaust. The short-term air quality measurers listed in Mitigation Measure Alli -1 are t'easible. and are considered by air quality experts, including the San Joaquin Valley Air Pollution Control District, to be effective measures in reducing the short-term air quality impacts of amstructioxn projects. Pursuant to CEQA Guidelines Section 15091(&)(1), the City finds that Miti ation Measure AIR4 will be incorporated into the project via conditions of approval, and will rdduce Impact AIR -1 to a less -than -significant level. Amami site construction activities would potentially result in short -tarn noise a ontr aigadent retial uses. mijig2fione TOI : Construction activities would need authorizadpn under City isau- afce 4 c rMi permits before any work could comamce on-site. Construction activities shall be limned to hours of 7:00 a.m. to 10:00 p.m. Monday tistough Sunday, consistent with the Cm's Ordinance. e OIIb: All stationary noise generating conmuction egpipaent, such as air compeessors and able poo+er generators, shall be located as far as pt*ctical from existing residences. K1grunilYWon1GA�,iYNk3 d007V-OS-P,QA FnMags.�li��92Y6„ 6 L#AA A EOCIATES, INC. CEQA FINDINGS AND STATEMENT -OF OVERRIDING CONSIDERATIONS ARRC tally LODI ANNEXATION :IR BY neetinS the h1mrs of construction timeframe and minimizing noke from SUM. ury possaw row equip t, the project will not result in a substantial temporary or periodic increase in am*ertt wise le%*Is. 1-+ 1: Mitigation Measures N01 -14t and NOI-lb rea vm' the iltaple en ion of asums to control construction noise aaad will substantially lessen the adverse constroictior-period wise of the project. These mitigations con*dse noise -control actions that have been successf*y used by the City of Lodi, as well as municipalities throughout the State to substantially reduce=construction period noise levels. Similar measures are incorporated into the conditions of approval for development projects throughout California, and are easily monitored during the actual construction period. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigatirot Measure NOI-la and NOI-lb will be incorporated into the project via conditions of appro*1, and will reduce impact N0I-1 to a less -than -significant level. 4 CttWnd#nd PaoonloioSIcal Resources Gro d-dzstu*drig activities in a portion of the Westside project area could *ebdy cit a histo0c arc haeplo&al resource. has Wgo beau r " -L• Implementation of either Mitigation Measure CULT -la a CULT - 1 ► would roduce to a less -Haan -significant level. In order to avoid posfl work scop a and projeci delays atthe location of the resource, implementation of Mitigation Measure CULT -1(a) is the rWornmended alternative. The mitigation measure selected, however, shall be deterrviried ky the lead agency. j4. Prior to the inition of any project ground disturbance or any construction activides within 50 feet of arc logical site LAN -1, it shall be recorded. on the appropriate State of Cali- fornia Depart of Parks and Recreation DPR 523 forms. Prior to ground disturbance at this location, aualified historical archaeologist shall evaluate the site for its eligibility for listing is the California Register. An evaluation shall include archival research and subsurface archaeological besting. If the site is determined to not be eligible for listing in the California Register, no furtier study or mitigation of the site is required. Shall the site or intact features within the site be found to be a historic or unique archaeological resource as defined under CEQA, project delated impacts to the site shall be mitigated. If the deposits are eligible, they shall be avoided by adverse effects, or, if avoidance is not feasible, the adverse effects shall be mitigated. NOtigation may include, but is not limited to data recovery excavation. If data recovery excavation is appropriate, the excavation must be guided by a data recovery plan prepared and adopted prior to beginning the data recovery work. A report of findings shall be submitted to the project applicant, the City of Lodi, and the Central California Information Center (CCR Title 14(3) § 15126.4(b)(3)(C)). This approach would reduce this impact to a less-than-signiftant level. 1 Prior to any prcct activities within 50 feet of archaeological site LAN -1, it shall be recorded on the appropri State of California Department of Pinks and Recreation DPR523 forms. A qualified archaeologist shall monitor ground disturbing activities within 50 feet of LAN -I in the Westside *0ject area. Project activity shall cease in the irnrnediate vicinity of a subsurface find` and the discovery evaluated and appropriate treatment options developed. Archaeological monitors shall be empowered to halt construction activities at the location of rra,vn�ws� c eclrrwESVk.-0�-�eCso� ra o.lo amtl9�mm� 7 L&A AXSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVRRRIOING CONST KATIOWS RCIO 20,11 LOBI ANNEX $ION 19I1t the: discovery tdreview possible archacol NkA nnaterial apd to protect tke resource wfiiie the finds an being kevaluatet Monitoring shall continue until, in the archaeologist's judgment, cultural resourcJs are not likely to be encountered. If subsurface lstoric archaeological deposits, e.g., wells, privies, od loundadem, are encountered du6mg project activities, all work within 25 feet of the discovery shah, be radi- reeted until the _ haeological monitor can evaluate the finds and snake recon menet ts. It is recommends# tthat adverse effects to archaeological discoveries be avoided by project activities. If sue deposits cannot be avoided, they shall be evaluated for their eligibility for listing on the California Register (i.e., it shall be determined whether they qualify as his- torical or uniqu4e archaeological resources under CEQA). If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible, they shall be avoided by adverse effects, or, if avoidance is not feasible, the adverse effects shall be mitigated. If data recovery excavation is a# ropriate, the excavation trust be guided by a data recovery plan prepared and adopted prior to beginning the data recovery work. A report of findings shall be submitted to the project applicant, the City of Lodi, and the Central California Information Center (CCR Title 14(3) §15125.4(b)(3)(C)). It is anticipated that this approach will reduce this impact to a less -than -significant level. FuWm's f CULT -1: Mitigation Measures CULT -la or CULT -lb requim that a qualilkd archaeol ist to either evaluate the project site for its eligibility for listivg an the California Register,' or to monitor during major ground -disturbing activities. The archeologist shall be etr>dsowereel< to halt construction activities in the vicinity of archaeological mals to avoid damage to Onidentified archaeological resources should they be discovered. Either Mitigation Measure CULT -la or CULT -lb will ensure that the resource remains intact until its significance is determined, and a plan is prepared for the protection of the resource, if necessary. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measure CULT -la and CULT -lb will be incorporated into the project via conditions of approval, and will reduce Impact CULT -1 to a less -than -significant level. Grow0d disturbing activities at the Westside project area could adversely impact ' hsiw4cal r sources. e o�J-2: If prehistoric or historic archaeological materials are encountered dwing project actin es, all work within 25 feet of the discovery shall be redirected and a quali- fied anhaeologist c#ntacted to evaluate the finds and make recommendations. It is recommended that adverse effects oto such deposits be avoided by project activities. If such deposits cannot be avoided, they shall �e evaluated for their eligibility for listing on the California Register (i.e., it shall be determined' whether they qualify as historical or unique archaeological resources under CEQA). If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible, they shall be avoided by adverse effects, or, if avoidance is not feasible, the adverse effects shall be mitigated. Mitig*ion may include, but is not limited to, thorough recording on Department of Paries and Recreation form 523 records (DPR 523) or data recovery excavation. If data recovery excavation is appropriate, the excavation must be guided by a data recovery plan prepared and adopted prior to beginning the data recovery work, and a report of findings shall be submitted to FCB, the City of Lodi, and the Central California Information Center (CCR Title 14(3) § 1512b.4(b)(3)(C)). N:jjW�rvni(i1NimYGNES'F'Y�RF.SIe� 20011E-0I-@ICi9QA Flnin�.deei5l1912007) 8 0A ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSID91ATIONS. j, RC -11 2991 LORI ANNRIATION EIA boftl fag li a . CULT _2. Mifigatian Measures CULT -2 mgWms consawtion activity, within 25 few of al prchis 'c or historic archaeological materials find, to be diverted and a qualified archaeologist to evouate the finds and snake recomaxadadom. Wtigaation N*asere CULT -2 will emsum that the resource remains intact until its significance is determined, and a :plan is prepared for the protection; of the resource, if necessary. Pursumt to CEQA Guidelines Section 15091{a)(I� the City finds that Mitigation Measure CULT -2 will be incorporated into the project via conditions of aiVroval, and will reduce Impact CULT -2 to a less -than -significant level. bmd-4• Gr($md-disturbing activities associated with the project could disturb human rnaiss, i6cluding thosi interned outside of formal cemeteries. e umi CI 4: If human remains are encwwlerad, work within 25 feet of the discovery viill be ted and the County Coroner notified inmediaaltely. At the same time, an archayeolog t will be contacted to assess the situation. If the human remains are of Native Anunican origin, tile Coroner must notify the Native American Heritage Commission within 24 hours of this iden#fication. The Native American Heritage Commission will identify a Most Likely Descendant, (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Upon completion Of the assessment, the archaeologist small pr€lpare a report docunotting the metheds and resulti, and provide recommendations for the tmatment of the human remains and ashy associalled cult al materials, as appropriate and in coordination with the recommendations of the MLD. The repot shall be submitted to the project applicant, the City of Lodi, and the Central California Informa4m Center. It is aendcipated tilt implementation of Mitigation Measure CULT -4 will reduce impacts to I urry I remains to 4w-thw-sknificant levels. fCULT-A. Mitigation Measure CULT -4, which requkes the developer to to eiisting l wpofessional standards regaar+dift the tmatment of human remains, will. %AwWtially lesser the potential effects of the project on human remains, includWg Nadve Amefican remains., lnVlernotation of Mitigation Measttt'e CULT4 wile endue tha human rc s arc evaluaaW for their cultural and archaeological importance and are protected from additional disturb Wa e. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation MeasurO CULT -4 will be incorporated into the project via conditions of approval, and will reduce Impact MT -4 to a less -than -significant level. r1e�5: Grnd disturbing activities within the project area could adversely impact A-resoure*s. ti u . CULT -5T-5: If ground disturbing activity is anticipated below the p w*t area soil I>tyer, tae Miti grourad disturbance below that depth in geologic units kali be Mored by a qualified paleon gist. Subsequent to monitoring this initial ground disturbance, the qualified paleontoloilist will snake recommendations regarding further monitoring based on the initial findings. Ws can t xlude, but is not limited to, continued monitoring, periodic reviews of ground disturbance below #roject area soil layers, or no further monitoring. p�q�mgiw+�sY;NCl7T>Yt�Rr nolo-0�-��Qw fren;a�.,lec �v�sZam,. _..,_. . g A AOSOCIATES, INC. CEQA FINDINGS AND STATIMENT OF OVERRIDING. CONSk*%RA-T. ICWS RCN 2009 LOD] ANNz31*1,10N SIR Pie -fold mvmitori t preparalion by a qualified paleontc smell take into account specific details of project onstrttction plans as well as informadw from avail*le pal , gological, and geechnical studies. Limited subsurface investigations may be appropriate for defining arenas of pa$eontolog Kcal sensitivity prior to ground disturbance. If paleoatokogicalsources are encountered during project activities, all worse with 25 feet of the discovery sh l be redirected until the paleontological monitor has evaluated the resources, prepared a fossil locality forth documenting them., and made recommendations regaiding their treatment. If paleo ological resources are identified, it is recommended that such resources be avoided by project activities. Paleontological monitors nest be empowered to halt construction activities within 25 ` feet of the discovery to review the possible paleontological material and to protect the resource while it is being evaluated. If avoidance is not feasible, adverse effects to such resources shah be mitigated. Mitigation can include data recovery and analysis, preparation of a report and the accession of fossil material recovered to an accredited paleontological repository, such as the University of California Museum of Paleontology, Berkeley (UCMP). Monitoring shall e(Vinue until, in the paleontologist's judgment, paleontological resotu-ces are no longer likely to be encountered. Upon project completion, a report shall be prepared. docu- menting the methods and results of monitoring. Copies of this report shall be submitted to the project applicant, the City of Lodi Planning Department, and to the repository where fossils are accessioned. P- ! CU,T-S: Mitigation Measure CULT -5, which sus protocol four the idenAcatiotn and tection of unidentified paleontological resotarces, will avoid the pfcject's adverse effects to #Aeomological resources. Requiring a qualified paleontological nxxdtm be present during gT(*nd disturbing activities below the soil layer will ensure that adequate measures are taken to protect unidentified resources. Requiring construction to halt if paleontological resaurces are found will allow such resources to be analyzed and protected (if necessary) without additional disturbance. The presence of a paleontological resources monitor can be easily verifiod in the field by the City. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measure CULT -5 will be incorporated into the project via conditions of approval, and will reduce Impact CULT -5 to a less -than -significant level. +r Galop,S46 sod SekmWty Seis ally-ined ground shaking at the project area could result in risk of loss of off+, *y. or dea*.k hfiWMfigp e u `t lam: Each project's conditions of approval shah xqulee the erect be desipfed aecordtnoto the mit recent CBC and UBC Seismic Zine 3 re*rements, a icable local codes, and begin accordance with the generally accepted standard for geotechnical practice for se srnic design io Northern California. HkiWignur 1 • Prior to the approval of grading plans, the project apphram shah perforin design -level geotechnical investigations and incorporate all recommendations into the project contgructim documents and grading plans. W,,,d-1W M.1%r,NC1TVW£Ake 20W"1-1R4CEQA FiNk46AW 431f9l30817) L. A ASSOCIATES, 174C, R C II 2007 CEQA FINDINGS AND STATEMENT OF OVERRIPING CONS12"*T1gf0S LODI ARNEWPION-SIR s far I Requiring the project to be designed in accosdance *A the Onifermliuming Code and all applicable local codes is feasible, and will ninhalpe huaA associated kith ground shaking within the project site. 'T'hese measures are cry imposed on develconent projects in California and are considamd to minimize the effect of makes on new'' structures. Pursuant to CEQA Guidelines Section 15091(x)(1), the City fids that Mitigation Moasures CFO -1a and GEO-lb will be incorporated into the project via conditions of approal, and will reduce Impact GEO-1 to a less -than -significant level. ago -4 The:project area contains soils that are moderately corrosive to buried metal lam• if the project includes buried metal components, a corrosion engi- neer sW be retain4i to desip corrosion protection systems appropriate for the project tales to be approved by the Cotmunity Development Department. EM"s far h=@& GEO-2: The incorporation of a corrosion protection system into the propo ied project w h help ensure buried components of the proposed profit are able to tolerate moderately corrosive soils at the project sites. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that ?mitigation Measure GEO-2 will be incorporated into the project via conditions of approval, and wit reduce Itnpact GEO-2 to a less -than -significant level. 36 My&okqy and lVater Q* ality Incr runoff volume resulting from creation of new impervious surfaces could *es6to exceled the ','capacity of downstream storm water conveyance structures, rmd tng in *ahled pondmW and flpoding. 1tW*gn 14 u " Y -1: implementation of the following two -put mitigation measure void '. retduii�e pote nal impacts associated with increased peak runoff volumes to a less-than- nilkant level: As a condition of approval of the final grading and drainage plans for this prqJects, the Public Works &partr*t shall verify that the Master Utility Plan for the Westfide site will comply with the City's $tormwate r requirements. 1b: Prior to theoval of the final grading and drainage plans for the Westside erect, a hydritiuoc Malt's shall be provided to the Public Works Departsnent for verification that i lementatiork of the proposed drainage plans would comply with the City's sten water requirements. bgfts fir_ JHMV^D-l: The City finds that requiring compliance with sWMwater rergquitemera and 'hydraulic analysis of the: proposed project would help to ensure that clew runoff from the site would not exceed the capacity of existing conveyance structm+es. The implementation th4 measure will mitigate the potential effects of new impervious surfaces. Pursuant to CEQA Ouidelines Section 15091(a)(1), the City finds that Mitigation Measures HYD - 1 will be incorporaed into the project via conditions of approval, and will reduce Impact HYD -1 to a less -than -significant level. PR,1I.dnvniRaiaPCA1G11Y1REl��� -01-i�.GEQA Fia7ff�ps.d�f3119(lAR!) 1! LAA AYSOCIATSS, INC. CEQA FINDINGS AND STATRUENT OF OVERRIDING CONS}yRATIOWS 1 _ RCD Joel LODI ANNEXATION IIIR Con tion activities could result in degradation of water quality of stairr�n water get" wan lity ittt the Project area. r , : The project proponent for each development p inject shall �epate a S '' atm Pollu Prevention Plan (SW 0P) de ed to redwe potmdel impacts to surface water quality throu the construction period of the project. The SWPPP most be maintained on- site acid made avail a to City inspectors and/or RWQCB staff upon request. The SWPPP shall include specific ano detailed BMPs designed to mitigate construction-releted pollutants. At raininnim, BMPs stall include practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with storm water. The S*PPP shall specify properly designed centralized storage areas that keep these materials out of the lain. An importard com nt of the storm water quality pt on effort is the knowledge of the site strpervi s and wo4ws. To educate on-site personnel and maintain awareness of the ingw tante of stem water qu ' y protection, site supervisors shall conduct regular tailgate rncwtings to discuss polletion provention. The frequency of the meetings and required personnel attendance lis shall be specifie4 in the SWPPP. Tito SWPPP shall ipecify a monitoring program to be iniplemented by the construction site saper*or, which now incline both dry and wet weather inspections. In ad4tion, in accordance with State 'Nater ources Control Board Resolution No. 2001-W, monitoring would be required during the jonstruction period for pollutants that may be present in the runoff that are "ttot visually detectable in runoff." RWQCB and/or City personnel, who may matte unannounced she inspections, are empowered to levy considerable fines if it is determined that the SWPPP has not been properly pr1pared and implemented. Bb&s desigmed to r6duce erosion of exposed soil may include, but are not limited to: soil sta- bilization controls, cratering for dust control, perimeter silt fences, placemen of hay basks, and sedirtjum-t basins. Th* potential for erosion is generally increased if grading is performed during the rainy season as costurbed soil can be exposed to rainfall and storm runoff. If grading must be conducted during tho rainy season, the primary BMPs selected shapl focus on erosion control; that is, keeping sediment on the site. End -of -pipe sediment control measures (e.g., basins and traps) shall be used only as secondary measures. H hydroseeding is selected as the primary soil stabilization method, then these areas shall be seeded by September 1 and irrigated as necessary to ensure that adequtite root development has occurred prior to October 1. Entry and egress from the construction site shall be carefully controlled to minimize off-site tracking of sediment. Vehicle and equipment wash -down facilities shall be designed to be accessible and functional during both dry and wet editions. The City Public Worts Department shall review and approve the SWPPP anddrainage plan prior to appo oval of theding plan. City staff may require more stringent storm water treatment measures, at their scretion. hWlementation of this mitigation would reduce the level of significance of this i act to a less -than -significant level. �.WltinieyNa�1CA'd!'YNEi�iLR 2D67Y-0k-E10.QA Fcp.da t}Ik9R007) 12 L A$;OCIATES. INC. CEQA FINDINGS AND STATEMENT OF OVERRIOING CONSIIWSATt S M' RCW 2847 LODI ANNEXATION -. IR r .ITYmart iY1J-2: Mitigation Measure HYD -2, witicls requires ilhe prattle and i etrtaf(on of as form Witter Pollution Prevention Plan (SWM) with both constraWan and own -period Be Management Practices (BMPs), will substantially lesson the effect of the project sormwar quality. A SWPPP is considered by the Regional Water Quality Control Berard (RWQCB) ta`be an effective way to reduce the contamination of stotmwater on a pro*t site resulting from efosion and chemical contamination on impervious surfaces. The adequacy of the SWPPP (includtig associated BMPs) will be verified by the City prior to the -initiation of ground -disturbing activities. Pursuant to CEQA Guidelines Section 15091(a)(1), the'City finds that Mitigation Meaeture HYD -2 will be incorporated into the project via conditions of approval, and will reduce Imp4ct HYD -2 to a less -than -significant level. Dewatering may contain contaminants and if not properly managed could be di6moaW to crostruc* worker and the environment. as e _ : Each SWPPP shall include provisions for the proper man�t of coustraction-period watering. At minimum. all dewatering shall be containW mor to �e to allow the sed' t to settle out, and filtered, if necessary to ensure that only clear water is discharged to the storm or sanitary sewer system, as appropriate. In areas of suspected groundwater contamination (i.e., underlain by fill or near sites where chemical releases are known or suspected to haver occurred), groundwater shall be analyzed by a State -certified laboratory for the suspected pollut*ts prior to discharge. Based on the results of the analytical testing, the pro- ject proponent shall acquire the appropriate permit(s) from the RWQCB prior to the release of any dewatering discharge into the storm drainage system. Section N.1, Haza Is and Hazardous Materials, of this FJR, includes a discussion of the Rernedlation Action �Tlan (RAP) and Health and Safety Plan ()PTSD for the site. Implementation of Mitigation Meas#re H.AZ-4a, HAZ4B, HAZ4c, HAZ-4d, and HAZ4e would erre the safety of construction workers from hazardous concentrations of contaminants from soil and groundwater. Pauper implewmota ' of the mitigation measure described above would reduce this inpact to a leas4bion-sighificantlevel. F_indim for JWMt : Mitigation Measure HYD -3 requires that the Storm Water Poflution I JVveti last 14an (Si P) include provisions for the proper mann remit of constrwti�m­period dewatering. The adeouacy of the SWPPP dewatering provisions will be verif*d by the City prior to the initiation of ground -disturbing activities. Pursuant to CEQA Guidelines Section 15091(a)(1), the Cit* finds that Mitigation Measure HYD -3 will be incorporated into the project via conditions of apptoval, and will reduce Impact HYD -3 to a less -than -significant level. 3J Rkdogind ResouOves 116ga lKla: Implemoentation of the project could impact western burfowing owl if this species u t Weadside p ect site prior to the start of construction. h6fig" : laVlementatioan of these measures will reduce impacts to western browing oitvl to a 16s than significant level. 4 ,A A50OCIATES, INC. CEQA FINDINGS AND STATBINENT OF OVERRIDING CONSIp8RATI0t4S PORCH 7947 LODI ANNEXATION RIR A. Pltior toappro*1 of grading plans, the pmt proponent sWl pay the apWopriale fees to SJCOGY in ackordance with the SJMSCP conservation strategy, for conversion of uWevelaped laid. No nate than 00 days prior to any .ground disturbing activities, a qualified biolaost shall cooduct.survey for burrowing owls. If ground distra ig activities are *hayed or staspended for n>or+t than 3P days alter the initial preconstruction surveys, the site shall be resurveyed. AN surveys sha$ be conducted in accordance with CDFG's Staff Report on Burrowing Owls (C )FG, 1995). 1 �: If the preccins tion surveys identify burrowing owls on the site during the non -breeding season (Septet 1 through January 31) burrowing owls occupying the ,project site shall be evicted from tl# project site by passive relocation as described in the CDOG's Staff Report on Bawling Owli (CDFG, 1995). W: If the preconstipction surveys identify burrowing owls on the site during the breediag season (February 1: thfough August 31) occupied burrows shall not be disturbed and shall be provided with a75 meter (250 -foot) protective buffer until and unless ft SJMSCP Technical Advisory Corru*i tee (TAC), with the concurrence of CDFG representatives on the TAC; or unless a qualifi�d biologist approved by CDFG verifies through non-invasive means that either: 1) the buds have not begun egg laying, or 2) juveniles from the occupied burrows are foraging indepoWently and are capable of independent survival. Once the fledglings are capable of indeendent survival, the burrow(s) can be destroyed. Efflaw Ur b 1: The City finds that conducting surveys for the western burrowing owl, and alheri to the protocol set forth in Mitigation Measures BI0-1a, BIO -lb, B10 -1c, and BIO -lid is fe ble and will adequately protect the species should it occur within the project. site. Pursuant to Q EQA Guidelines Section 15091(ax1), the City finds that Mitigation Measures B10 -la, BIO -ib, $I0 -1c, and B10-ld will be incorporated into the project via conditions of approval, and wifteduce Impact 1310-1 to a less -than -significant level. Implei"ntation of the project could impact nesting Swainson hawk or other nesting tots if , gxcies *e present on the Westside site or prior to the start of consnction. Mkig, e B1 -2: Implementation of these measures will reduce impacts to nesting Swainion's hawk a other nesting raptors to a less -than -significant level. 2&: For to approvgl of grading plans, the project proponent shall pay the appropriate fees to SJCOG, in a*ordance with the SJMSCP conservation strategy, for conversion of utrdevekq)ed lards. Removal of stble nest trees shall be completed during the non -nesting season (when the nests an unocc ed), between September 1 and February 15. 2k: If suitable nesto=s will be retained and ground disturbing activities will commence during the nesting sea* (February 16 through August 31), all suitable nest troes on the site will be surveyed by a qualified biologist prior to initiating construction -related activities. Surveys PJJ%d-,wo*m C-V0TYVW-96. 2OM41-EI"A i61mV,&.43V19I2W7) 14 1;,, A A BOCI.;TES, INC. CEQA FINDINGS AND STATEMENT OF OVERRI#ING CONST RATI"S RC 2007 LORI ANNE ATION.SIR will be co ucmd no mere than 14 days prior to the start of work. If a active's6t is discovered, a l foot tomer shall be established around the nest tree god delineaa ed using. orange donstru 'on fence or equivalent. The buffer shall be rfAintamed in place urs the end of the breeding kason or until the young have fledged, as determined by a qualified biologist. In souse instances, CDFG may approve decreasing the specified buffers with impleaaentatiEon of other avoid a and minimization measures (e.g., having a qualified biologies on-site during construciion activities during the nesting season to monitor nesting activity). If no nesting is disco*ered, construction can begin as planned. Construction beginning during the non -nesting season and continuing into the nesting season shall not be subject to these measures. Ewdifts fig a I The City finds that surveying for nesting Swawssam hawk or other nesting rap6ors, an adhering to the protocol set forth in Mitigation Measures B10 -2a, B10 -2b, 310-2c, and BIO -24 is feasible and will adequately protect the these species may occur within the project site. Pursua6t to CEQA Guidelines Section 15491(a)(1), the City finds that Mitigation Measures B10 -2a, 1310-2b, 13I0 -2c, and BIO -2d will be incorporated into the project via conditions of approval, and will reduce Impact 13I0-2 to a less -than -significant level. to : The pr#ject will impact one area of vernal marsh (seasonal weds ud). e1310-3: implementation of the following mitigation ineasures will reduce ids to wetlan*i.e., vernal rnarsh) to less-than-significam levels. 3!a: Wetlands pern*nently impacted during construction (approximately 0.02 acres) shill be naitigatod thio preservation, creation ardor restoration of the i cte d resou�s at a rninimuln ratio 1:1. If permits are required by ACOS and/or RWQCB, specific mitigadon requirements, it different than described above, shall also become a condition(s) of project approval. moi: Prior to appro of grading plans, the applicant shall obtains any regulatory permits required f*n the ACO�and/ r RWQCB. I a t f -3-3: The City finds that preservation, creation, or nworation of wetlands p.orms.hentlp irnpa during construction, as well as obtaining ail necessary regulatory permits, is feasible and willf reduce impacts to wetlands within the project site to a less-than-signifkant level. These mea*res are considered adequate means of n*igation. Pursuant to CEQA GuiMines Section 15091(x)(1), the City finds that Mitigation Measure 1310-3 will be incorporated into tits project via conditions of approval, and will reduce Impact 13I0-3 to a less - than -significant ]evil. S �at��da�ni I�re#oua 4Jia�rlasls Imp r use, storage, or disposal of hazardous materials during cpa�cEion tiffs ioaldresult idreleases affecting construction workers, the public, and the environwnt.. Ipc�a„�xi,wrm+cextrnRsq!�200rd-w ,s -w. sAftOJIMMT) 15 i A"OCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIOING CONSIDERATIONS RCH 29117 LODI ANNEXATION E:IR Afigo JAZ4: Preparation and implementatim of the required SWPPP (see Witi- ctd.`)1dea"-2 and HYD -3) would reduce the poienfial impacts of hazardous maerWs rekam during con cticm to a less -than -significant level. No additional nftga&n is required. Fg"s f I HAL -1: A SWPPP is considered to minimize environmental effects associated with the leakage or spill of hazardous materials used during the construction period. The City finds that'a SWPPP is a feasible mitigation measure and will reduce risks associated with the use of hazardous materials during the construction period to a less -titan -significant level. Pursuant to CEQA {guidelines Section 15091(ax1), the City finds that Mitigation Measure HAZ-1 will be incorporated into the project via conditions of approval, and will reduce Impact HAZ-1 to a less-than-significapt level. Many of the parcels within the project area contain hazardous materials that may be °the public ane$ the environment. l o r t - : Prior to approval of any demolition or conshumion permits, ASTs, pa"es, waste d , egvipalent maintenance chemicals, discarded trash and debris shall be removed fram the iiiffividual project site and disposed in accordance with appIlicable regulations. F12d*s for a - : The City finds removal of hazardous materiak in accordance with applic*ble negulati s as a feasible mitigation measure and will reduce risks associated the hazardous materials that may be on the project sites. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measure HAZ-5 will be incorporated into the project via conditions of a*oval, and will reduce Impact HAZ-5 to a less -than -significant level. The s . c tanks and wells on the Westside site could potentially create a significant hard to lite public or environment. e :Prior to approval of any grading plus or cororuction permits for each ibdlvWtW pre ct, the wells and septic system shall be properly abandoned in accordance with applicable re orfs. g&jWs. 6ffiThe City finds removal of septic tanks and welk in accordance with lie ble legubti*s as a feasible mitigation measure and will reduce risks associated with septic systems and galls. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measure' HAZ-6 will be incorporated into the project via conditions of approval, and will reduce Impact 1pAZ-6 to a less -than -significant level. WAM De tion of buildings containing lead-based paint and asbestos -containing it kg rdateritils and tpe removal of asbestos containing irrigation pipes could release airborne lead aW asbestos particles, Which may affect construction workers and the public. Miles e r ��: implementation of the following two-part mitigation measure would reduce this impact t# a less -thein -significant level. $g: As a condition of approval for a demolition permit for the project site buildings, an asbestos and head-base4 paint survey shall be performed. If asbestos -containing materials are determined to be present, the materials shall be abated by a certified asbestos abatement N CACMWEMWMrN-03-Bk*4MQAFndiwAw13vtW2W7, 16 40A k1;i1C#ATES. INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING. CONSIDERATIONS *ARCH It" LODI ANNEXATION EIR cantracbr in ordanee with the regulations and notification requ ieumts of the San Roquirt Valley, -Air Qaallty Control District. If lead-based pats are idtntified, then federal and State con$truction worker health and safety regalatkms shall be followed during rmovadon or *molition activities. If loose or peeling lead-based paint are identified, they shall be.rernov4 by a qualified lead abatement contractor and disposed of in accordance with existing hazar*s waste regulations. Jt: As a condition of approvtd for grading plans for the project silo, an asbestos investigation of subsurfbee struotures shah be conducted. If asbestos -containing materi* are determined to be present, the; materials shall be abated by a certified asbestos abatement contactor in accordance with the regulations and notification requirements of the San Joaquin Valley Air Quality Control District. Fliedime for bVLct JJ6Z4: Mitigation Measures HAZ-8a and HAZ-8b rare the investigation and a6ftnient of iubestos and lead within the project sites prior to demolition and will sibstaintially lessen the health risks resulting from the presence of these substances. After any necessary abateme*, these materials will not pose a health threat to construction workers or future employees or customers of the project site. Pursuant to CEQA Guidelines Section 15091(axl), the City finds that Mitigation Measures HAZ-8a and HAZ-8b will be incorporated into the project vii conditions of approval, and will reduce Impact HAZ-8 to a less -than - significant level. jo V1040 Boom" : The .prctosed prgect would create a new source of light and glare affecting day and hilae views. hW—mhtaa 10easur : Outdoor lighting shall be desigmA to minimize glare and spillover to sW"xadinj prope s. The proposed project shall incorporate non-mirrorad glass to rrtininize dayliSk glare. Foodings. fog -2: The City finds that designing outdoor lighting to minimize glare and s lovier ii jbt and , quiring non -mirrored glass in construction of the lousing is a feasible mitigation measureY r and will reduce impacts associated with light and glare to a less -than - significant level. 16.suant to CEQA Guidelines Section 15091(ax1), the City finds that Mitigation Measure VIS -2 will be incorporated into the project via conditions of approval, and will reduce hnpact '*IS -2 to a less -than -significant level. *CTIM 4: SIG ANT EFFECTS THAT MAY NOT BE MITIGATED TO Ai ANSI IIWANT LEVEL 'lie Draft EIR andse to Comments document identify several impacts that cannot be rttigated to a less-th significant level even though the City finds that all feasible mitigation *aswes have been idettified and adopted as part of the project. The significant unavoidable impacts W discussed below. t& A A&SOCtATES, INC. CEQA FINDINGS AND STATEMENT OF OVELRtbING CONSIIRRATIONS *ARCM 20.7 LODI ANNEXATIONRJR 461 Lmod use The pra�Osed prVIects would result in the eversion of approa�ly 151 acres of riO to non . cultur l uses. i �eaaur� U- : Prior to issuance of a building permit afar the first quatW of the coed lfilding 'ts far the Westside have been approved, thet sall,ptaavide and flue a phasi and financing plan (to be approved by the City Comcil) for 6ne of the following roitigati measures: (1) Ide#tify acreage at a minimum of 1:1 ratio in kind of appr+oxitnaiely 151 acres of pride farmlzn d (currently not protected or with an easoment) to PWWt in perlietuity as an agricultural use in a location as determined appropris to by the Cit] of Lodi in consultation with the Central Valley Land Trust; or (2) Wide the City Council's approval, comply with the requirements of the County Ag#cultural anitigation program. BMding f The proposed project would convert approxiwatdy 151 acres of Prime 'fa tnd. `le the mitigation measures would result in other farmland being pmorved, the impact would r4sain significant and unavoidable. However, pursuant to Section 2MI(a)(3) of the Public Reso*ces Code, as described in the Statement of Overriding Considendkm, the City has determine# that this impact is acceptable based on specific overriding considerations found herein in Secton 8 below. - : The proposed projects would result in a conflict with existing Agricultural Use and illmscib Act Contraaks. hftlW(a U-3: The applicant shall pay all fees associated with te€nainating a Wil- lianisoi AdContr t. cl_-___�m¢s _fog a : The proposed project would conflict with exi�am ng WilliAct Picts. *hh tapplicant would pay all required fees associates' .with terming a Williamson Act Coact, the proposed project would still result in significatet impact. However, pursuant to Section. 21091(a)€3) of the Public Resources Code, as described in the Statement of Overriding Consid*ations, the City has determined that this impact is acceptable based on specifac overriding Oonsiderations found herein in Section 8 below. 42 TrapsportadenJCircWa&n and Pa rldatg is nodi in the Finalk E1R, the City has the capacity to rhe to a less-tharr-signifrcant Neral the i kpacted intersections ii the pr*ct-related and cumulative condkions. However, as is noted in the R, the City nay dec* not to implement the identified improvement in order to further oliier City General Pian goals. As h, the potential transportation impacts is less -than -significant, but would be significant and unavoidable if the City decides not to implement selected improvements. r4.'WWminjW* u W,A1LTrYVteS W 2707,01-E*t2QA FmMp dM(3)1 2W7) - 18 L ASOOCIATES, INC. SII CI12007 CEQA FINDINGS AND STATEMENT OF OVERRIVING CONSID*KATI0KS LODI ANNEXATION BIR U" nWiart of the proposed project wool significantly impect the level of s#vid-t at fb inWtsectio4 undue tl* Existing with Project scenario. J105-1: Each of the following mWgation measures sdtall be imphmentd to rejace the project's impact an the identified 16 inaersections: ]&: hfitipti* Measure AIR -2 identifies measures recosarnen ded by the SJVAPCD's "Guide fo# Assessing and Mingong Air Qualiay Impacts to reduce vehicle hips and associated stir quality impacts. Isrplenmtation of the same measures would also reduce associated"ffic impacts. The following are considered to be feasible and effective in further re4ocing vehicle trip generation and resulting emissions from the project and shall be iremented to the extent feasible and desired by the City: • ProvidO pedestrian enhancing infrastructure that includes: sidewalks and pedestrian paths, direct pedestrian connections, street trees to shade sidewalks, pedestrian safety designs/infrastructure, street furniture and artwork, street lighting and or pedest4an signaliization and signage. • Provid# bicycle enhancing infrastructure that includes: bikeways/paths connecting to a bi*way system, secure bicycle parking. • Provido transit enhancing infrastructure that includes: transit shelters, benches, etc., street ting, route signs and displays, and/or bus turnouts/bull6. Provid# park and ride lots. The impl#entation of an aggressive trip reduction program with the appmpriate incentives pfor nom -auto travel can reduce project impacts by approximately 10 to 15 percent. *h a reduction would help ninimize the project's impact. lb. The i*lementation of each of the improvements listed in 'fable N.B 6 would reduce the'. impacts to the identified 16 intersections to a ess-than-eignificant level. To mitigate ese impacts, the project applicant spall prepare a Traffic Mitigation Implemenistion and Financing Pian that details each of the physical irnprovennents and the timingnd geometric changes listed in Table IV.B-6 for bath the Existing + Project and Cumulative scenarios (cumulative to address impact TRANS -2), who will be responsibli for implementing the improvement, the applicant's fair share contribution towards dee improvement, how the improvement will be funded including a reimbursement program where appropriate; and the schedule or trigger for initiating and cotileting construction prior to the intersection operation degrading to an unacceptalsle level. The Plan may include an annual monitoring program of the intersectiahs as a method for determining the schedule for implementing each irrproven*nt. The Pian shall take into account whether an improvement is already programr*d and/or funded in a City or County program (i.e., Lodi Development Impact Mitigation Fee Program, San Joaquin County Regional Transportation Impact Fee, Measure K (existing or renewal program), and San Joaquin Council of Governrrxxints Regional Transportation Improvement Program). If an improvement is included in one or more of these programs, the Plan needs to consider whether the programs schedule for the improvement will meet the needs of the project and if not identify alternatives_ The Plan shall be submitted to City staff for review and City Council approval prior to submittal of a Development Plan application. tf. Idriuniflarfp,�CAY.T!'YWESs� 2WN-01-E QA Reding.dw 1311* -MV) 19 LA•SOCIATES, INC. CEQA FINVINCS AND STATEMENT OF OVERRIMING CONSIV46ATIOAS ,4T,CII: 2467 LODI ANNEXATION -XIR Ioplementa"* n of W --sure TRANS -la and TRANS -lb, wcKW mitigate the pr*ct's itttpaet on existing conditions ` to a less -than -significant level. However, the City may decide to not implement select i4wovements in order to avoid trending towards a colommity timet is too orientated to the a le, which would conflict with some of the Generl Plan policies that emphasize pedestri4n scale. Additionally some of the improvements identified are shcrrt-term solutions that the City may not choose to implement if a more significant long-term improvement is being planned (i.e;., reconstruction of the Kettleman Lane/SR 99 interchange). As •a result, the project's impact at carne intersections may be significant and unavoidable if the City chooses not to implenseru the recommended mitigation measure. EWins fW las p*t TRAMS -1: The proposed project would significantly impact' 16 intersections. WhiWthe mitigation measures are available to reduce potentisil impacts to a less- tban-significant level, the City may decide to not implement measures so as to not conflict with some policies of th# General Plan, thus resulting in a significant impact. However, pursuant to Section 2109 1 (a)(3)of the Public Resources Code, as described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable batted on specific overriding cmnsider0ions found herein in Section 8 below_ JaDaft ' ; lm mentationt of the proposed project would significantly impact the LOS at 21 i erns unJer the Cumulative scenario. > l e r . S -J. Implementation of Measure TRANS -la a d TRANS-* would rnEti w the project$ contrib tion to Cumulative condition to a less-dean-sipif cant level at the 21 intersections that would be significantly impacted in the 2030 Cumulative candition. For the intersections that could be nkigated to a less -than significant level, the City may decide to not inplement select i rrovenents in order to avoid trending towards a community that ,is too orientated to the automobile, which would conflict with some of the General Plan policies that emphasize pedestrion scale. Additionally some of the improvements identified are short-term solutions that the Ci#y may not choose to implement if a more significant long-term improvement is being planned (i.e , reconstruction of the Kettleman Lane/SR 99 interchange). Fps for,Jmac 'RAFTS -Z: The proposed project would significantly impact 21 intersections in the cumulative $cenario. While the mitigation measures are available to reduce potential impacts to a less -that -significant level, the City may decided to not implement Twasums so as to not conflict with some policies identified in the General Plan. However, pursuant to Section 21091(x)(3) of the Public Resources Code, as described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable based on specific overriding considerrltions found herein in Section 8 below. 43 Air y Proj related regional emissions would exceed the SJVAPCD threads of ni caerae for ozone *cursors. *jWW Measprd A, TD The SJVAPCD's "Guide for Assessing and Aftigating Air Q"ty rue s» i4entifiest potential mitigation measures for various types of pro*ts. T"e Guide identifies a numbed of measures to further reducing vehicle trip generation and resultiing emissions. The fol wing measures shall be implemented to the extent feasible (it is noted that many of these featuies are already incorporated into the project). rAA" xwn4mrA1CITYYIESaw 200711-01-EIJ-=A F~ s x (3119!3007) 20 4 A A11SOCiATES, INC. - CEQA FINDINGS AND STATEMENT OF OVERR►I11NQ CONSI"RATIONS RCIE 2007 LOhI ANNEXXVION LIR • Provide pod 'an enhancing infrastructure that includes: sidewalks and pedestrian paths, dirt pede n connections, street trees to shade sidewalks, pddestrim safety desiges/infraiOucture, street furniture and artwork, street lighting and or pedestrian signadzation 4nd signage. • Provide bicy#e enhancing infrastructure that includes: bikeways/pallis connecting to a bikcv#Ay systow secure bicycle parking. • Provide transf enhanciog infrastructure that includes: transit shelters, benches, etc., sheet lightiag, routq signs and displays, and/or burs tutnaut&Wbs. • Provide park $ad rice W. Thi pians for ea4 phase of the proposed project shall i enmt these n0aspres to 6e extent feaar$bic and qnvoriate. TU implementation of an aggressive trip reduction ptrogrm with the appropriate incer#ves for non -auto travel can reduce project inVacts by approximately 10 to 15 percent. A reduc on of this magnitude could reduce emissions, however, ozone precursors would still excee# the significance thresholds. There is no mitigation available with currently feasible technola*y to reduce the project's regional air quality impact by an addi iormal 50 percent to a lessa than -significant level. Therefore, the project's regional air quality impacts would remain sigWficaut and unavoidable. ftft . m c : lWlerrtentetion of trip reduction measures, such as provWMg transit facil s, *ew R14 and bicycle enhancing infrastructure, would reduce vsehitle en ions by approximately 10 t# 15 percent. However, this reduction would not be sufficient to reduce ozone precursors to beloq the significance threshold. Only substantially restricting private vehicle use in and around Lodi would reduce this impact to a less -than -significant level. However, such draconian treasures are not socially or politically feasible. There are no other feasible measures that would reduce riehicle enrissions from the project to below the SJVAPCD threshold. Pursuant to Section 21081(a)(3) of the Public Resources Code, as described in the Statement of Overriding Considerations, thea City has determined that this impact is acceptable based on the specific overriding conside*tions found in Section 8 below. 4.4 Nake ,4s is noted in the Fi EIR, the City has the capacity to reduce to a less-thas-sipificant level the plctod iner;ections the erect related and cumulative conditions. However, as is nosed in the 1R, the City Mmay deo not to implement the identified imgrovernemt in order to further other City general Man goals. As such, the potential transportation impacts is less -than -significant, but would be significant and unavoi►bie if the City decides not to imislernent selected improvements. bpt>W NIDI -2: Local traffic would generate long-term noise levels exceeding Normally Acceptable d CankilznCartkionaVy Ace4ptable noise levels on the project site. A 6 -foot -high sound wall shall be constructed; along the rear prop- erty line ofall lots , djaeent to Kettleman Lara-, Lower Sacramento Road and Hmney Lane. I:Ua�lptrian'GYICFI'YVll les AM-0+47QA Maffia .*r (7r141207) 21 L*► ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSID"ATFONS Nq R CII 3009 -EODI ANNEXATION 6IR y� aaure ]Mechanical ventilation (such as air c ondidiani#I�) shall be s"aftd in the propated rMeRAL Itial uults adjacent to Kettleman Lane, Lower SacranOnto Road and Har- ney Lane so that thea inflows can remain closed for prolonged periods of time. Iii e u ' OI- : Windows with a minimum STC ratio# of STC -32 shall be installed in all anits directly *posed to Kettleman Lane, Lower Sacramento Road and Harney Lane. Il gauge me-4wre Ol-2d: A sound barrier with a minimum height of 5 feet is r&osamended for all upper floor outdoor use areas directly adjacent to Kettleman Lane, Lower Sacramento ]toad and Homey L 1ne. Should the City det4rrnine that sound wall and sound barriers are not appropriate or feasible for the prtposed project; the impact would be considered significant and unavoidable. Fadims for 1=44N01-2: Local traffic would generate long-term noise levels exceedh!►g Narnmilly Accepts & and Conditionally Acceptable noise levels on the project site. WbUe the mitigation measures are available to reduce potential impacts to a less-than4gnificant level, the City may decide to 3�ot implement measures so as to created walled communities, thus resulting in a significant impact,. However, pursuant to Section 21091(a)(3) of the Public Resources Code, as described in the Sta*ment of Overriding Considerations, the City has determined that this impact is acceptable based on specific overriding considerations found herein in Section 8 below. 5 Vieoal Resources —Y : The proposed project would degrade the existing visual character. II>fe reV IS -1: No mitigation is available to reduce this significant and uttaw6idable iet. s for InwaAV15-1: The proposed project would result in the conversiaon of band, which would degr a the existing visual character; there are aro mitigation measures agile to reduce this impact ib a less -than -significant level. However, pursuant to Section 21091(a)(3) of the Public 1 esourc* Code, as described in the Statement of Overriding Considerations, the City has determined than this impact is acceptable based on specific overriding considerations found herein in Section 8 below. 46 Grasw1b1pduce0ont 1: 1. Potential growth -inducing impacts associated with the preject's altiility to I&AKe vel*r>mt t* the west if the City decides it wants to grow west. M+1GROWTH-1: No mitigation was identified to reduce this pmenti lly sigp ant ad una dable impact. r3gd4s_fg_l a $QV -1: The proposed project could result in the growth -inducing i� by 1«acilita tg development to the west if the City should decide that it wants to grow to the west. However, Oursuant to Section 21091(a)(3) of the Public Resources Code, as described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable based on specific overriding considerations found herein in Section 8 below. N cimingOagpMCACl7'Y1RF3�a zam-m-wocwA f%aws.mc nr]wzao 22 L$A ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS ]MARCH 2007 LODI ANNEXATION Elk SECTION 5: EFF19CTS DETERMINED TO BE LESS THAN SIGNIFICANT OR NOT SIGNIFICANT'' The City finds that, based upon substantial evidence in the record, as discussed below, the following impacts associated with the project are not significant or less than significant. 5.1 Mineral Resources The City of Lodi General Plan does not identify the project sites as mineral resources. Additionally, the San Joaquin County General Plan does not identify the project sites as significant sand and gravel aggregate resource areas or as generalized aggregate extraction sites. The project sites do not contain known mineral resources, and the majority of the project sites are in active agricultural uses. 5.2 Population, Er *oyment and Housing The City of Lodi Housing Element was adopted by the City in 2004. The Housing Element anticipated the development of the Westside and SW Gateway sites. As such, housing and population impacts were addressed within this Element, and the environmental impacts associated with Population and Housing were addressed in the EIR that was completed for the Housing Element. SECTION 6: SIGNIFICANT CUMULATIVE EFFECTS The cumulative analyses in the Draft EIR utilizes development that is likely to occur under the buildout of the General Plan in addition to specific development projects listed on page 324 of the braft EIR. 6.1 Land Use and Funning Policy The proposed project includes the development of the Westside project site, which is within the City's Sphere of Influence. While the proposed project would develop land that is currently in agricultural production, this land is designated as "Planned Residential" within the City's General Plan. Additionally, the Housing Ele- ment of the General Plan identifies these sites as areas to be developed. As such, the project would not contribute to any significant cumulative land use impacts. 6.2 Transportation, Circulation and Parking As noted in the Draft ISR, 21 intersections would be significantly impacted by the proposed project. However, all the intersection impacts could be reduced to a less than significant level with implementation of the identified mitigation measures discussed in Section N.B of the Draft EIR. However, the City may choose not to implement some of these mitigation measures so as to further certain goals within the General Plan. C3 Air Quality A number of individual projects in the City of Lodi may be under construction simultaneously with the proposed project. Depending on construction schedules and actual implementation of projects in the area, generation of fugitive dust and pollutant emissions during construction may result in short- term air pollutants, which would contribute to short-term cumulative air quality impacts. However, each individual project would be subject to SJVAPCD rules, regulations, and other mitigation requirements during construction. Nvd-P,w9,mVCA+C]TY1RE9W-20M-01-WtiF.QA Fmd p.d-I11]4?A07) 23 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS MARCH 2007 LODI ANNEXATION EIR Currently, the San Joaquin Valley is in non -attainment for ozone, PMIo and PM2.5 standards. Con- struction of the proposed projects, in conjunction with other planned developments within the study area, would contribute to the non -attainment status. Thus, the proposed projects would exacerbate nonattainment of air quality standards within the San Joaquin Valley. Section IV.C, Air Quality, of the Draft EIR, includes a discussion of cumulative and future conditions related to air quality. 6.4 Noise Implementation of the proposed project and cumulative projects would result in noise increase in the City of Lodi due to construction -period activity and increased traffic on City streets. However, noise increases associated with construction of the proposed project would be reduced to a less -than - significant level through the implementation of Mitigation Measure NOISE -1, which would restrict construction activities to daytime hours, reduce unnecessary idling of construction equipment, and require muffling of combustion engines. It is anticipated that cumulative projects in Lodi would incorporate these standard noise -reduction measures and that the project construction would not result in substantial adverse cumulative noise impacts. Cumulative traffic noise is discussed in Section IV.D, Noise, of the Draft EIR. Implementation of the proposed project would not be anticipated to significantly change noise levels. 6.5 Cultural and Paleontological Resources Construction activities associated with the proposed project and cumulative projects could result in significant impacts to unidentified archaeological and paleontological resources, and human remains. However, like the proposed projects, the cumulative projects would be subject to extensive mitigation measures designed to protect unidentified cultural and paleontological resources. Such mitigation would include the monitoring of construction areas and ensuring that the recovery of human remains is reported to the proper authorities. With implementation of the proposed mitigation measures, the proposed projects would not result in any significant and unavoidable impact. The project would not contribute to any significant cumulative cultural and paleontological resources impact. 6.6 Geology, Soils and Seismicity The potential cumulative impact for geology does not generally extend far beyond a project's boundaries, since geological impacts are confined to discrete spatial locations and do not combine to create an extensive cumulative impact condition. The exception to this generalization would occur where a large geologic feature (e.g., fault zone, massive landslide) might affect an extensive area, or where the development effects from the project could affect the geology of an off-site location. These circumstances are not present on the project site, and implementation of the project would not make a considerable contribution to a significant cumulative geologic impact. 6.7 Hydrology and Water Quality The proposed project would result in an increase in impervious surface area and an increase in the amount of storm water generated on the project sites. Construction and operational impacts to stormwater that would result from implementation of the proposed project would be minimized through implementation of the SWPPP. The runoff from the project sites, in combination with other sites, could exceed the capacity of conveyance structures. The project applicant must incorporate design features and show the projects ability to contain and convey stormwater on the project site. It is anticipated that other cumulative projects in Lodi would be required to undergo the same water quality maintenance measures and would not result in cumulative adverse impacts to water quality. N:"dm aimelim"%C1TYQFSWm IOM-01-M-CEQA Fmdinls,dw (3/19fJA7) 24 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS MARCH 2007 LODI ANNEXATION LIR 6S Mole* ad Resources Impacts to biological resources from the proposed project would consist primarily of loss agricultural lands (row crops and orchards) and nonnative grassland, which provide foraging habitat for several special status species, and potential impacts to burrowing owl, Swainson's hawks nesting habitat, and seasonal wetlands. Except for the potential impacts to seasonal wetlands, impacts to biological resources resulting from project implementation will be offset through the City's implementation of the SJMSCP conservation strategy. The SJMSCP conservation strategy was developed in consideration of projected growth in San Joaquin County, and thus was developed to minimize cumulative impacts to SJMSCP covered species. In addition, other projects in the area with similar impacts to biological resources are also likely to implement the SJMSCP conservation strategy. Consequently, with implementation of the SJMSCP conservation strategy, the project will not result in significant cumulative impacts to SJMSCP covered species. Potential project impacts to seasonal wetlands will be minor due to the small area affected, the low habitat value associated with the seasonal wetlands on the project site, and the proposed mitigation that will reduce impacts to a level less than significant. Consequently, although other projects in the area could result in impacts to similar wetlands, the project will not result in significant cumulative affect to seasonal wetlands. 6.9 Hazards and Hazardous Materials As two of several residential developments within the City of Lodi, the project would contribute to increase in the generation of household hazardous wastes in the City. Implementation of the proposed projects would help to ensure that existing hazardous materials contamination on the project site is remediated. Given the residential nature of the proposed projects, it is unlikely that the project would involve the use or storage of large quantities of hazardous materials or waste. The proposed project would not result in significant cumulative hazardous materials impact. li10 Utilities Development of the proposed project, in addition to other future development in the area would cumulatively increase the demand on utility providers and infrastructures in the project area.. None of the various public services or utilities analyzed would experience significant impacts that could not be mitigated to a less -than -significant level. As such, no significant cumulative impact would result. A water analysis has determined that there is enough water to serve the proposed projects. Additionally, there is enough capacity within the City's wastewater system to serve the project site. The proposed project would require the construction of connections to the water system, wastewater system, and storm drainage facilities. The project applicant would he required to pay its fair share to construct any improvements needed to serve the project, and would therefore not contribute to a cumulative impact. 6.11 Public Services Development of the proposed project, in conjunction with planned future area development would cumulatively increase the demand on public services in the project area. None of the public services analyzed would experience significant unavoidable impacts with the implementation of mitigation measures. The proposed project includes a potential site for a future fire station and the City will fund additional fire department staff via the General Fund and other available revenue from the project. The project would result in need for additional police staff to meet service ratios. However, the police NAA,I uUidr&—k CMMTYVIES*< 2OM-01-EIRCEQA Fmdmp.d. (31lgrW7) 25 i.SA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS MARCH 2007 LOD] ANNEXATION EIR department currently does not meet service ratios, and the need for additional staff would result in a fiscal impact, not as a significant environmental impact. In addition to paying applicable school impact fees, acreage is provided within the Westside for school facilities. It is assumed that other cumulative projects would be required to pay school mitigation fees, which would reduce the cumulative impact to school services to a less -than -significant level. 6.12 Visual Resources The proposed project would transform an area that is currently land in agricultural use to residential and public uses. This development would be considered similar in type and density to development immediately adjacent to the west. Removing land in agricultural production and replacing it with residential development would result in a significant and unavoidable visual impact. However, the City of Lodi General Plan identifies the project sites as areas to be developed. As such, the project site would not result in a significant cumulative visual impact. 6.13 Energy Implementation of the proposed project would result in an increase in energy consumption. Demolition and construction activities associated with the project would result in the nonreversible use of energy resources such as fuel and bound energy in the form of construction materials. The installation of the new electrical substation, located on a parcel adjacent to Kettleman Lane, would be designed to accommodate the additional electrical demand of the proposed project. Energy conservation standards contained in the California Code of Regulations (Title 24) for new residential and commercial development would ensure that the new development would be designed to reduce wasteful, inefficient and unnecessary use of electricity. Energy consumed for transportation would be subject to the fuel efficiency standards for vehicles in California, which are designed to reduce wasteful and inefficient energy use in private vehicles. The project would include pedestrian and bicycle design elements to further reduce the consumption of energy for transportation. The inclusion of paries and schools within walkable distances from the resi- dential areas within the project sites would reduce vehicle miles traveled associated with the imple- tnentation of the proposed project. The proposed project would result in an increase in demand for energy, but established State and fed- eral standards are in place to curtail wasteful, inefficient and unnecessary use of energy. SECTION 7: FEASIBILITY OF PROJECT ALTERNATIVES 7.1 Project Alternatives The Draft EIR included four alternatives: the No Project/No Build Alternative, the Agricultural Residential Alternative, the Reduced Density Alternative, and the Increased High Density Alternative. Each of these alternatives discusses on the development of the Westside project site. The City Council hereby concludes that the Draft EIR sets forth a reasonable range of alternatives to the Westside Project so as to foster informed public participation and informed decision making. The City Council finds that the alternatives identified and described in the Draft EIR were considered and further finds them to be infeasible for the specific economic, social, or other considerations set forth below pursuant to CEQA section 21081(c). RAAomWarx—r-AKITY*F-W.e nM-U1-WCEQA A d.X,Aa (3119n007) 26 L. A ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDILIKATIO34S RCI" 3497 LODI ANNEXATION EIR 'l .1 No, Pro*ct/No Ouild- A*rnadve. The No Pro*t/No Build alternative assumes that the +oject sins world genaally remain in their existing conditions and would not be, subject to devel%- *nt. Um*r thk alterr ive, the project sites would not be incorporated into the City of to i, and e$isting agricultural use' of the project site would continue. Tyre would be no structures constructed op the project sites, andi all existing structures would remain. The schools, aquatic center, mks, and perk basins would not be built. Madim. The No Projpct/No Build alternative would not achieve any of the objectives for the esW& project. This :'.alternative would not result in the significant unavoidable envirawmental i*pact related to imple*entation of the project. However, the No Project/No Budd alternative would Wt result in the construction of any housing or recreational facilities. Therefore, the City rejects the 1' o Pr4jectoNo Build alternative. 7*1.2 AplaaltwrW Roodential Alt five. The Agricultural Residential aitemative would retain the agricultural characteir of the project site, and would provide resideotial housing at a density of 1 unit per 20 acres. A dentjity bonus would be granted which would allow 1 additional trait per 10 acres. 'yetis would result in a total of approximately 20 units on the Westside site. Agmultural uses would sill occur on the project site, but the acreage would be reduced so as to accommodate the 20. units. The Westside site would be annexed by the City of Lodi. 'itis alternative would pot include the construction of any schools on the project site. The aquatic enter and some park area would be incorporated into the project site. However, no park/basins would. ft inchxW on the project sites. *9k9s. The Agricult4ral Residential alternative would not achieve the following objectives, of the pioposed project: Wea0de F'Piect. • Develop a diverity of high quality housing types to meet housing needs within the City of Lodi. • Provide afford*e housing options within the City of Lodi_ • Develop a sch� site that would serve future residents of the proposed project as well as Other Lodi resi ts. • Develop an "opot space pedestrian/bicycle central spine" within the project site that connects to recreational god pedestrian amenities further south of the project site. • Provide a site tlpt could accommodate future development of an aquaticcenter. • Provide adequ* basin capacity for storm water detention. 'fie ahereative would Jesuit in the creation of significantly fewer housing wits and recreational cilities. Additionally,this alternative would not provide school sites or the same amount of rwreational facilities. Therefore, tfte City rejects the Agricultural Residential Alternative. *-%d---WM"'CA=TMF9R- 2001-01-116AMQA Fwd.W1 d. (3l19fW) .. 27 1,#A A"OCIAT96, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSID82ATIONS MARCH 2#07 LODI ANNEIATION RIK 10 3 Va RAedeced Dimity AlWm ve. The Reduced Density aketnative would reduce the desnsky the SW Gateway pr t and develop the Westside project site as the proposed project would. Tle es de project woul include 370 low density units, 195 medium density units, and 175 high oknsity units. In addition, the Westside project would include the aquatic center, 20 acres of parks and 1*rkftsin s, and 10.6 a€:res school site. The SW Gateway site would have approximately 681 low *nsly homes, which would average three units per gross acre. The SW Gateway site would include approxirmely 30 acres of parks and park/basins, but would not include a school site. and' . The Reduced Density Alternative would achieve all of the objectives for the Westside ojeo. However, the .project would not achieve the following objectives for the SW Gateway IWoject: Develop a diversity orf high quality housing types to meet housing needs within the City of Lodi. Pmvieie affordable housing options within the City of Lodi. Develop a school s1te that would serve future residents of the proposed project as well as other Lodi residents. Provide adequate boin capacity for storm water detention. *head comop to the proposed project, the Reduced Density alternative would result in a reduction the number of units hnd number of school sites. Therefore, the City rejects the Reduced Density lilte#�rtive. %1.4 Iowenmd Iligh eBsty A terostive. This alternative would change the mix of housing units on tk Westside site. T$e site would have low density units at a density of 3 dwelling units per acre, 4zd high density units a a density of 25 dwelling units per acre. There would be no medium density omits incorporated into the pro*t sites. The Westside project site would include the following componests: 258 low dknsity units (86 acres); 600 high density units (24 acres); one school site; one aquatic cuter; one site for a future fire station; and 20 acres of parks and park/basins. nom' s. The kicrea" High -Density alternative would meet all the objectives and would result in a dental of 858 units. Hor*' ver, this alternative would not provide any medium density housing options. The Housing gement �scasses the desire for a mixed of residential land uses, which this alternative would not provide. Thettefore, the City rejects the Increased High -Density alternative. 1.2 Eavirensw*a* Sqwriar Akernadve CEQA raquires the id' iication of the environmentally superior alternative in an EIR. Of the four Oterntivas analyzed ave, the No Project/No Build alternative is considered the environmentally 4uperior alternative in t ke strict sense that the environmental impacts associated with its inrplementa- tion would be the least of all the scenarios examined (including the proposed project). While this alternative would be eavironmentally superior in the technical sense that contribution to these afore- anentioned impacts wondd not occur, this alternative would not meet many of the project objectives. In cases like this where the No Project/No Build alternative is the environmentally superior aherna- tnve, CEQA requires dW the second most environmentally superior alternative be identified. The Agricultural Residential alternative would be considered the second most environmentally superior alternative. Under this alternative, there would be a reduction in potential land use impacts as the N:Udmwfpr�wolG1C!'TNR IRes 2W'N-01 .CEQA Fndmps.dw43119.2m7) 29 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS MARCH 2007 LODI ANNEXATION RJR majority of the site would remain in agricultural production. This alternative would result in gignifi- cantly fewer trips, and associated air quality emission, than compare to the proposed project. As there would be limited development on the site, the potential impact to biological resources and water quality would be reduced. Additionally, this alternative would create significantly reduced demand on public services and utilities than the proposed project. However, this project would not meet the pro- ject objectives of providing increased residential opportunities is the City of Lodi, as well as provid- ing parks and public facilities. Fnditigs. The City finds that the Agricultural Residential alternative would be environmentally superior to the project, but would not provide increased residential opportunities in the City of Lodi or provide parks and public facilities. Additionally, specific economic, legal, social, technological, or other considerations make this alternative infeasible. Therefore, the City rejects these alternatives, and farther adopts the specific overriding considerations found in Section 8. SECTION 8: STATEMENT OF OVERRIDING CONSIDERATIONS CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a project against its unavoidable risks when determining whether to approve a project. If the specific economic, legal, social, technological or other benefits of the project outweigh the unavoidable adverse environmental effects, those effects may be considered acceptable.' CEQA requires the agency to support, in writing, the specific reasons for considering a project accep- table when significant irapacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record . -5 In accordance with the requirements of CEQA and the CEQA Guidelines, the City finds that the mitigation measures identified in the Final EIR and the Mitigation Monitoring and Reporting Program, when implemented, avoid or substantially lessen many of the significant effects identified in the Draft and Final EIR. To the extent any mitigation measures recommended in the EIR and/or proposed project could not be incorporated, such mitigation measures are infeasible because they would impose restrictions on the project and would prohibit realization of specific economic, social, and other benefits that this City Council finds outweigh the unmitigated impacts. The City Council further finds that except for the proposed project, all other alternatives set forth in the EIR are infeasible because they would prohibit the realization of project objectives and/or of specific economic, social and other benefits the City Council finds outweigh any environmental benefits of the alternatives. Nonetheless, several significant impacts of the project are unavoidable even after incorporation of all feasible mitigation measures. The significant unavoidable impacts are identified and discussed in Section 4 of these Findings. The City further specifically finds that notwithstanding the disclosure of the significant unavoidable impact, there are specific overriding economic, legal, social, and other reasons for approving this. project. Those reasons are as follows: a. The project will develop a diversity of high quality housing types to meet housing needs within the City of Lodi. ° CEQA Guidelines, Section 15093(x) 'CEQA Guidelines, Section 15093(b) N:%Adm nima mlr—A C[TYWESWR 2(8M-01-EM,CEQA Fm&ngcdm (3119RW7) 29 LSA ASSOCIATES, INC. CEQA FINDINGS ANb STATEMENT OF OVERRIDING CONSIDERATIONS MARCH 2007 LODI ANNEEATION.EIR b. The project will provide affordable housing options within the City of Lodi c. The project will provide park areas and recreational uses that help meet park standards within the City of Lodi. d. The project will develop school sites that would serve future residents of the proposed project as well as other Lodi residents. e. The project will develop an "open space pedestrian/bicycle spine" within the project sites that connects to potential recreational and pedestrian amenities further south of the project site. f. The project will provide a site that could accommodate future development of an aquatic center. g. The project will provide adequate basin capacity for storm water detention. h. The project will ensure orderly development pursuant to LAFCO standards. i. The project will facilitate future residential development of these parcels within the City's jurisdiction. j. The project will generate revenue for the City. The City finds that property takes from residential areas are important to the City's revenues in order to maintain and provide services to the community. In addition, the Community Facilities District (CFD) created for this project would insure that the City is not overburdened by public services associated with this project. On balance, the City finds that there are specific considerations associated with the project that serve to override and outweigh the project's significant unavoidable effects. Therefore, pursuant to CEQA Guidelines Section 15093(b), the adverse effects of the project are considered acceptable. N:1Ad-.Wation+CACITYWESW.20079-0I-EMAMQA Fmding,. loc (3119fMM) 30 ATTACHMENT B MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION AND MONITORING REPORTING PROGRAM FOR WESTSIDE PROJECT This Mitigation and Monitoring Reporting Program (MMRP) lists the mitigation measures recom- nwnded in the Lodi Anitexation E1R for the proposed projects and identifies monitoring schedule, relitigation responsibility, and monitoring procedures. Monitoring and reporting details are only provided for mitigation measures necessary to avoid or reduce significant impacts of the project. Table 1 presents the mitigation measures identified for the project. Each mitigation measure is numbered with a symbol indicating the topical section to which it pertains, a hyphen, and the impact number. For example, CULT -3 is the third mitigation measure identified in the Cultural and Paleon- tological Resources analysis. The first column of Table 1 provides the mitigation measure(s) as identified in Chapter N of the Draft EIR for the proposed project. The second column identifies the monitoring schedule. The third column, "Mitigation Responsibility," identifies the party(ies) responsible for carrying out the required action(s). The fourth column, "Monitoring Procedures," identifies the party(ies) ultimately responsi- ble for ensuring that the mitigation measure is implemented. N -.WA ni"xinnXCA1CITYVMSW 2OM-0I-EIR-Atibch=tA-Mt&NkmltMn,.es Oil9f2007) I.SA ASSO(". I.a TFc, IN(' MARCH 2007 Table 1: Mitiaation Monito ritlt;e and Rwa rtim Prorsm MITIGATION AND MONITORING REPORTING PROGRAM LOD1 ANNEXATION EIR N.Ud—,WN—NCA1CITY1RESWR 2n0?%I (11-EIR(311412007) Mi atian MonitoringRe rtin Mordtoring Mild"tlon Date/ Mitigation Measures Sc w"e Maidtorins Prraeedure Con3ments Ietidials A. LAND USE AGRICULTURE AND PLANMNG. POLICY LU -1: To reduce agricultural/residential land use incompati- Prior to approval of Applicant The project applicant shall pre- bilities, the following shall be required: Tentative Map(s) and pare: a. The applicamt shall inform mrd nryt fy prospective Lycra 000"islim of Final a) A dkeho rt ria6 a iem in writing, prior to purchase, about existing and on-going Map(s) regarding the existing agri- agricultural activities in the immediate area in the form cultural activities which must of a disclosure statement. The notifications shall disclose he reviewed and approved by that the residence is located in an agricultural area sub- the Commmity Development ject to ground and aerial applications of chemical and Department and signed by early morning or nighttime farm operations which may each prospective owner; create noise, dust, et cetera. The language and format of b) Tentative maps that show such notification shall he reviewed and approved by the suitable design and instal - City Community Development Department prior to rec- lation of a landscaped open ordation of final map(s). Each disclosure statement shall space buffer area, fences, he recorded at the County Recorder's Office and ac- and/or walls that minimize knowledged with the signature of each prospective conflicts between residential owner. Additionally, each prospective owner shall also uses and existing agricultural be notified of the City of Lodi and the County of San operations; and Joaquin Right -to -Farm Ordinances. c) A detailed wall and fencing b. The conditions of approval for the tentative map(s) shall plan for review and approval include requirements ensuring the approval of a suitable by the Community Devel- design and the installation of a landscaped open space opment Department. buffer area, fences, and/or walls around the perimeter of the project site affected by the potential conflicts in land use to minimize conflicts between project residents, non- residential uses, and adjacent agricultural uses prior to occupancy of adjacent houses. c. Prior to recordation of the final map(s) for homes adja- cent to existing agricultural operations, the applicant shall submit a detailed wall and fencing plan for review and approval by the Community Development Depart- ment. N.Ud—,WN—NCA1CITY1RESWR 2n0?%I (11-EIR(311412007) LSA ASSOCIATES, INC MARC" 2007 Table I Continued MITIGATION ANT) MONITORING REPORTING PROGRAM LODI ANNEXATION FIR N.UdminiAra1i %CA1CITY1RES)Res 200711.01-EIR.AIIIIChi (A-MiI&Mmilaing.dm(311912W7) 3 Mifi alion Monitorin Re ord _ Moailarin Win+ _ Date) Mitigation Measures Sce Ragmnitsibility Monitoring Procedure Comments Initials Mitigation Measure LU -2: Prior to issuance of a building prior to ismance of a Applicant The applicant shall either: permit after the first quarter of the building permits for the building permit after the I ) Identify prime farmland to Westside project have been approved, the applicant shall first quarter of the protect for in perpetuity as provide and undertake a phasing and financing plan (to be combined Westside and determined appropriate by approved by the City Council) for one of the following SW Gateway building the City of Lodi, or mitigation measures: permits have been approved. (1) Identify acreage at a minimum ratio of 1:1 in kind 2) Participate in the County (approximately a total of 1.51 acres of prime farmland Agricultural Mitigation pro - (currently not protected or within an easement) to protect in gram perpetuity as an agricultural use in a location as determined appropriate by the City of Lodi in consultation with the Central Valley Land Trust; or (2) With the City Council's approval, comply with the requirements of the Coun!y Agricultural Mitigation pro ram. LU -3: The applicant shall pay all fees associated with termi- Prior to issuance of Applicant The applicant shall pay all fees nating a Williamson Act Contract, building permits for associated with terminating a structures on parcels with Williamson Act contract active Williamson Act Contracts B. TRAFFIC AND CIRCULATION TRANS -1: Each of the following mitigation measures shall Prior to Tentative Applicant The project applicant shall: be implemented to reduce the project's impact on the identi- Subdivision Map 1) Implement the identified fied 15 intersections: approval vehicle trip generation and la: Mitigation Measure AIR -2 identifies measures recom- resulting emission desired by mended by the SJVAPCD's "Guide for Assessing and the City; and Mitigating Air Quality Impacts to reduce vehicle trips and 2) Prepare a Traffic Mitigation associated air quality impacts. Implementation of the same Implementation and Financ- measures would also reduce associated traffic impacts. The ing Plan (for review and following are considered to be feasible and effective in approval by the City/City further reducing vehicle trip generation and resulting Council) and implement the emissions from the project and shall be implemented to the identified improvements. extent feasible and desired by the Ci : N.UdminiAra1i %CA1CITY1RES)Res 200711.01-EIR.AIIIIChi (A-MiI&Mmilaing.dm(311912W7) 3 LSA Ass OcrATES, INC. MA R('R ZA07 Table 1 Continued MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNEXATION EIR N,IAAmm,,1,,[in WMr.M%ES%Res 290711.91-EIR-Allxhmt A-Mil&Mnnilmng &c (3/19f20(17) `� Miti anon Monitarin Re rtinit Motdtwing M Watien Il *W Mitigation Measures sdwme M Procedure Comments Initials • Provide pedestrian enhancing infrastructure that includes: sidewalks and pedestrian paths, direct pedestrian connec- tions, street trees to shade sidewalks, pedestrian safety designs/infrastructure, street furniture and artwork, street lighting and or pedestrian signalization and signage. • Provide bicycle enhancing infrastructure that includes: bikeways/paths connecting to a bikeway system, secure bicycle parking. • Provide transit enhancing infrastructure that includes: transit shelters, benches, etc., street lighting, route signs and displays, and/or bus tumoutstbulbs. • Provide park and ride lots. The implementation of an aggressive trip reduction program with the appropriate incentives for non -auto travel can reduce project impacts by approximately 10 to 15 percent. Such a reduction would help minimize theproject's impact. lb: The implementation of each of the improvements listed in Table TV, B-6 would reduce the impacts to the iden- tified 16 intersections to a less -than -significant level. To mitigate these impacts, the project applicant shall prepare a Traffic Mitigation Implementation and Financing Plan that details each of the physical improvements and the timing and geometric changes listed in Table IV.B-6 for both the Existing + Project and Cumulative scenarios (cumulative to address Impact TRANS -2), who will be responsible for implementing the improvement, the applicant's fair share contribution towards the improve- ment, how the improvement will be funded including a reimbursement program where appropriate; and the schedule or trigger for initiating and completing con- struction prior to the intersection operation degrading to an unacceptable level. The Plan may include an annual monitoring program of the intersections as a method for determining the schedule for implementing each im- provement. The Plan shall take into account whether an N,IAAmm,,1,,[in WMr.M%ES%Res 290711.91-EIR-Allxhmt A-Mil&Mnnilmng &c (3/19f20(17) `� I.SA ASSOCIATES, INC, AWA Rr11 2807 Table I Continued MITIGATION AND MONITORING REPORTING PROGRAM LOD1 ANNEXATION EIR N44dminisv�uirntCA[CITYV1E51Ru 2[7[InfAf-EfR-A[ladimz[A-hfi[ANfnvumg.iA�c {aJl92tb7y Mltiigation Moritorin Reporti Me1*Wng Mtopa" Date/ Mitigation Measures Schedule ResponsiWility Monitori Procedure Comments Initials improvement is already progranuned and/or funded in a City or County program (i.e., Lodi Development Impact Mitigation Fee Program, San Joaquin County Regional Transportation Impact Fee, Measure K (existing or re- newal program), and San Joaquin Council of Govern- ments Regional Transportation Improvement Program). If an improvement is included in one or more of these programs, the Plan needs to consider whether the pro- grams schedule for the improvement will meet the needs of the project and if not identify alternatives. The Plan shall he submitted to City staff for review and City Council approval prior to submittal of a Development Plan application. Implementation of Measure TRANS -la and TRANS -]b, would mitigate the project's impact on existing conditions to a less -than -significant level. However, the City may decide to not implement select improvements in order to avoid trending towards a community that is too orientated to the automobile, which would conflict with some of the General Plan policies that emphasize pedestrian scale. Additionally some of the improvements identified are short-term solutions that the City may not choose to implement if a more signif- icant long-term improvement is being planned (i.e", recon- struction of the Kettleman Lane/SR 99 interchange). As a result, the project's impact at some intersections maybe significant and unavoidable if the City chooses riot to imple- ment the recommended mitigation measure. TRANS -2: Implementation of Measure TRANS -1 a and Prior to Tentative Applicant The project applicant shall: TRANS -lb, would mitigate the project's contribution to Subdivision Map 1) Implement the identified Cumulative condition to a less -than -significant level at the approval vehicle trip generation and 19 intersections that would he significantly impacted in the resulting emission desired by 2030 Cumulative condition. For the intersections that could the City; and be mitigated to a less -than significant level, the City may 2) a Traffic Mitigation decide to not implement select improvements in order to I Implementation and Financ- mplem avoid trending towards a community that is too orientated to Ing Plan (for"review and the automobile, which would conflict with some of the approval by the City/City General Plan policies that emphasize pedestrian scale. N44dminisv�uirntCA[CITYV1E51Ru 2[7[InfAf-EfR-A[ladimz[A-hfi[ANfnvumg.iA�c {aJl92tb7y LSA ASSOCIATES, INC. MITIGATION AND MONITORING REPORTING PROGRAM MARCH 211117 LORI ANNIEXATION R.II Table 1 Continued NAAdania=1.ICAICn-f%gBS1W2007H-01-EIR-A[tKh LA-MII&M.Olmns d-0119AW7) " ME > Meat Additionally some of thein*MvGNWUU kWU iW We *W- W- Co ll i ewlw the term solutions that the City may not choose to implement if a identified improvements. more significant long-term improvement is being plumed (i.e., reconstruction of the Kettleman Lane/SR 99 inter - C. Alit QUALITY ATR -la: Consistent with Regulation Vlll, Fugitive PM 14 During demolition, Construction City of L*& Butkbng Division Prohibitions of the SJVAPCD, the following controls are grading and construction Manager staff, as aWropriate, shall .peri - required to be implemented at all construction sites and as oddly ddt[srift VAth emstruction specifications for the project. representatives to ensure they • All disturbed areas, including storage piles, which are not comply with this requirement. being actively utitized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. • All on-site unpaved roads and off-site unpaved access roads shalt be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. • All land clearing, grubbing, scraping, excavation, land . leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by prmsoaldlig. • With the demolition of buildings up to six stories in height, all exterior surfaces of the building shall be wetted during dernalition. • When materials are transported off-site, all material shall be covered, or effectively wetted to lits[ visible dust emissions, and at least six inches of freeboard space from the top of the container shall be n**Oned. NAAdania=1.ICAICn-f%gBS1W2007H-01-EIR-A[tKh LA-MII&M.Olmns d-0119AW7) " LSA ASSOCIATES, INC. MARCH 2007 Table l Continued MITIGATION AND MONITORING RIPORTrNG PROGRAM LODI AF4"XxAT3ON BIR NAAchninirrMimriCA1CITYWFSMR 2wnr-0t-EIR-An%cb=IA.?M&Mmita"g.dw(3/19fXn 7 NhWhoft Now" MlUsatim mummeIniffsh • All operations shall limit or expedWalWy reva°M ft accumulation of mud or dirt from adjacent public streets at the end of each workday. ('file use of dry rotary brushes is may, panied by sufficient wetting to limit the visible dam emis- sions. Use of blower devices is expressly forbidden.) • Following the addition of materials to, or the removal of materials from, the surface of outer storW piles, sled piles shall be effectively stabilized of fugitive dust emis- sion utilizing sufficient water or chemical stabi- lizer/suppressant. • Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. • Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. A : Construction of the project requires the implementation of control treasures set forth under Regulation VITT. The following additional control measures would further reduce construction emissions and should be implemented with the project: • Limit traffic speeds an unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than I percent; • Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site; • Install wind breaks at windward side(s) of Construction area: • Suspend excavation and grading activity when winds exceed 20 mph (regardless of windspeed, an owner/operator must comply with Regulation VIII's 20 percent opacity limitation); NAAchninirrMimriCA1CITYWFSMR 2wnr-0t-EIR-An%cb=IA.?M&Mmita"g.dw(3/19fXn 7 LS A59 OCI ATPS, INC. MARCH 20H Table 1 Continued MITIGATION AND MONITORING RKPORTING PROGRAM LODI ANNRXATION EIR NNAminisitmimlcAICIrY1RE.S%Rm2O(171(-01-ErR.All hb=IA-P&&KM itmngdue(V19/M?) Q 11 Mita anon Measures o • Limit area excavatwn, &radii%„ and other construction activity at any one time; • Install baserock at entryways for all exiting trucks, and wash off the tires or tracks of all trucks and egUlptt in de&r�rlStetl ar+ees bEIOrIC �tYlrlg t�tC Sete; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 20 mph. AIR -1h : The following consuvetim mcnt Mitipion measures are to be implemented at construction sites to reduce construction exhaust emissions: • Use electric equipment for construction whenever possible in lieu of fossil diel -fired equipment; • Properly and routinely maintain all construction equip- ment, as recommended by the manufacturer manuals, to control exhaust emissions; • Shut down equipment when not in use for extended peri- ods of time to reduce emissions associated with idling emissions; • Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; and • Curtail construction during periods of high ambient pollut- ant concentrations; this may include ceasing of construc- tion activity during the peek -hear of vahkalar traffic on adjacent roadways, and "Spare The Air Days" declared by the District. Implementation of these mitigation measures would reduce constnK i m period air qualky impacts to a less -than -significant level. NNAminisitmimlcAICIrY1RE.S%Rm2O(171(-01-ErR.All hb=IA-P&&KM itmngdue(V19/M?) Q LSA ASSOCIATF,S, INC. MARCH 2067 Table I Continued MITTGATION AND MONTTORING REPORTTNG PROGRAM LOW ANNEXATTON E1R N:�Adminisrraiion�CA�CSTI'�RF:StiRe. 2oo7t[-OI.EtR-AtsachrrntA-Mie&MoniinnnR.dnc (7�191I067I Mitl atiole Mottitorit ftporting Date/ Mitigation Measures le ResmnsWity MonitoriftProcedure Comments Initials AIR -2: The S]VAPCD's "Guide for Assessing amd Prior to tentative map Applicant City staff verifies that reduced Mitigating Air Quality Impacts" identifies potential approval vehicle trip generation measures mitigation measures for various types of projects. The Guide have been incorporated into the identifies a number of measures to further reducing vehicle Tentative Map. trip generation and resulting emissions. The following measures shall he implemented to the extent feasible (it is noted that many of these features are already incorporated into the project). • provide pedestrian enhancing infrastructure that includes: sidewalks and pedestrian paths, direct pedestrian connec- tions, street trees to shade sidewalks, pedestrian safety design s/infrastructure, street furniture and artwork, street lighting and or pedestrian signalization and signage. • Provide bicycle enhancing infrastructure that includes: hikeways/paths connecting to a bikeway system, secure bicycle parking. • Provide transit enhancing infrastructure that includes: transit shelters, benches, etc., street lighting, route signs and displays, and/or bus turnouts/bulbs. • Provide park and ride lots. The plans for each phase of the proposed project shall implement these measures to the extent feasible and appropriate. The implementation of an aggressive trip reduction program with the appropriate incentives for non auto travel can reduce project impacts by approximately 10 to 15 percent. A reduction of this magnitude could reduce emissions, however, ozone precursors would still exceed the significance thresholds. There is no mitigation available with currently feasible technology to reduce the project's regional air quality impact by an additional 50 percent to a less -than - significant level. Therefore, the project's regional air quality impacts would remain significant and unavoidable. N:�Adminisrraiion�CA�CSTI'�RF:StiRe. 2oo7t[-OI.EtR-AtsachrrntA-Mie&MoniinnnR.dnc (7�191I067I LSA ASSOCIATFS, INC. MITIGATION AND MONITORING REPORTING PROGRAM MARCH 2067 LO➢1 ANNEXATION EIR Table 1 Continued N,%Admini�. ­%CAUTYQRSQm 2007U.0 I-EIR.AitaxhtmSA-Mit&Mmitmng.da [3119n0073 10 Miti tion Monitorin Re in M acing M Date) Mitigation Measures Schedule nMihilit Monitori Procedure Comments Initials D. NOISE N0I-1a: Construction activities would need authorization During demolition, Construction City staff verifies that construc- under City issuance of construction permits before any work grading and construction Manager tion activities occur during the could commence on-site. Construction activities shall be allowed hours of construction limited to the hours of 7:00 a.m. to 10:00 p.m. Monday activities. through Sunday, consistent with the City's Ordinance. NOI-lb: All stationary noise generating construction equip- ment, such as air compressors and portable power generators, shall he located as far as practical from existing residences. By meeting the hours of construction timeframe and mini- mizing noise from stationary construction equipment, the project will not result in a substantial temporary or periodic increase in ambient noise levels. NOI-2a: A 6 -foot -high sound wall shall be constructed along Prior to issuance of a Construction City staff shall verify that identi- the rear property line of all lots adjacent to Lower Sacra- certificate of occupancy Manager fied mitigation measures have mento Road. been incorporated into the project plans. - _ -- N0I-2b: Mechanical ventilation (such as air conditioning) shall he installed in the proposed residential units adjacent to Lower Sacramento Road so that the windows can remain closed for prolonged periods of time. N01 -2c: Windows with a minimum STC rating of STC -32 shall be installed in all units directly exposed to Lower Sacramento Road. N0I-2d: A sound barrier with a minimum height of 5 feet is recommended for all upper floor outdoor use areas directly adjacent to Lower Sacramento Road. Should the City determine that sound wall and sound barriers are not appropriate or feasible for the proposed project, the impact would be considered significant and unavoidable. N,%Admini�. ­%CAUTYQRSQm 2007U.0 I-EIR.AitaxhtmSA-Mit&Mmitmng.da [3119n0073 10 LSA ASSOCIATES. INC. MARCH 2067 Table 1 Continued Measures E. CULTURAL AND Mew"rift CULT -1: Implementation of either Mitigation Measure Prior to ground distur- CULT-1 a or CULT -lb would reduce this impact to a less- bance or construction than -significant level. In order to avoid possible work stop- activities page and project delays at the location of the resource, imple- mentation of Mitigation Measure CULT -1(a) is the recom- mended alternative. The mitigation measure selected, how- ever, shall be determined by the lead agency. 1a. Prior to the initiation of any project ground disturbance or any construction activities within 50 feet of archaeo- logical site LAN -1, it shall be recorded on the appropri- ate State of California Department of Parks and Recrea- tion DPR 523 forms. Prior to ground disturbance at this location, a qualified historical archaeologist shall evalu- ate the site for its eligibility for listing in the California Register, An evaluation shall include archival research and subsurface archaeological testing. If the site is deter- mined to not be eligible for listing in the California Reg- ister, no further study or mitigation of the site is required. Shall the site or intact features within the site be found to be a historic or unique archaeological resource as defined under CEQA, project related impacts to the site shall be mitigated. if the deposits are eligible, they shall be avoided by adverse effects, or, if avoidance is not feasi- ble, the adverse effects shall be mitigated. Mitigation may include, but is not limited to data recovery exca- vation. If data recovery excavation is appropriate, the excavation must be guided by a data recovery plan pre- pared and adopted prior to beginning the data recovery work. A report of findings shall be submitted to the pro- ject applicant, the City of Lodi, and the Central Cali- fornia information Center (CCR Title 14(3) § 15126.4(b)(3)(C)). This approach would reduce this impact to a less -than -significant level, lb. Prior to any project activities within 50 feet of archaeo- logical site LAIN- I, it shall be recorded on the appropri- Project Archaeologist MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNEXATION EIR City staff shall verify that proper documentation and monitoring of the identified archaeological site. Data Initials N:Udjnin�.ir:a��nu;Ati<'ITY7RE54ReR 20075f-0I-F.IR-A�tnchrtniA-MiikMr:n�i�ng,dre (7119f2G67) 1 1 LSA ASSOCI A TF. S. IN!MITIGATION AND MONITORING REPORTING PROGRAM MARCH 2W LODI ANNEXATION FIR Table 1 Continued N.SAdm, niwmimKrA\CTTnRiS%Re, 20ftAT-61.61R-ArwhMtA-W&Mmiinnng.dn (3/19/247) 12 M# ion Monitori R Moniiering _ 14108"llnn Date/ Mitigation Measures Schedule Resvonsibility Monitorin& Procedure Comments Initials ate State of California Department of Parks and Recrea- tion DPR523 forms. A qualified archaeologist shall monitor ground disturbing activities within 50 feet of LAN -1 in the Westside project area. Project activity shall cease in the immediate vicinity of a subswfam tend ted .the discovery evaluated and appropriate treatment op- tions developed. Archaeological monitors shall be empowered to halt con- struction activities at the location of the discovery to review possible archaeological material and to protect the resource while the finds are being evaluated. Monitoring shall continue until, in the archaeologist's judgment, cultural resources are not likely to be encountered. If subsurface historic archaeological deposits, e.g., wells, privies, and foundations, are encountered during project activities, all work within 25 feet of the discovery shall be redirected until the archaeological monitor can evalu- ate the finds and make recommendations. It is recom- mended that adverse effects to archaeological discoveries be avoided by project activities. If such deposits cannot be avoided, they shall be evaluated for their eligibility for listing on the California Register (i.e., it shall be deter- mined whether they qualify as historical or unique ar- chaeological resources under CEQA). If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible, they shall be avoided by adverse effects, or, if avoidance is not feasible, the adverse effects shall be mitigated. If data recovery excavation is appropriate, the excavation must be guided by a data recovery plan pre- pared and adopted prior to beginning the data recovery work. A report of findings shall be submitted to the project applicant, the City of [Jodi, and the Central Cali- fornia Information Center (CCR Title 14(3) § 151.26.4(b)(3)(C)). It is anticipated that this approach will reduce this im act to aless-than-si ificant levei. N.SAdm, niwmimKrA\CTTnRiS%Re, 20ftAT-61.61R-ArwhMtA-W&Mmiinnng.dn (3/19/247) 12 (SA A.SSOCIATF.S, IN(' MARCH 2007 Table I Continued MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNEXATION Elft N. V stminixtr;nnmlCAH_ITYIRF.S1Res 2o07ll-n1-EIR-AnachmniA-Met&Memitmng doe 1�/t x/1.007) 13 Mid tion MOM orin R artier Moir lag ]#Hti# iQn Date/ Mitigation Measures S ule Res ibWJI Monitorins Procedure Comments Initials CULT -2: If prehistoric or historic archaeological materials are encountered during project activities, all work within 25 During demolition, grading, and construction Construction Manager City staff shall visit the site and review findings should prehis- feet of the discovery shall be redirected and a qualified toric or historic archaeological archaeologist contacted to evaluate the finds and make rec- materials be identified onsite. ommendations. it is recommended that adverse effbeft to such deposits be avoided by project activities. If such depos- its cannot he avoided, they shall be evaluated for their eligi- bility for listing on the California Register (i.e., it shall be deter- mined whether they qualify as historical or unique archaeo- logical resources under CEQA). If the deposits are not eligi- ble, avoidance is not necessary. If the deposits are eligible, they shall he avoided by adverse effects, or, if avoidance is not feasible, the adverse effects shall be mitigated. Mitigation may include, but is not limited to, thorough re- cording on Department of Parks and Recreation form 523 records (DPR 523) or data recovery excavation. If data recovery excavation is appropriate, the excavation must be guided by a data recovery plan prepared and adopted prior to beginning the data recovery work, and a report of findings shall be submitted to FCB, the City of Lodi, and the Central California Information Center (CCR Title 14(3) §I5126.4(b)( )(C))• __..-. CULT -4: If human remains are encountered, work within 25 During demolition, Construction City staff shall review and verify feet of the discovery will he redirected and the County Coro- grading and construction Manager that proper documentation and net notified immediately. At the same time, an archaeologist actions should human remains be will be contacted to assess the situation. If the human re- identified. mains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Upon completion of the assessment, the archaeologist shalt prepare a report documenting the methods and results, and provide recommendations for the treatment of the human N. V stminixtr;nnmlCAH_ITYIRF.S1Res 2o07ll-n1-EIR-AnachmniA-Met&Memitmng doe 1�/t x/1.007) 13 LSA ASSOCIATES, INC, MARCH 2067 Table 1 Continued MITIGATION AND MONITORING REPORTING PROGIIAM LODI ANNEXATION EIR N'.SAdrmn,strxl %CAUTY)RE51Ra 2067U.Of-EIR-Aiiwb tA.Mit&MmitnMg.dx(3119QW7) 14 mWaga"M _ artle Motoring Date/ Mkigatimr Measures MY H2MLt_ori5& Procedure Comments Initials remains and any associstted cultural materials, as appropriate and in coordination with the recommendations of the MLD. The report shall be submitted to the project applicant, the City of Lodi, and the Central California Information Center. It is anticipated that implementation of Mitigation Measure CULT -4 will reduce impacts to human remains to less -than - significant levels. CULT -S: If ground disturbing activity is anticipated below Daring ground disturbing Project Pale- City staff shalt verify that pre - the project area soil layer, the initial ground disturbance activities below the ontologist field monitoring preparation has below that depth in geologic units shall be monitored by a project area soil layer occurred and that the recom- qualified paleontologist. Subsequent to monitoring this initial mendations have been incorpo- ground distur-+bance, the qualified paleontologist will matte rated into the proposed project. recommendations regarding further monitoring based on the initial findings. This can include, but is not lim ted to, continued monitoring, periodic reviews of ground disturbance below project area soil layers, or no further monitoring. Pre -field monitoring preparation by a qualified paleontolo gist shall take into account specific details of project construction plans as well as information from available paleontological, geological, and geotechnical studies. Limited subsurface investigations may be appropriate for defining areas of paleontological sensitivity prior to ground disturbance. N'.SAdrmn,strxl %CAUTY)RE51Ra 2067U.Of-EIR-Aiiwb tA.Mit&MmitnMg.dx(3119QW7) 14 LSA ASSOCIATES. INC MARCH 2007 Table 1 Continued MITIGATION AND MONITORING REPORTING PROGRAM LOPI ANNEXATION EIR N: W Aminiairmim'CA!i'17YViF_55Ra Z(X711-01E[RAiia�hm,tA-Mi��M<niinnnp.d[c {3i19t1J%17Y 15 Mitigation Monitoring Rei orcin Monitoring Mitigation Date/ Mitigation Measures Schedule Responsibility Monitoring Procedure Comments Initials If paleontological resources are encountered during project activities, all work within 25 feet of the discovery shall be redirected until the paleontological monitor has evaluated the resources, prepared a fossil locality form documenting them, and made recommendations vegan ing their treatment. if paleontological resources are identified, it is recommended that such resources be avoided by project activities. Paleontological monitors must be empowered to halt construction activities within 25 feet of the discovery to review the possible paleontological material and to protect the resource while it is being evaluated. if avoidance is not feasible, adverse effects to such resources shall be mitigated. Mitigation can include data recovery and analysis, prepara- tion of a report and the accession of fossil material recovered to an accredited paleontological repository, such as the UCMP. Monitoring shall continue until, in the paleontologist's judgment, paleontological resources are no longer likely to he encountered. Upon project completion, a report shall be prepared documenting the methods and results of monitor- ing. Copies of this report shall be submitted to the project applicant, the City of Lodi Planning Department, and to the repository where fossils are accessioned. _ F. GEOLOGY, SOUS AND SEISMICITY EG O -la: Each project's conditions of approval shall require Prior to approval of Project The City staff shall verify that the the project be designed according to the most recent CBC grading plans Architect/ project meets the most recent and UBC Seismic Zone 3 requirements, applicable local Engineer CBC and UBC Seismic 3 re - codes, and be in accordance with the generally accepted quirements, and that the design - standard for geotechnical practice for seismic design in level geotechnical investigation Northern California. recommendations are incorpo- rated into the construction and grading plans N: W Aminiairmim'CA!i'17YViF_55Ra Z(X711-01E[RAiia�hm,tA-Mi��M<niinnnp.d[c {3i19t1J%17Y 15 LSA ASSOCIATES, INC. MARCH 21167 Table 1 Continued MITIGATION AND MONITORING REPORTTNG PROGRAM LODI ANNEXATION £IR aR Maed ----- N.1AAemniarexirnrAICTTYV+ES1Ru 201171T-01-ETR-Aeerchttn[A-Mie&Mm7taingi3ll972po71 16 Rewdil Manite�fng D&W Mftigs6m Mewmres ale t Mani Procedure Comments Initials GEO-Ib: Prior to the approvat of grading plans, the project applicant shall perform design -level geotechnical investiga- tions and incorporate all recommendations into the project GEO-2: If the project includes buried metal components, a Prior to issuance of a Project City staff shall verify that a corrosion engineer shall be retained to design corrosion building permit Engineer design corrosion protections protection systems appropriate for the project sites to be system has been incorporated into �ftmyed by the CgT"aii P ment. theproposedprqiqrt, if r wired. G. HYDROLOGY AND WATER QUALYrY HYD -1; Implementation of the following two-part mitiga- Prior to approval of final Project Appli- City staff shall verify that the tion measure would reduce potential impacts associated with grading and drainage cant(Project Master Utility Ulan complies with increased peak runoff volumes to a less -than -significant pians Engineer the City's storm water require - level: ments la: As a condition of approval of the final grading and drainage plans for the projects, the Public Works depart- ment shall verify that the Master Utility Plan for the Westside site will comply with the City's stormwater requirements. ib: Prior to the approval of the final grading and drainage plans for the Westside projects, a hydraulic analysis shall be provided to the Public Works Department for verification that implementation of the proposed drain- age plans would comply with the City's storm water requirements. _ N.1AAemniarexirnrAICTTYV+ES1Ru 201171T-01-ETR-Aeerchttn[A-Mie&Mm7taingi3ll972po71 16 LSA ASSOCIATES, fNC. MARC'If 2007 Fable i Continued MITIGATION AND MONITORING REPORTING PROGRAM LOO{ ANNEXATION FIR N:1AdMI—OrMi CWTTYWF44Res 2007141 -EIR - At te h=iA- Ulf &Mm0t gds f3/10/2%71 17 M1tI ett" Monitotin R orcin 1Vleni oOng 1t ttign Date/ Mitigation Measures sebod"lle t MaWtoring Procedure Comments Initials HYD -2: The project proponent for each development project Prior to Construction Project Appli- The City Public Works Depart - shall prepare a Storm Water Pollution Prevention Plan cant/Project ment shall review and approve (SWPPP) designed to reduce potential impacts to surface Engineer the SWPPP and drainage plan water quality through the construction period of the pwjwt. prior to approval of the grading The SWPPP must he maintained on-site and made available plan. to City inspectors and/or RWQCB staff upon request. The SWPPP shall include specific and detailed BMPs designed to mitigate construction -related pollutants. At minitnum, BMPs shall include practices to minimize the contact of construc- tion materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with storm water. The SWPPP shall specify properly designed central- ized storage areas that keep these materials out of the rain. An important component of the storm water quality protec- tion effort is the knowledge of the site supervisors and work- ers. To educate on-site personnel and maintain awareness of the importance of storm water quality protection, site super- visors shall conduct regular tailgate meetings to discuss pollution prevention. The frequency of the meetings and required personnel attendance list shall be specified in the SWPPP. The SWPPP shall specify a monitoring program to he imple- mented by the construction site supervisor, which must include both dry and wet weather inspections. In addition, in accordance with State Water Resources Control Board Resolution No. 2001-046, monitoring would he required during the construction period for pollutants that may be present in the runoff that are "not visually detectable in run- off." RWQCB and/or City personnel, who may make unan- nounced site inspections, are empowered to levy consid- erable fines if it is determined that the SWPPP has not been ro erl prepared and implemented. N:1AdMI—OrMi CWTTYWF44Res 2007141 -EIR - At te h=iA- Ulf &Mm0t gds f3/10/2%71 17 LSA ASSOCFATFs. rNr MITIGATION AND MONITORING REPORTING PROGRAM MARCtI 21197 LORI ANNEXATION EIR Table l Continued N.�hAminisirMimlf:AU'ITl'1RF,i�ReR 2f)<1711�7iF,1RAtlsch,mtA-Mil&MmitnringMx (3119R007S -- _- 18 M10 tion Monitors Manitoring Magation Date/ Mitigation Measures Schedule Res nsi 'lit Monitor -in -Procedure Comments Initials BMPs designed to reduce erosion of exposed soil may include, but are not limited to., soil stabilization controls, watering for dust control, perimeter silt fences, placement of hay hales, and sediment basins. The potential for erosion is generally increased if grading is performed du ttg the rainy season as disturbed soil can be exposed to rainfall and storm runoff. If grading must be conducted during the rainy season, the primary BMPs selected shall focus on erosion control; that is, keeping sediment on the site. End -of -pipe sediment control measures (e.g., basins and traps) shall be used only as secondary measures. if hydroseeding is selected as the pri- mary soil stabilization method, then these areas shall be seeded by September 1 and irrigated as necessary to ensure that adequate root development has occurred prior to October 1. Entry and egress from the construction site shall be care- fully controlled to minimize off-site tracking of sediment. Vehicle and equipment wash -down facilities shall be designed to be accessible and functional during both dry and wet conditions. The City Public Works Department shall review and approve the SWPPP and drainage plan prior to approval of the grad- ing plan. City staff may require more stringent storm water treatment measures, at their discretion. Implementation of this mitigation would reduce the level of significance of this im act to a less -than -significant level. HYD -3: Each SWPPP shall include provisions for the proper Prior to construction Project The City Public Works Depart - management of construction -period dewatering. At mini- Engineer merit shall review and approve mum, all dewatering shall be contained prior to discharge to the SWPPP to ensure proper alloy the sediment to settle out, and filtered, if necessary to provisions for dewatering, and ensure that only clear water is discharged to the storm or that protocol for dewatering is sanitary sewer system, as appropriate. In areas of suspected followed. groundwater contamination (i.e., underlain by fill or near sites where chemical releases are known or suspected to have occurred), groundwater shall be analyzed by a State -certified laboratory for the suspected pollutants prior to discharge. Based on the results of the analytical testing, the project proponent shall acquire the 2pp o natepermit(s) from the N.�hAminisirMimlf:AU'ITl'1RF,i�ReR 2f)<1711�7iF,1RAtlsch,mtA-Mil&MmitnringMx (3119R007S -- _- 18 LSA ASSOCIATES. INC. MARCH 2007 Table I Continued MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNEXATION ETR N�SAAminirrniirn�CArC[TriRES�Ru 2110751-0I-E1k�AnMh,rnu-Mir&Mrnirnnng.d�c (i119iiA07y 19 M on Monitors it or n Date/ Mitigation Measures Sole Monitorins Procedure Comments Initials RWQCB prior to the release of any dewatering discharge into the storm drainage system. Section IV.], Hazards and Hazardous Materials, of this EIR, includes a discussion of the Itemetlietion Actien Pion (RAP) and Health and Safety Plan (HSP) for the site. Proper implementation of the mitigation measure described above would reduce this impact to a less -than -significant level. H. BIOLOGICAL RESOURCES BI -1: Implementation of these measures wil l reduce Prior to approval of Project Appli- City staff shall verify the pay - impacts to western burrowing owl to a less than significant grading plans and prior to cant! Project ment of appropriate fees by the level, ground disturbing Biologist project applicants. City of Lodi la: Prior to approval of grading plans, the project proponent 1 activities staff, as well as a qualified biolo- shall pay the appropriate fees to SJCOG, in accordance gist, shall review project con - with the SJMSCP conservation strategy, for conversion struction activities and periodi- of undeveloped lands. cally consult with construction Lb: No more than 30 days prior to any ground disturbing representatives to ensure they comply with this requirement. activities, a qualified biologist shall conduct surveys for City of Lodi staff shall undertake burrowing owls. If ground disturbing activities are de- additional coordination with the layed or suspended for more than 30 days after the initial CDFG, if necessary. preconstruction surveys, the site shall he resurveyed. All surveys shall he conducted in accordance with CDFG's Staff Report on Burrowing Owls (CDFG, 1995). jc: If the preconstruction surveys identify burrowing owls on the site during the non -breeding season (September 1 through January 31) burrowing owls occupying the pro- ject site shall he evicted from the project site by passive relocation as described in the CDFG's Staff Report on Burrowin Owls (CDFG, 1945). N�SAAminirrniirn�CArC[TriRES�Ru 2110751-0I-E1k�AnMh,rnu-Mir&Mrnirnnng.d�c (i119iiA07y 19 LSA AssncI0.l'LS. INU MARCH 2007 Tabie l Continued MITIGATION AND MONITORING REPORTING PROGRAM LORI ANNEXATION EIR N1Arlmi�istrari�nMCA4CfTYVtE54Res 20071td1.E1Ft-AttarltsmtA-M4&Mmitrwing.drc [3�19rz007I 20 M ReDOrfi MR400" _ _ Date! Mitigation Measures atdwde R. 'b' '!Y Mordtorinp Procedure Comments Initials Id: If the preconstruction surveys identify burrowing owls on the site during the breeding season (Febniary 1 through August 3 1 ) occupied burrows shall not be dis- turbed and shall be provided with a 75 meter (250 -foot) protective buffer until and unless the SIMSCP Technical Advisory Committee (TAC), with the concurrence of CDFG representatives on the TAC; or unless a qualified biologist approved by CDFG verifies through non-inva- sive means that either: 1) the birds have not begun egg laying, or 2) juveniles from the occupied burrows are foraging independently and are capable of independent survival. Once the fledglings are capable of independent survival, the burrows can a destroyed. BI0-2: Implementation of these measures will reduce im- Prior to approval of Project Appli- City staff shall verify the pay - pacts to nesting Swainson's hawk and other nesting raptors grading plans cant/ Project ment of appropriate fees by the to a less -than -significant level, Biologist project applicants. City of Lodi 2a: Prior to approval of grading plans, the project proponent staff, as well as a qualified biolo- shall pay the appropriate fees to SJCOG, in accordance gist, shall review project con - with the SJMSCP conservation strategy, for conversion struction activities and peri odi- of undeveloped lands. Cally consult with construction 2b: Removal of suitable nest trees shall be completed during representatives to ensure they comply with this requirement. the non -nesting season (when the nests are unoccupied), City of Lodi staff shall undertake between September 1 and February 15. additional coordination with the 2c: If suitable nest trees will be retained and ground dis- F CDFG, if necessary. turbing activities will commence during the nesting sea- son (February 16 through August 31), all suitable nest trees on the site will be surveyed by a qualified biologist prior to initiating construction -related activities. Surveys will he conducted no more than 14 days prior to the start of work. If an active nest is discovered, a ltl0-foot buffer shall be established around the nest tree and delineated using orange construction fence or equivalent. The buffer shall be maintained in place until the end of the breeding season or until the young have fledged, as determined by a qualified biologist. N1Arlmi�istrari�nMCA4CfTYVtE54Res 20071td1.E1Ft-AttarltsmtA-M4&Mmitrwing.drc [3�19rz007I 20 LSA ASSOCIATES, INC. MARCH 2007 Table 1 Continued MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNEXATION EIR N:U4minlnrnirnlCA5G7TY1RE51Res NfON�11 ESR-Auechmn�AhUiRMminring.Mc (5119!!0077 21 Mi ation Monitorin Ilte ertin moldimug I budged" Nte/ Mitiptien Mei W*s Schedt le Rmoonsibility Monitorina Procedure Comments Initials In some instances, CDFG way approve decreasing the specified buffers with implementation of other avoidance and minimization measures (e.g., having a qualified bi- ola&W on-site.duting.constrvotion activities during the nesting season to monitor nesting activity). If no nesting is discovered, construction can begin as planned. Con- struction beginning during the non -nesting season and continuing into the nesting season shall not be subject to these measures. I. HAZARDS AND HAZARDOUS MATERIAIS HAZ--I: Preparation and implementation of the required Prior to approval of final Project Appli- City staff shall verify that an SWPPP (see Mitigation Measures HYD -2 and HYD -3) grading and drainage cant/Project SWPPP has been prepared and would reduce the potential impacts of hazardous materials plans Engineer implemented. releases during construction to a less -than -significant level. No additional miti ation is required. HAZ-5: Prior to approval of any demolition or construction Prior to approval of any Construction City staff shall verify that appro- permits, ASTs, pesticides, waste oil, equipment maintenance demolition or construc- Manager priate disposal of waste and chemicals, discarded trash and debris shall be removed from tion permits debris has occurred. the individual project site and disposed in accordance with a licable regulations. : Prior to approval of any grading plans or construc- Prior to approval of Project City staff shall verify that wells tion permits for each individual project, the wells and septic demolition or construc- Engineer and septic systems have been system shall be properly abandoned in accordance with tion permits properly abandoned, applicable regulations. N:U4minlnrnirnlCA5G7TY1RE51Res NfON�11 ESR-Auechmn�AhUiRMminring.Mc (5119!!0077 21 LSA ASSOCIATES, INC. MARC_M 2007 Table I Continued MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNEXATION FIR N'10.3miniErwirn!CA\CIrYhRF.SVtes Xl(175[-01-EIR-AtladtmntA-MiIRMmitnring.[ioc{}f19RIM17) T - 22 M1ti anon Moni Ting.. R in Menitr�rtngTIRWwapj"Uty uleM Mesion 'Uwi Proc ure _ Comments Date/ Initials Mitigation Measures HAZ-8: Implementation of the following two-part mitigation Prior to issuance of a Project Appli- City staff shall verify that an measure would reduce this impact to a less -than -significant demolition permit cant/ Project asbestos and lead-based paint level. Engineer survey has occurred and that the $: As a condition of approval for a demolition permit for the materials have been abated per project site buildings, an asbestos and lead -haled paint applicable regntattons, survey shall he performed. If asbestos -containing materi- als are determined to be present, the materials shall he abated by a certified asbestos abatement contractor in accordance with the regulations and notification re- quircments of the San Joaquin Valley Air Quality Con- trol District. If lead-based paints are identified, then fed- eral and State construction worker health and safety regulations shall be followed during renovation or demo- lition activities. If loose or peeling lead-based paint are identified, they shall be removed by a qualified lead abatement contractor and disposed of in accordance with existing hazardous waste regulations. 8b: As a condition of approval for grading plans for the project sites, an asbestos investigation of subsurface structures shall be conducted. If asbestos -containing materials are determined to he present, the materials shall be abated by a certified asbestos abatement contractor in accordance with the regulations and notification require- ments of the San Joaquin Valley Air Quality Control District. J. UTILITIES There are no si ni rcani !til' acts. K. PUBLIC SERVICES There are no signi icantpublic services impacts. N'10.3miniErwirn!CA\CIrYhRF.SVtes Xl(175[-01-EIR-AtladtmntA-MiIRMmitnring.[ioc{}f19RIM17) T - 22 LSA ASSOCIATES, INC. MA*4r* 2W Table 1 Continued MITTGATIO14 AND MONITORING 191PORTING PROGRAM LOBI ANNEXATION EIR Source: LSA Associates, Inc., 2006. N.UdrtdnimmimrA%LITYVtF. m MM-01-EIR-AItd,mmA-W&MmOo mLdoc (31I4RJf07) 23 Wil W � �� �Ikataal es I .,- US l .. YL&1: No mitigation is available to reduce this significant and unavoidable impact. cif and spillover to surrounding properties. The proposed project ;sl'tAll inewpoTate non-rrvirrored Stria to nBninrize dayli& building permits Architect mirrored glass is used in the com&uWm of the pmposed lace. bui Source: LSA Associates, Inc., 2006. N.UdrtdnimmimrA%LITYVtF. m MM-01-EIR-AItd,mmA-W&MmOo mLdoc (31I4RJf07) 23 RESOLUTION NO. 2007-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI APPROANG AND FORWARDING TO SAN JOAQUIN LOCAL AGENCY FORMATION COMMISSION FOR ACTION THE REQUEST OF TOM DOUCETTE, FRONTIER COMMUNITY BUILDERS, FOR AN ANNEXATION OF 151 ACRES OF LAND INTO THE CORPORATE LIMITS OF THE CITY OF LODI (WESTSIDE PROJECT) WHEREAS, the Cfty Council of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested annexation in accordance with the Government Code and Lodi Municipal Code Chapter 17.84, "Amendments"; and WHEREAS, the a*ected properties are located within the Westside Project area totaling 151 acres and are described as folows: APN Site Address PLo2tq Owner 02980-05 351 East Sargent Rd. Ge0rQLa Porl2Ws Et al 027-040-01' 70 East Sar ent Rd. Manna Trust 027-04-020.212 East Sargent Rd. DHKS Development 1027-04-030 1402 East Sargent Rd. Noble 0. Fore Jr. II WHEREAS, the applicant is Tom Doucette, Frontier Community Builders, 10100 Trinity Parlaway, Suite 420, Stockton, CA 95219; and WHEREAS, the applicant represents property owners of the parcels within the Westside project site and these property owners have provided written consent to the project {proponent and applicant for this annexation; and WHEREAS, a Notice of Non Renewal for the Williamson Act Contract on Parcel No. 027-040-01 has been filed, and WHEREAS, the Caty of Lodi Planning Commission held public hearings on the proposed annexation on October 11, 2006 and October 25, 2006, and its motion to recommend approval to the City Council was defeated on a 2:5 vote; and WHEREAS, the City Council certified the Environmental Impact Report {EIR) (EIF#05-01) and adopted Findings and Statement of Overriding Considerations pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, the City Council adopted the PD (Planned Development) pre -zoning designation for the Westside Project area on March 21, 2007, by Ordinance No. 1793; and WHEREAS, the dievelopment plan (Westside Land Use Plan) required by Lodi Municipal Code Chapter 17.33, "PD, Planned Development District," consists of a master planned residential community consisting of 745 residential units, 24.7 acres of parks and trails, an elementary school, and related infrastructure; and WHEREAS, all legal prerequisites to the approval of this request have occurred; and N AdmUQiRr:wM1CAC1TyW-Mff 20WAVS 2007-49." WHEREAS, based upon the evidence within the staff report and project file, the City Council of the City of Lodi makes the following findings: The EIR (EIR-05-01) was certified and Findings and Statement of Overriding Considerations for the project pursuant to CEQA were adopted by City Council Resolution No. 2007-48. 2. The required public hearing by the Planning Commission was duly advertised and held in a manner prescribed by law. 3. The required public hearing by the City Council was duly advertised and held in a manner preBcribed by law. 4. The project site is entirely within the City's sphere of influence, and the CWs General Plan designates the project area as "PR," Planned Residential. The General Plan anticipated development of the PR designated properties by 2007. 5. The requested annexation does not conflict with adopted plans or policies of the General Plan and will serve sound planning practice. 6. The parcels in the area proposed to be annexed are physically suitable for the development of the proposed project. 7. The proposed design and improvement of the site is consistent with all applicable standards adopted by the City in that the project, as conditioned, will conform to adopted standards and improvements mandated by the City of Lodi Public Works Department Standards and Specifications and the Zoning Ordinance, as well as all other applicable standards. 8. The size, shape, and topography of the site are physically suitable for the proposed residential development. 9. The site is suitable for the density proposed by the project in that the density is compliant with the PR General Plan designation and the site cern be served by all public utilities and creates design solutions for storm water, traffic, and air quality issues. Potential environmental impacts related to utilities were identified in the EIR and found to not be significant because mitigation measures have been incorporated into the project to reduce any impacts to a level of less than significant. 10. Development of the proposed project shall be consistent with the Westside hand Use Plan submitted by Tom Doucette, Frontier Community Builders, 10100 Trinity Parkway, Suite 420, Stockton, CA 95219. NOW, THEREFORE, BE IT FOUND, DETERMINED, AND RESOLVED that the City Council of the City of Lodi hereby does not wish to continue the Williamson Act Contract on land with the Westside Project area (Parcel No. 027-040-01); and N V dnnnia ,.,,-cAuTYVluww 2ooR.2w-49.d. 2 NOW, THEREFORE, BE IT FURTHER FOUND, DETERMINED, AND RESOLVED that the City Council of the City of Lodi hereby approves and forwards this annexation to the San Joaquin Local Agency Formation Commission for action. Dated: March 21, 2007 I hereby certify that Resolution No. 2007,49 was passed and adopted by the City Council of the City of Lodi at a regular meeting held on March 21, 2007, by the following vote: AYES: COUNCIL MEMBERS - Hitchcock, Katzakian, and Mayor Johnson NOES: COUNCIL MEMBERS - Mounce ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS -- Hansen PRNDI JOHL City Clerk 2007-49 �dnaw -CAUT 20V7%2ra2W-49.d1X 3 `41 ►T► ►• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI APPROVING THE REQUEST OF TOM DOUCETTE, FRONTIERS COMMUNITY BUILDERS, FOR PRE -ZONING TO PD (PLANNED DEVELOPMENT) ON 151 ACRES (WESTSIDE PROJECT) ----------------------------------------------------- ----------------------------------------------------- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. The properties subject to this pre -zoning include properties located within the Westside Project totaling 151 acres and are described as follows: APN Site Address Property Owner 029-380-05 351 East Sargent Rd. Georgia Perle os Et al 027-040-01 70 East Sargent Rd. Manna Trust 027-04-020 212 East Sargent Rd. DHKS Development 027-04-030 1 402 East Sargent Rd. Noble D. Fore Jr. II SECTION 2. The applicant for the requested prezoning is Tom Doucette, Frontiers Community Builders, 10100 Trinity Parkway Suite 420 Stockton, CA 95219. The applicant represents property owners of the parcels within the Westside project site and these property owners have provided written consent to the applicant for this zone change; and SECTION 3: The requested pre -zoning consists of the following: Reclassification of the afore -described properties from San Joaquin County AU -20 (Agriculture, Urban Reserve, Minimum 40 Acres) to City of Lodi Planned Development (PD) Zone. SECTION 4: The pre -zone designation is described as follows: Planned Development (P -D) Zone The planned development zone is designed to accommodate various types of development such as neighborhood and community shopping centers, grouped professional and administrative office areas, senior citizens' centers, multiple housing developments, commercial service centers, industrial parks or any other use or combination of uses which can be made appropriately part of a planned development. In a P -D zone, any and all uses are permitted; provided, that such use or uses are shown on the development plan for the particular P -D zone as approved by the City Council. Maximum height and bulk, and minimum setback, yard and parking and loading requirements shall be established for each P -D zone by the development plan as approved by the City Council. These development parameters would be consistent with the General Plan designation for the sites. SECTION 5: Based upon the evidence within the staff report and project file the City Council of the City of Lodi makes the following findings: 1. The Environmental Impact Report (EIR-05-01) was certified and Findings and Statement of Overriding Considerations for the project pursuant to CEQA were adopted by City Council Resolution No. 2007- N:\Administration\CA\CITY\Ordinance\IA1-Westside Prewne.doc 2. The required public hearing by the Planning Commission was duly advertised and held in a manner prescribed by law. 3. The required public hearing by the City Council was duly advertised and held in a manner prescribed by law. 4. The City must approve "pre -zone" zoning designations prior to requesting approval of the annexation of the lands into the City from the San Joaquin Local Area Formation Commission. 5. The requested rezoning does not conflict with adopted plans or policies of the General Plan and will serve sound Planning practice. 6. The parcels of the proposed rezoning are physically suitable for the development of the proposed project. 7. The proposed design and improvement of the site is consistent with all applicable standards adopted by the City in that the project, as conditioned, will conform to adopted standards and improvements mandated by the City of Lodi Public Works Department Standards and Specifications, Zoning Ordinance as well as all other applicable standards. 8. The size, shape and topography of the site are physically suitable for the proposed residential development. 9. The site is suitable for the density proposed by the project in that the site can be served by all public utilities and creates design solutions for storm water, traffic and air quality issues. 10. The design of the proposed project and type of improvements are not likely to cause serious public health problems in that all public improvements will be built per City standards and all private improvements will be built per the Uniform Building Code. 11. Development of the proposed project shall be consistent with the Westside land use plan ultimately approved by the City Council. SECTION 6: All development conditions for this pre -zoning are included as Attachment A. SECTION 7: All ordinances and parts of ordinances in conflict herewith will be repealed insofar as such conflict may exist upon the completion of the annexation of the subject properties into the City of Lodi. SECTION 8: No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 9: Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which shall be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. N:\Administration\CA\CITY\Ordinance\IA1-Westside Prewne.doc 2 SECTION 10: This ordinance shall be published one time in the Lodi News -Sentinel, "a daily newspaper of general circulation printed and published in the City of Lodi" and shall take effect thirty days from and after its passage and approval. Approved this day of , 2007 BOBJOHNSON Mayor Attest: RANDI JOHL City Clerk State of California County of San Joaquin, ss. I, Randi Johl, City Clerk of the City of Lodi, do herby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held March 21, 2007, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 2007, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. RANDI JOHL City Clerk Approved as to Form: D. STEPHEN SCHWABAUER City Attorney N:\Administration\CA\CITY\Ordinance\IA 1 -Westside Prewne.doc EXHIBIT "A" TO ORDINANCE NO. The pre -zone of the entire 151 acres of the Westside Project to PD (Planned Development), which includes designations specific to housing, and public/quasi-public uses all as shown on the attached map (Exhibit B), are subject to the following development conditions: This Pre -Zoning shall be of no force and effect unless and until the San Joaquin County Local Agency Formation Commission (LAFCo) has approved the annexation of the Westside Project area and all actions necessary to complete the annexation have occurred. 2. Prior to the issuance of any tentative subdivision maps, final development plans shall be subject to review and approval by Planning Commission. The development plan shall include development standards for proposed residential units (i.e., building height, setbacks, lot coverage and permitted accessory uses). 3. Prior to the approval of any tentative subdivision maps, final park plans shall be subject to review and approval by Parks and Recreation Department. 4. Prior to the issuance of a building permit the multi -family components of the project shall be subject to review and approval by the Site Plan and Architectural Review Committee. 5. Prior to the development of any portion of the Westside project, the applicant/developer shall file for a tentative subdivision map. Review and approval of the tentative subdivision map is a discretionary action and additional conditions of approval may be placed on the project at that time. 6. The conditions of approval listed below are to be accomplished prior to deeming complete the first Tentative Subdivision Map, unless noted otherwise: A. Preparation of detailed master plans and supporting studies as listed below, including engineering calculations, for all phases of the development. The study area shall include all the area between Kettleman Lane, Lower Sacramento Road and WID Canal and shall be coordinated with the master plans for the Southwest Gateway Project south of Kettleman Lane. a. Water master plan, including the following: i. Surface water transmission and distribution facilities. ii. Identification of possible water well sites within the project area. Developer shall coordinate test well drilling for determination of actual well sites prior to mapping of adjacent lots. b. Recycled water master plan, including the following: i. Identification of areas to be irrigated. ii. Detailed summary of demand calculations. Include Southwest Gateway project demands in calculations. iii. Detailed summary of pipe sizing calculations. iv. Provisions for future westerly extension in Lodi Avenue and Vine Street. v. As an alternative to i) through iv) above, Developer may provide a one-time payment, not to exceed $50,000, to partially fund the Lodi Recycled Water Master Plan Study. N:\Administration\CA\CITY\Ordinance\IA1-Westside Prewne.doc 4 C. Wastewater master plan. d. Storm drainage master plan, including storm drainage basin dimensions and details. Retention basins shall be designed as passive bypass systems. Identify a single -facility designate to receive low flow and first flush flows. e. Streets/circulation plan, including the following: i. Dimensions of street rights-of-way, including Kettleman Lane and Lower Sacramento Road, bike/pedestrian/open space corridor and utility corridors. ii. Traffic analysis of operations at critical intersections to determine if supplemental right-of-way is required. iii. Typical cross-section diagrams showing proposed utility locations and demonstrating that sufficient width has been provided to meet separation requirements between pipes. iv. Traffic round -about in Lodi Avenue. v. Traffic calming features at cross intersections, along long, straight streets and at other locations as required by the Public Works Director. f. Transit study to identify new or modified routes to serve the area. g. Topography for the entire study area to confirm validity of water, wastewater and storm drain master plans. h. Composite utility diagram to facilitate review of potential utility crossing conflicts. Water, recycled water, wastewater and storm drain master plans for the project have been submitted and first check Public Works Department comments on the plans were issued on June 26, 2006. The plans require revision. In addition, on July 21, 2006, City staff forwarded information to the developer's engineer regarding existing utility crossings, preferred utility alignments, existing easements and design requirements to be used in establishing utility alignments for the project. The project improvements must respect the preferred alignments and existing easements. For example, new pipes along Westgate Drive south of the project site need to be on the west side of the street which will require dedication of additional land to provide a utility corridor. The required master plans and supporting studies are necessary to confirm the design of the proposed development and will affect the number of growth management allocations that can ultimately be utilized. If the Developer agrees that the proposed project layout and number of growth management allocations approved may be subject to revision based on the results of the completed master plans and studies, the development or growth management plan and accompanying growth management allocations may be approved prior to completion and approval of the master plans and supporting studies. Completion and approval of the master plans and studies must then be accomplished prior to submittal of the first tentative map for the project. B. Phasing analysis to be approved by the City prior to submittal of the first tentative map. The analysis shall include the following: a. Phase boundaries and number of units to be constructed with each phase. b. Permanent and interim/temporary facilities required to implement each phase based on the mitigation monitoring program and the above mentioned master plans. C. Master utility calculations for permanent and interim/temporary facilities to be constructed with each phase. N:\Administration\CA\CITY\Ordinance\IA1-Westside Prewne.doc 5 C. Preparation of a Traffic Mitigation Implementation and Financing Plan that details each of the physical improvements and the timing and geometric changes listed in Table IV.B-6 of the Environmental Impact Report (EIR) for both the Existing + Project and Cumulative scenarios (cumulative to address Impact TRANS -2 in the EIR), who will be responsible for implementing the improvement, how the improvement will be funded, including a reimbursement program where appropriate, and the schedule or trigger for initiating and completing construction prior to the intersection operation degrading to an unacceptable level. D. Finance and Implementation Plan to identify funding for the required public improvements and interim/temporary improvements for each phase of the project. The Finance and Implementation Plan is dependent on the above mentioned master plans and phasing analysis and shall be approved by the City prior to submittal of the first tentative map. 7. All mitigation measures for the project, identified in the adopted Mitigation Monitoring and Reporting Program, are hereby incorporated into this recommendation of approval. 8. As part of Mitigation Measure LU -2 of the Lodi Annexations EIR (EIR-05-01) the developer has the option to comply with the San Joaquin County Agricultural Mitigation program or preserve 151 acres of agricultural land in perpetuity to mitigate significant impacts associated with conversion of the 151 acres of Prime Farmland within the Westside project. If the developer proceeds with the mitigation to preserve land within an agricultural easement, and the City of the Lodi becomes party to said easement, the developer shall pay the City a one-time administration fee of five thousand dollars. Said fee shall be paid prior to the approval of a quarter of the building permits within the Westside and Southwest Gateway projects (as per the timing of Mitigation Measure LU -2). 9. All applicable state statutes, and local ordinances, including all applicable Building and Fire Code requirements for hazardous materials shall apply to the project. 10. Prior to submittal of building permits, the applicant shall submit construction elevations, perspective elevations, precise landscape and irrigation plans, as well as building materials for the review and approval as part of a development plan application. Said plans shall indicate that all corner lots shall have architectural treatments on both street facing elevations. 11. Prior to submittal of building permits, the applicant shall submit a walls and fencing plan as part of a development plan application. Said plan shall show all proposed walls and fencing. Fencing visible to the public right of way shall be constructed of treated wood or alternative material to prevent premature deterioration. Furthermore, all fencing within the project site shall be designed with steel posts, or a functional equivalent, to prevent premature deterioration and collapse. 12. Within 90 days of the approval of this project, the applicant shall sign a notarized affidavit stating that "I(we), , the owner(s) or the owner's representative have read, understand, and agree to the conditions approving Z-04-03." Immediately following this statement will appear a signature block for the owner or the owner's representative which shall be signed. Signature blocks for the City Community Development Director and City Engineer shall also appear on this page. The affidavit shall be approved by the City prior to any improvement plan or final map submittal. N:\Administration\CA\CITY\Ordinance\IA1-Westside Prewne.doc 6 EXHIBIT B WESTSIDE PROJECT LAND USE PLAN NAAdministrationTATIM LCQ WESTSIDE! [Iluoramiwe Land Use Plan 40 SCALE : I' - 20a car d Lid , CA M FCBHOMES � ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI ADOPTING A DEVELOPMENT AGREEMENT (DA) PERTAINING TO THE DEVELOPMENT OF 151 ACRES LOCATED ON THE WEST SIDE OF LOWER SACRAMENTO ROAD BETWEEN THE WOODBRIDGE IRRGATION DISTRICT CANAL AND VINE STREET (WESTSIDE PROJECT) (DEVELOPMENT AGREEMENT GM -05-002) ------------------------------------------------------------------ ------------------------------------------------------------------ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. The properties subject to this Development Agreement include the following: 151 acres within the Westside Project area located on the west side of Lower Sacramento Road between the Woodbridge Irrigation District canal and Vine Street — Assessors Parcel Numbers 029-380-05, 027-040-01, 027-040-020 and 027-040-030. SECTION 2. The applicant for the requested Development Agreement is as follows: Frontiers Community Builders. SECTION 3. The requested Development Agreement is summarized as follows: Development Agreement GM -05-002 is an agreement between the City and the developer in which the developer agrees to provide certain benefits to the City in exchange for a vested right to proceed with the development consistent with the development approvals. The term of the Development Agreement is 15 years. The vested right the developer obtains is the ability to proceed with the development as approved and to avoid the imposition of new regulations on subsequent discretionary approvals (i.e. vesting tentative maps) for the development. SECTION 4 The City Council hereby finds that the proposed Development Agreement is consistent with the General Plan land use designation and the zoning for the proposed Development. SECTION 5. The City Council, by Resolution No. 2007- , has certified the Lodi Annexations Environmental Impact Report adopted a State of Overriding Consideration for the proposed project. SECTION 6. The City Council hereby adopts Ordinance No. approving the Development Agreement by and between the City of Lodi and Frontiers Community Builders, attached herein as Exhibit A. SECTION 7. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 8. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 9. This Ordinance was introduced by the Lodi City Council, on March 21, 2007 and adopted by the Lodi City Council on , 2007. This Ordinance shall take affect 30 days from and after its adoption. The ordinance summary shall be published in the Lodi News - Sentinel, a newspaper of general circulation published and circulated in the City of Lodi. A certified copy of this ordinance is available for review in the in the City Clerk's office located at 221 West Pine Street. Approved this day of , 2007 BOBJOHNSON Mayor Attest: RAND JOHL City Clerk ------------------------------------------------------------ ------------------------------------------------------------ State of California County of San Joaquin, ss. I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held March 21, 2007, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2007, by the following vote: AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — 2 I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. RANDI JOHL City Clerk Approved as to Form: D. STEPHEN SCHWABAUER City Attorney P:\LOD531\PRODUCT&StaffReports\CC3-21-07\Westside DA Ord.doc 3 ATTACHMENT A WESTSIDE PROJECT DEVELOMENT AGREEMENT OFFICIAL BUSINESS Document entitled to free recording Government Code Section 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 Attn: City Clerk (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) DRAFT DOCUMENT DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LODI AND FRONTIER COMMUNITY BUILDERS, INC. FOR FCB WESTSIDE PROJECT TABLE OF CONTENTS RECITALS............................................................................................................................................... 1. Authorization............................................................................................................................. 2. Property ..................................................................................................................................... 3. Project....................................................................................................................................... 4. Public Hearing........................................................................................................................... 5. Environmental Review .............................................................................................................. 6. Project Approvals...................................................................................................................... 7. Need for Services and Facilities................................................................................................ 8. Contribution to Costs of Facilities and Services........................................................................ 9. Development Agreement Resolution Compliance..... . ............................. 1. — ... I ....................... 10. Consistency with General and Specific Plan, .... ......................................................... - ............ 11, Creation of Career -Oriented Employment Opportunities AGREEMENT.......................................................................................................................................... 1. Incorporation of Recitals........................................................................................................... 2. Description of Property............................................................. . 3. Interest of Landowner............................................................................................................... 4. Relationship of City and Landowner......................................................................................... 5. Effective Date and Term........................................................................................................... 5.1. Effective Date.. ................................................. ........................ ................................... 5.2. Term................................................................................................................................... 5.3. Automatic Termination Upon Completion and Sale of Residential Lot .............................. 6. Use of Property.............................................................................................................. ........... 6.1. Right to Develop................................................................................................................ 6.2. Permitted Uses: .................................... .............................................................. 6.3. Moratorium, Quotas, Restrictions or Other Growth Limitations ......................................... 6.4. Additional Conditions......................................................................................................... 6.5 Annexation 7. Applicable Rules, Regulations, Fees and Official Policies........................................................ 7.1. Rules Regarding Permitted Uses. .. ............................ ........................................ ............. 7.2. Rules Regarding Design and Construction........................................................................ 7.3. Changes in State or Federal Law...................................................................................... 7.4. Uniform Codes Applicable................................................................................................. 8. Existing Fees, Subsequently Enacted Fees, Dedications, Assessments and Taxes... ............ 8.1. Processing Fees and Charges. ........................................ —1.1.1 .................................... 8.2. Existing Fees, Exactions and Dedications......................................................................... 8.3 Subsequent Development Impact Fees, Exactions and Dedications 9. Community Facilities District..................................................................................................... 9.1. Inclusion in Community Facilities District.......................................................................... 9.2. Use of Community Facilities District Revenues................................................................. 9.3. Community Facilities District for Residential Property — Landowner Financing ................ 10. Processing of Subsequent Development Applications and Building Permits .......................... 11. Amendment or Cancellation........................................................... 11.1. Modification Because of Conflict with State or Federal Laws. 11.2. Amendment by Mutual Consent ............................................. 859464-6 Draft Version 4 3/9/2007 3 3 3 3 3 3 3 4 4 5 5 5 .... 5 .... 5 .... 5 5 `3 Dele 6 6 6 6 6 8 8 .. 11 17 17 j. _-. -Dale 18 -- -- Dele 18 19 ............................................. 2&- .......... I ................................... 3 ............................................. 2Z - Dele Dale Dale Dole Dele Dele Dale Dele 11.3. Insubstantial Amendments.................................................................................................... _... -Dale 11.4. Amendment of Project Approvals......................................................................................... 22 11.5. Cancellation by Mutual Consent........................................................................................... Z ------ Dele 12. Term of Project Approvals............... ............................................................................................. - Date 13. Annual Review............................................................................................ ....... ...... .................... 13.1. Review Date....................................................................................... - ................................... 2� Dele 13.2. Initiation of Review................................................................................................................ _ ?A- Dele 13.3. Staff Reports......................................................................................................................... Dele 13.4. Costs..................................................................................................................................... 13.5. Non-compliance with Agreement; Hearin ............................... 2 bete 13.6. Appeal of Determination............................................................................................ .......... � •. 2 Date 14. Default.......................................................................................................................................... '• De1e 14.1. Procedure Regarding Defaults............................................................................................. 2_ •, 15. Estoppel Certificats...................................................................................................................... '. Dale 16. Mortgagee Protection; Certain Rights of Cure............................................................................ 2�, Dale 16.1, Mortgagee Protection............................................................................................... Dele 162 Mortgagee Not Obligated ...................................................................................................... . Deli 16.3. Notice of Default to Mortgagee and Extension of Right to Cure................................ .... 17. Severability. ........ .............................. ......................... Z6, '. , Dale 18. Applicable Law............................................................................................................................. M _ , •, ' . Dele 19. Attorneys' Fees and Costs in Legal Actions By Parties to the Agreement.................................. 27 •','. 20. Attorneys' Fees and Costs in Legal Actions By Third Parties to the Agreement and Continued Dale PermitProcessing.................................................................................................................................. 27 l ............................... 21. Transfers and Assignments .............................. .... ............................. ......I.... 27 . ' 22. Agreement Runs with the Land........ ..... ........................... ...... ............................................. 27 23. Bankruptcy................................................................................................................................... 4.•',', 'IDele 24. Indemnification........................................................................................................... .................. 2$ ',`,`• . , 25. Insurance...................................................................................................................................... ` .' .; . 25.1. Public Liability and Property Damage Insurance.................................................................. 25.2. Workers' Compensation Insurance....................................................................................... 25.3. Evidence of Insurance.......................................................................................................... ,,. , Dele 26. Excuse for Nonperformance........................................................................................................ �, .`, ' ' Dele 27. Third Party Benefvaaries.............................................................................................................. za;,', , ,, . , Dole 2$. Notices. . ..... ............... ................................................................................................................ 29. Form of Agreement; Recordation; Exhibits.... ... ................................................................... .. , , . Dele 30. Further Assurances ...................................................................................................................... Dele 31. City Cooperation................................................................................................. ......... ............... ,',', ,.'. Dele Dele dale Dele We Dale Date Detre 859464-6 Draft Version 4 3/9/2007 DEVELOPMENT AGREEMENT FCB WESTSIDE PROJECT This Development Agreement is entered into as of this day of , 2007, by and between the CITY OF LODI, a municipal corporation ("City"), and, FRONTIER COMMUNITY BUILDERS, INC. ("Landowner"). City and Landowner are hereinafter collectively referred to as the "Parties" and singularly as "Party." RECITALS 1. AgoorigglLon. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Section 65864, et seq. (the "Development Agreement Statute"), which authorizes the City and any person having a legal or equitable interest in the real property to enter into a development agreement, establishing certain development rights in the Property which is the subject of the development project application. 2. Property. Landowner holds a legal or equitable interest in certain real property located in the City of Lodi, County of San Joaquin, more particularly described in Exhibit A-1 attached hereto (the "Property"). Landowner represents that all persons holding legal or equitable interests in the Property shall be bound by this Agreement. 3. PEWect. Landowner has obtained various approvals from the City (described in more detail in Recital 6 below) for a mixed use project known as FCB Westside (the "Project") to be located on the Property. 4. Public Hauling. On October 25, 2006, the Planning Commission of the City of Lodi, acting pursuant to Government Code Section 65867, held a hearing to consider this Agreement and the Planning Commission action has been reported to the City Council. 5. Environnrntal Review. On , 2007, the City Council certified as adequate and complete, the Lodi Annexation Environmental Impact Report ("EIR") for the Project. Mitigation measures were required in the EIR and are incorporated into the Project and into the terms and conditions of this Agreement, as reflected by the findings adopted by the City Council concurrently with this Agreement. 6. Pr9ject MRrovals. The following land use approvals (together the "Project Approvals") have been granted for the Property, which entitlements are the subject of this Agreement: 6.1. The EIR. The Mitigation Measures in the EIR are incorporated into the Project and into the terms and conditions of this Agreement (City Resolution No. 859464-6 Draft Version 4 3/9/2007 6.2. A General Plan Amendment (the "General Plan"), (attached hereto as Exhibit B) approved by the City on 2007 (City Resolution No. ); 6.3. The Zoning of the Property (attached hereto as Exhibit B-1) approved by the City on , 2007 (City Ordinance No. 6.4. The Large Lot Tentative Subdivision Map for the Project (attached hereto as FL(hibit G1) to be subsequently considered by the City through a noticed public hearing prooess. (The parties agree that the large lot subdivision map included herein is for illustrative purposes only and shall not be effective until approved through a notice public hearing process by the City. If approved by the City, the Large Lot Subdivision Map shall thereafter be included within the Project Approvals listed herein); 6.5. Reserved; 6.6. The Development Plan and Infrastructure Plan for the Project (attached hereto as Exhibit D), approved by the City on , 2007 by City Resolution No. 6.7. The Growth Management Allocations, as required by Chapter 15.34 of the Lodi Municipal Code, as set forth in Exhibit E, approved by the City on , 2007 by Ordinance No. ; 6.8. This Development Agreement, as adopted on , 2007 by City Ordinance No. (the "Adopting Ordinance"); and, 6.9. The Annexation Approvals granted by San Joaquin County Local Agency Formation Commission as shown in Exhibit F attached hereto. 7. Need for 1grviges and Facigties. Development of the Property will result in a need for municipal servides and facilities, some of which will be provided by the City to such development subject to the performance of Landowner's obligations hereunder. With respect to water, pursuant to Government Code Section 65867.5, any tentative map approved for the Property will comply with the provisions of Government Code 66473.7. 8. ContributhDn to Costs of Facilities and Services. Landowner agrees to contribute to the costs of such public facilities and services as required herein to mitigate impacts on the community of the development of the Property, and City agrees to provide such public facilities and services as required herein to assure that Landowner may proceed with and complete development of the Property in accordance with the terms of this Agreement. City and Landowner recognize and agree that, but for Landowner's contributions set forth herein including contributions to mitigate the impacts arising as a result of development entitlements 859464-6 Draft Version 4 3/9/2007 granted pursuant to this Agreement, City would not and could not approve the development of the property as provided by this Agreement and that, but for City's covenant to provide certain facilities and services for development of the Property, Landowner would not and could not commit to provide the mKigation as provided by this Agreement. City's vesting of the right to develop the Property as provided herein is in reliance upon and in consideration of Landowner's agreement to make contributions toward the cost of public improvements as herein provided to mitigate the impacts of development of the Property as development occurs. 9. DeveloprrMt /grgement Resolution Conwiiance.. City and Landowner have taken all actions mandated by, and fulfilled all requirements set forth in, the Development Agreement Resolution of the City of Lodi, as set forth in the City Council Resolution No. 2005- 237 for the consideration and approval of the pre -annexation and development agreement. 10. Conslstergw with General and Specific Plan. Having duly examined and considered this Agreement and having held properly noticed public hearings hereon, the City found that this Agreement satisfies the Government Code §65867.5 requirement of general plan consistency. NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants hereinafter set forth, the Parties agree as follows: AGREEMENT 1. Incorp *Rn of Raltalls. The Preamble, the Recitals and all defined terms set forth in both are hereby incorporated into this Agreement as if set forth herein in full. 2. Descriytign of Prcmrty. The property, which is the subject of this Development Agreement, is described in Exhibit A-1 and depicted in Exhibit A-2 attached hereto (°Property"). 3. In rest gJ La ner. The Landowner has a legal or equitable interest in the Property. Landowner represents that all persons holding legal or equitable interests in the Property shall be bound by the Agreement. 4. ReUtiQl3j& of P& ynd La o ner. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Landowner and that Landowner is not an agent of City. The City and Landowner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Landowner joint venturers or partners. 5. Effective 1pate and Term. 859464-6 Draft Version 4 3/9/2007 5.1. Ef gttye Q jLte. The effective date of this Agreement ("Effective Date") is 2007, which is the effective date of City Ordinance No. adopting this Agreement. 5.2. IM. Upon execution, the term of this Agreement shall commence on the Effective Date and extend for a period of fifteen (15)years , unless said term is terminated, modified or extended by circumstances set forth in this Agreement. Following the expiration of the term, this Agreement shall be deemed terminated and of no further force and effect. Said termination of the Agreement shall not affect any right or duty created by City approvals for the Property adopted prior to, concurrently with, or subsequent to the approval of this Agreement nor the obligations of Sections 20, 24 or 25 of this Agreement. In the event that litigation is filed by a third party (defined to exclude City and Landowners or any assignees of Landowner) which seeks to invalidate this Agreement or the Project Approvals, the expiration date of this Agreement shall be extended for a period equal to the length of time from the time the summons and complaint and/or petition are served on the defendant(s) until the judgment entered by the court is final and not subject to appeal; provided, however, that the total amount of time for which the expiration date shall be extended as a result of such litigation shall not exceed four years. 5.3. AW matic Termination Upon Completion and Sate of R22Wentlial Lot. This Agreement shall automatically be terminated, without any further action by either party or need to record any additional document, with respect to any single-family residential lot within a parcel designated by the Project Approvals for residential use, upon completion of construction and issuance by the City of a final occupancy permit for a dwelling unit upon such residential lot and conveyance of such improved residential lot by Landowner to a bona -fide good -faith purchaser thereof. In connection with its issuance of a final inspection for such improved lot, City shall confirm that all improvements, which are required to serve the lot, as determined by City, have been accepted by City. Termination of this Agreement for any such residential lot as provided for in this Section shall not in any way be construed to terminate or modify any assessment district or Mello -Roos Community Facilities District lien affecting such lot at the time of termination. 6. Use of Pry. 6.1. V209 Riaht to Develop. Landowner shall have the vested right to develop the Project in accordance with the terms and conditions of this Agreement, the Project Approvals, the City's existing policies, standards and ordinances (except as expressly modified by this Section 6.1 and Section 8.3) and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement. Landowner's vested right to develop the Property shall be subject to subsequent approvals; provided however, except as provided in Section 6.3, that any conditions, terms, restrictions and requirements for such subsequent approvals shall not prevent development of the Property for the uses, or reduce the density and intensity of development, or limit the rate or timing of development set forth in this Agreement, so long as Landowner is not in default under this Agreement. Notwithstanding the vested rights 859464-6 Draft Version 4 3/9/2007 granted herein, Landowner agrees that the following obligations, which are presently being developed, shall apply to development of the Property: 6.1.1 Payment of a development fee for a proportionate share of the design and construction cost of the Highway 99 interchange project at Harney Lane. 6.1.2 Payment of Agricultural Land Mitigation fee, as identified in Mitigation Measure LU -2, pursuant to the ordinance and/or resolution to be adopted by the City of Lodi. 6.1.3 Payment of Electric Capital Improvement Mitigation fee (see Section 6.4.10) pursuant to the ordinance and/or resolution to be adopted by the City of Lodi. 6.1.4 Payment of development fee for proportionate share of the costs of designing and constructing a water treatment system and/or percolation system for treatment of water acquired from Woodbridge Irrigation District (see Section 6.4.7) pursuant to the ordinance an/or resolution to be adopted by the City of Lodi. With regards to the fees identified in Sections 6.1.1, 6.1.2, 6.1.3, and 6.1.4 and these fees only, Landowner hereby consents to their imposition as conditions of approval on any discretionary or ministerial land use entitlement subsequently granted by the City including but not limited to issuance of building permits. City agrees that the fees payable by the Landowner pursuant to Sections 6.1.1, 6.1.2, 6.1.3 and 6.1.4 shall be adopted in conformance with applicable law, and shall apply uniformly to all new development on properties within the City that are zoned consistent with the Project Approvals, or apply uniformly to all new development on properties that are similarly situated, whether by geographic location or other distinguishing circumstances. Except for the fees identified in this Agreement including but not limited to the Project Approvals, Sections 6.1.1, 6.1.2, 6.1.3, 6.1.4 and 8.3, no other subsequently enacted development or capital fee shall be imposed as a condition of approval on any discretionary or ministerial decision. The Parties acknowledge and agree that the fees applicable to the development pursuant to the Project Approvals and this Agreement may be increased during the term of this Agreement provided that (1) such increases are limited to annual indexing (i.e. per the Engineering News Record index, or the CPI, or other index utilized by the City) and as provided in current fee ordinances and (2) the increased fees are adopted in conformance with applicable law, apply uniformly to all new development on properties within the City that are zoned consistent with the Project Approvals, or apply uniformly to all new development on properties that are similarly situated, whether by geographic location or other distinguishing circumstances_ The initial adjustment shall be effective as of four years after the Effective Date of the Agreement and shall be calculated based on the difference in the applicable index from the numerical rate at the end of the month following the third year after the Effective Date and the numerical rate at the end of the month following the fourth year after the Effective Date. All subsequent increases shall be based on the annual change in the applicable index. Notwithstanding the preceding sentence, index adjustments to the fees set forth in Section 8.2, 859464-6 Draft Version 4 3/9/2007 subsections 2, 3 and 4 shall be effective annually as set forth in the relevant ordinances and resotitions. Moreover, Landowner will be subject to the indexing called for above even if Landowner has filed a complete application for a Vesting Tentative Map and will not vest against such indexing until payment of the fees as called for in this Agreement. 6.2. Pe itted Uses. The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, location and maintenance of on-site and off-site improvements, location of public utilities and other terms and conditions of development applicable to the Property, shall be those set forth in this Agreement, the Project Approvals and any amendments to this Agreement or the Project Approvals. City acknowledges that the Project Approvals provide for the land uses and approximate acreages for the Property as set forth in Exhibit B-1 and Exhibit B-2, 6.3. M_mtorium, gates, Restrictions or Other Growth Limitations. Landowner and City intend that, except as otherwise expressly provided in this Agreement, this Agreement shall vest the Project Approvals against subsequent City resolutions, ordinances and initiatives approved by the City Council or the electorate that directly or indirectly limit the rate, timing, or sequencing of development, or prevent or conflict with the permitted uses, density and intensity of uses or the right to receive public services as set forth in the Project Approvals; provided however Landowner shall be subject to rules, regulations or policies adopted as a result of changes in federal or state law (as provided in Section 7.3) which are or have been adopted on a uniformly applied, City-wide or area -wide basis, in which case City shall treat Landowner in a uniform, equitable and proportionate manner with all properties, public and private, which are impacted by the changes in federal or state law. 6.3.1 Allocatigns Under CibLgrowth Management Program a. Allocations Required Prior to Ma"pproval Consistent with the City's Growth Management Program, which shall apply to the Project, except as otherwise provided herein, no tentative map for any portion of the Property shall be issued until such time as Landowner has obtained allocations for each residential unit within the area covered by such map, consistent with the Growth Management Ordinance (Ordinance 1521), codified as Section 15.34 of the City of Lodi Municipal Code. b. Schedule of Allocation of Residential Units The following schedule of residential unit allocations shall apply to the Project. (i) Initial Allocation: 859464-6 Draft Version 4 3/9/2007 As of the Effective Date of this Agreement, the following number of residential units shall be initia#y allocated to the Project from the City's reserve of unused allocations ("Initial Allocation"): 215 Low Density Units Except for the requiremert set forth in Section 6.3.1(a) above the Initial Allocation has been determined to be exempt from and in compliance with the provisions of the Growth Management Ordinance and Resolutions 91-170 and 91-171 (timing and point system requirements). ii Subsequent Annual Allocations: As of the Effective Date of this Agreement, Landowner shall be entitled to apply for future annual allocations in three-year increments, and on a rolling basis. Provided that Landowner otherwise complies with the City's Growth Management Program, Landowner shall be entitled to annual allocations set forth in Exhibit E ("Annual Allocations"). If Landowner elects in any year to request fewer allocations than provided for in Exhibit E or if the term of any allocation granted expires before it is used as part of obtaining a subdivision map, Landowner shall be entitled to receive, upon submission of a complete growth management allocation application, additional allocations after the eighth year of this Agreement and through the term of this Agreement including any extension thereto granted pursuant to Section 5.2. The total number of growth management allocations granted hereunder shall be limited to the number of residential units approved as part of the Project Approvals excluding any senior housing residential units. The use of such allocations shall be restricted to the year for which such allocations were made, consistent with the Growth Management Ordinance. Notwithstanding the foregoing, Landowner may request additional allocations, over and above those set forth in Exhibit "E", and City may grant such allocations in its discretion, provided such additional allocations are consistent with the City's Growth Management Allocation Program, Resolutions 91-170 and 91-171, subject to such additional community benefits and/or exactions negotiated upon such a request. Landowner is not required to apply for such allocations on an annual basis. Landowner may instead comply with all development plan and related requirements under the Growth Management Ordinance and Resolutions 91-170 and 91-171 every third year, at which time Landowner may apply for allocations for the next three-year period. After the expiration of the year for which an Annual Allocation was issued to Landowner, Landowner may submit a request and be issued by the City another Annual Allocation, such that Landowner may maintain, on a rolling basis, a number of allocations equal to three Annual Allocations. Except for allowing the Landowner this flexibility in terms of the number of years for which Landowner may apply, all requests for Annual Allocations must otherwise comply with the Growth Management Ordinance and Resolutions 91-170 and 91-171. The requirement that Landowner apply for Annual Allocations does not alter the vested rights of the Project, specifically as to the General Plan and zoning designation of the Project. 859#64-6 Draft Version 4 3/9/2007 c Growth Mana ement Ordinanf& in full force and effect: Except where otherwise specifically stated herein, nothing in this section 6.3.1 is intended to modify in any way the City's Growth Management Program, including its exemptions under Section 15.34.040 (e.g., for senior citizen housing). Section 6.3.2 Future Growth Control Ordinances/Policies, Etc. (a) One of the specific purposes of this Agreement is to assure Developer that, during the term of this Agreement no growth -management ordinance, measure, policy, regulation or development moratorium of City adopted by the City Council or by vote of the electorate after the Effective Date of this Agreement will apply to the Property in such a manner so as to the reduce the density of development , modify the permissible uses, or modify the phasing of the development as set forth in the Project Approvals. (b) Therefore, the parties hereto agree that, except as otherwise expressly provided in the Project Approvals, Sections 6.1, 6.3.1 or 6.4 or other provision of this Agreement which expressly authorize City to make such pertinent changes, no ordinance, policy, rule, regulation, decision or any other City action, or any initiative or referendum voted on by the public, which would be applicable to the Project and which would affect in any way the rate of development, construction and build out of the Project, or limit the Project's ability to receive any other City service shall be applicable to any portion of the Project during the term of this Agreement, whether such action is by ordinance, enactment, resolution, approval, policy, rule, regulation, decision or other action of City or by public initiative or referendum. (c) City, through the exercise of either its police power or its taking power, whether by direct City action or initiative or referendum, shall not establish, enact or impose any additional conditions, dedications, fees or other exactions, policies, standards, laws or regulations, which directly relate to the development of the Project except as provided in Sections 6.1, 6.3.1, or 6.4 herein or other provision of this Agreement which expressly allows City to make such changes. Nothing herein prohibits the Project from being subject to a (i) City- wide bond issue, (ii) City -Wide special or general tax, or (iii) special assessment for the construction or maintenance of a City-wide facility as may be voted on by the electorate or otherwise enacted; provided that such tax, assessment or measure is City-wide in nature, does not discriminate against the land within the Project and does not distinguish between developed and undeveloped parcels. (d) This Agreement shall not be construed to limit the authority of City to charge processing fees for land use approvals, public facilities fees and building permits as they relate to plumbing, mechanical, electric or fire code permits, or other similar permits and entitlements which are in force and effect on a city-wide basis at the time those permits are applied for, except to the extent any such processing regulations would be inconsistent with this Agreement. 859464-6 Draft Version 4 3/9/2007 (e) Notwithstanding subdivision (b), the City may condition or deny a permit, approval, extension, or entitlement if it determines any of the following: (1) A failure to do so would place the residents of the Project or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required in order to comply with state or federal law (see Section 7.3). 6.4. A 'tional Conditions. 6.4.1. Timing of Dedications and Improvements of Parks Landowner agrees to dedicate park land and complete construction of all the park improvements as described and set forth in the Project Approvals at its sole cost and expense. The lists of the parks and park improvements contemplated herein is set forth in Exhibit "I" and Exhibit "J". Landowner and City agree that the provision of land and the construction of all park facilities and installation of equipment within the Project boundaries will satisfy Landowner's Quimby Act obligations as set forth in Lodi Municipal Code Chapter. Therefore, Landowner shall not be obligated to pay any additional park fees and Landowner shall not be entitled to any credit for the value of the improvements constructed or equipment installed except as provided hereinbelow. The phasing of such improvements shall be in compliance with the Phasing Schedule included in Exhibit I. With regards to the park improvements listed in Exhibit J, prior to approval by the City of the first tentative subdivision map, Landowner shall prepare plans and specifications for all park improvements included in the Project Approvals and submit those plans and specifications to the City for review and approval which approval will not be unreasonably withheld provided that the plans and specifications contain all park improvements listed in Exhibit J and satisfy all applicable conditions of approval included in the Project Approvals. The Landowner shall construct the parks in compliance with the approved plans and specifications. The City will inspect improvements during construction. If improvements are of poor quality and/or do not meet the requirements of approved plans and specifications, the City will notify the Landowner in writing and the Landowner, at its sole cost, shall correct any errors or deficiencies. The Landowner shall construct the parks to the satisfaction of the City, which shall be defined as compliance with the approved plans and specifications. As part of the park improvements identified herein, Landowner is obligated to offer for dedication to the City for a period of six years, five acres of land located at West of Lower Sacramento Road, North of Vine Street and as depicted in the Westside Facilities Master Plan for park uses including a possible acquatic center. Upon acceptance of the dedication by the City, which must occur within six years after the offer of dedication is made, the City shall, for the remaining term of this Agreement and at the time of City approval of any development 859464-6 Draft Version 4 3/9/2007 project located in the area south of West Vine Street, north of Highway 12, and west of North Lower Saramento Road ("Adjacent Property"), impose a requirement that the developer of the Adjacent Parcel pay the the City an amount equal to the reasonable actual costs incurred for park land and related construction costs by Landowner for parks developed within the Project in excess of the minimum amount of park dedication required by the Lodi Muncipal Code and which the developer of the "Adjacent Parcel" uses to satisfy its park dedication requirements. The parties agree that they shall calculate the any potential credit payable by the developer of the Adjacent Property pursuant to this paragraph prior to approval fo the first tentative subdivision map for the Property. Upon receipt of the that payment, City shall either pay that amount to Landowner or credit that amount against any outstanding fee payable by Landowner. 6.4.2. Rehabilitation of Existing Residential Units Landowner agrees that within ten years of the Effective Date of this Agreement, Landowner shall either rehabilitate or pay the costs (for a total value of $1,250,000) of rehabilitating up to a maximum of twenty-five (25) single-family or multi -family residential units within the area bounded by the Union Pacific railroad tracks, Cherokee Lane, Kettleman Lane and Lockford Street. To satisfy this obligation, Landowner may pay to rehabilitate residential units owned by others or may purchase, rehabilitate and sell or rent said residential units. The City shall have the right to approve the residential units selected for rehabilitation; said approval shall not be unreasonably withheld by the City. The improvements required herein to facilitate rehabilitation of residential units may include landscaping, painting, roof repair, replacement of broken windows, sidewalk repairs, non- structural architectural improvements, and demolition and reconstruction of residential units. All work performed pursuant to this section shall be done pursuant to properly issued building permits as required by City of Lodi ordinances. As part of the annual review required pursuant to Section 13, Landowner shall report on work completed during the prior year towards meeting the obligations set forth in this paragraph. In the event that Landowner has not satisfied this obligation within ten years from the Effective Dade, Landowners shall pay the City fifty thousand dollars ($50,000) per residential unit for each of the twenty-five (25) units that have not been rehabilitated as set forth above. The funds paid shall be placed in a dedicated city fund to be used for housing rehabilitation grants or loans within the area specified hereinabove. 6.4.3. Pa meat for Promotion of Econ uric Development Within ten (10) years of the Effective Date of this Agreement, Landowner shall pay the City Two Hundred Twenty -Six Thousand U.S. dollars ($226,000) for use by the City for economic development actions including job creation, promoting retail sales and/or wine industry tourism all as determined by the City. The purpose of this payment is to assist the City in its effort to maintain a balance between employment and housing demands. 859464-6 Draft Version 4 3/9/2007 6.4.4 Payment of Utfillity Exit Fees The Lodi Electric Utility is a city -owned and operated utility that provides electrical utility services for residential, commercial and industrial customers in Lodi. As the proposed project sites would be annexed to the City of Lodi, the Lodi Electric Utility would provide electrical utility services to the project site. To the extent that Landowner is assessed "exit fees," also known as "Cost Responsibility Surcharges," by Pacific Gas & Electric for its departing load, Landowner shall pay said fees when they are due. Landowner may, at its option and at its own cost, request a Cost Responsibility Surcharge Exemption from the California Energy Commission for any qualified departing load pursuant to Title 20, California Code of Regulations, Section 1395, et. seq. Forms for the exemption are available on-line at http:1/www.enerqY.ca.qov/exit fees/documents/2004-02- 18 PGE EXEMP APPL.PDF City makes no representation that Landowner is eligible for exemptions pursuant to these regulations. Landowner agrees to save, defend, indemnify and hold harmless City from any and all costs, judgments or awards owed to Pacific Gas & Electric arising out of or related to City's provision of electrical utility services to the project site. 6.45 Maintenance of Specified Public Improvements Landowner agrees to provide or pay for all park, median strip, and other landscaping maintenance and repairs for two years for lands dedicated by the Landowner to the City and accepted by the City. In the event that Landowner chooses to pay the City for the costs of maintenance and repair, the City shall provide an estimate of the annual costs and the Landowner shall pay the full amount within thirty calendar days after the City by U.S. Mail or email, transmits the estimate to the Landowner. If the amount paid to the City exceeds the actual amount incurred by the City plus reasonable staff costs to administer the contract, the City shall, within a reasonable period of time, refund the difference to the Landowner. 6.4.6 Payment for Fire Department Facilities, Equipment and Apearatus In addition to any applicable development impact for fire services, within ten years of the Effective Date of this Agreement, Landowner shall pay Two Million Six Hundred Thousand U.S. dollars ($2,600,000) to the City for use to acquire additional facilities, equipment and apparatus for the Lodi Fire Department. Landowner acknowledges that City will enter into contracts to acquire the facilities, equipment and apparatus. As consideration for City's agreement to authorize payment in installment payments, Landowner agrees to provide a letter of credit payable to the City, in a form reasonably acceptable to the City Attorney, in an amount sufficient to cover the amount due herein. City agrees that Landowner may substitute a letter of credit, in a form reasonably acceptable to the City Attorney, for a lesser amount upon payment of any portion of the amount due herein. Upon delivery of such replacement letter of credit and its approval as to form by the City Attorney, the City will release and convey to Landowner the prior letter of credit. 859464-6 Draft Version 4 3/9/2007 6.47 Reserved. 6-J$ Watrr Treatment and/or Pomoh tion Cost Landowner shall pay a foe based on the proportionate share of the costs of designing and constructing a water tre*nent system and/or percolation system for treatment of water acquired by the City from the Woodbridge Irrigation District. Landowner shall pay the fee as required under the fee program to be development by the City, but in no event later than when water service connection for each residential, office and commercial unit is provided. 6&9 Pukdic Art on Property Within ten (10) years of the Effective Date of this Agreement, Landowner shall obtain City approval for and install public art on the Project. The value of the public art installed shall be equal to One Hundred Fifty Thousand U.S. dollars ($150,000) inclusive of design and installation costs, which together shall not exceed $10,000. The public art shall be installed in a place within the Project that is visible from the public right-of-way or from an area or areas that provides public access. Landowner shall provide maintenance of the public art. Landowner shall be eligible to apply for City matching grant for the public art up to a maximum amount of $40,000. The parties agree that any matching grant provided by the City shall be in addition to the $150,000 contribution provided by Landowner pursuant to the section and shall be subject to any and all conditions normally imposed as part of the issuance of a grant by the City. 6.4.'10 Utift Lige Extension City is preparing a policy pursuant to which property developed will pay the actual costs of capital improvements necessary to extend utility services to a development. Landowner acknowledges that such an extension is necessary to implement the Project Approvals on the Property. Landowner agrees to pay the City, pursuant to the policy to be adopted by the City, the costs of the capital improvements neoessary to extend utility services to the Property. The Project Approvals require the installation of specified public and private improvements. Landowner shall, as specified in the Project Approvals, either design, engineer and construct the following improvements or pay the City the appropriate fee for the design, engineering and construction of said improvements. The obligations imposed on the Landowner herein shall be in addition to any other obligations set forth in this Agreement. In the event that any of Developer's improvements encroach upon any city facilities, property or rights of way, developer shall indemnify City against any and all expenses, including legal fees, incurred by the City to secure replacement facilities, property or rights of way. 859464-6 Draft Version 4 3/9/2007 6.4.11.1 Surface Water Facilities Transmission Main (Proportionate share of the total design, engineering and construction costs). Storage Tank (Proportionate share of the total design, engineering and construction costs). 6.4.11.2 Water Supply Faci#ties One new water well to cover proposed development within the Southwest Gateway and Westside development areas. The well will be installed in the Southwest Gateway area at the location identified in the Project Approvals or approved by the City Engineer. This condition may be satisfied by the installation of the well pursuant the requirement set forth in Section 6.4.7.2 of the FCB Southwest Gateway Develoment Agreement provided that adequate flow capacity is provided for the development authorized as part of the Westside and Southwest Gateway Project Approvals. The well shall be installed and operational on or before January 1, 2010 or earlier if otherwise required by the Water Master Plan. 6.4.11.3 Water ©istribuftg Facilgies All water pipes and related infrastructure in all streets. Any interim or temporary facilities as determined necessary by the Public Works Director. 6.4.11.4 Sewer CoNection Facilities All sewer pipes and related infrastructure in all streets. Any interim or temporary facilities as determined necessary by the Public Works Director. 6.4.11.5 Recycled Water Facilities All recycled water pipes and related infrastructure for irrigations systems located in or on streets, public and private school sites (to property boundary line only), places of assembly including but not limited to religious facilities (to property boundary line only), and high density residential sites. Provide up to a maximum of $50,000 to partially fund the City of Lodi Recycled Water Master Plan Study. 6.4.11.6 Storm Drainage Facilities All stormwater pipes and related infrastructure in all streets and basins. All stormwater detention basins, control structures, pumping facilities and appurtenant piping and controls. 854464-6 Draft Version 4 3/9/2007 Any interim or temporary facilities as determined necessary by the Public Works Director. Developer will be entitled to apply for reimbursement under Lodi Municipal Code Chapter 16.40 for benefit received by undeveloped properties as a result of the construction of the improvements required by this paragraph. Without limiting in any manner, the City Council's future exercise of its legislative discretion in the public hearing called for by Chapter 16.40, the parties anticipate that the benefited properties will be those set forth in Exhibit J. The parties also expressly acknowledge the final determination of benefited properties shall be determined pursuant to process set forth in Chapter 16.40. 6.4.11.7 Streets and Roads Design and construct all streets within the Project Boundary as set forth in the Project Approvals. Reconstruct Lodi Avenue west of Lower Sacramento Road to western project boundary. Reconstruct Tokay Ave./Lower Sacramento Road intersection to accommodate wider street sections. Pay Fair Share Cost payments for traffic mitigation measures identified in the Lodi Annexation Environmental Impact Report that are not projects within the Streets & Roads Fee Program. With regard to the requirement to construct streets and roads, for sections of such streets and roads that are not wholly within the project site, necessary to satisfy the obligations set forth in this Agreement and the Project Approvals, Landowner will use its best efforts to acquire all necessary real property interests including, but not limited to, (1) submitting formal offer letters to all persons or entities who own or lease said property, (2) diligently pursuing implementation of any purchase agreement, (3) paying all amounts required pursuant to the purchase agreement in a timely manner consistent with the terms of the purchase agreement and will then construct the streets or roads in compliance with the Project Approvals and any subsequent subdivisions maps. In the event Landowner is not able after its best efforts to acquire any necessary property, City and Landowner agree that City will consider all actions necessary to form an assessment district to provide the funds necessary for the City to acquire the necessary property, including through eminent domain as necessary, and Landowner agrees that upon the City complying with all requirements for consideration of formation of assessment district, Landowner shall, for all property within the proposed district that it owns or possesses the legal authority to vote on behalf of, vote in favor of formation of the assessment district. The parties agree that items to be included within the costs to be funded by the assessment district shall include, but not be limited to all costs, including attorneys fees necessary to acquire the necessary property interests, all design and engineering costs and all constructions costs. Developer will be entitled to apply for reimbursement under Lodi Municipal Code Chapter 16.40 for benefit received by undeveloped properties as a result of the construction of the improvements required by this paragraph. Without limiting in any manner, the City Council's future exercise of its legislative discretion in the public hearing called for by Chapter 16.40, the 859464-6 Draft Version 4 3/9/2007 partes anticipate that the benefited properties will be those set forth in Exhibit K. The parties also expressly acknowledge the final determination of benefited properties shall be determined pursuant to process set forth in Chapter 16.40. 6.4.12 !Whir.* Sitt Sauare Endowment Within ten (10) years of the Effective Date of this Agreement, Landowner shall pay the City Three Hundred Thousand U.S. Dollars ($300,000) as an endowment for the maintenance and operations of costs of Hutchins Street Square. 6.4.13 Agreement with Citizens for Open Government Landowner shall comply with the terms of the Agreement to Amend Westside Development Agreement dated Deoember 4, 2006 by and between the City, Citizens for Open Government and Landowner, a copy of which is attached hereto as Exhibit L and incorporated herein by reference. 6.5 Ar0exstion The ability to proceed with development of the Property pursuant to the Project Approvals shall be contingent upon the annexation of the Property into the City. Pending such annexation, Landowner may, at its own risk, process tentative parcel maps and tentative subdivision maps and improvement or construction plans and City may conditionally approve such tentative maps andfor improvement plans in accordance with the Entitlements, provided City shall not approve any final parcel map or final subdivision map for recordation nor approve the issuance of any grading permit for grading any portion of the Property or building permit for any structure within the Property prior to the annexation of the Property to the City. City shall use its best efforts and due diligence to initiate such annexation process, obtain the necessary approvals and consummate the annexation of the Property into the City, including entering into any annexation agreement that may be required in relation thereto, subject to the City's review and approval of the terms thereof. Landowner shall be responsible for the costs reasonably and directly incurred by the City to initiate, process and consummate such annexation, the payment of which shall be due in advance, based on the City's estimate of such cost, and thereafter as and when the City provides an invoice(s) for additional costs incurred by City therefore in excess of such estimate. 7. AaullcaWe Runes. Rnulafigns. Fe" and Qfkill Policies. 7.1. Rules Regarding Permitted_ Uses Except as provided in this Agreement, the City's ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, the density and intensity of use, the rate timing and sequencing of development, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land shall be those in force on the Effective Date of this Agreement. Except as provided in Section 8.2, this Agreement does not vest Landowner's 859464-6 Draft Version 4 3/9/2007 rights to pay developmend impact fees, exactions and dedications, processing fees, inspection fees, plan checking fees or charges. 7.2. RMW RMrdhNn qnd CgnstrUgfi2n. The Project has been designed as a Planned Development pursuant to Chapter 17.33 of the Lodi Municipal Code. Design, improvements and construction standards shall be as set forth in Project Approvals including the Development Plan, and shall be vested for the term of this Agreement. Unless otherwise provided within the Development Plan or expressly provided in this Agreement, all other ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the Project and to public improvements to be constructed by the Landowner shall be those in force and effect at the time the applicable permit approval is granted. 7.3. Clinsres in State or Federal Law. This Agreement shall not preclude the application to development of the Property of changes in City laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in State or Federal laws or regulations. These changes may include any increase in an existing fee or imposition of a new fee that are necessary for the City or Landowner to comply with changes in State or Federal laws or regulations, including but not limited to sewer, water and stormwater laws or regulations. 7.4. Urdforrn Codes Applicable. Unless otherwise expressly provided in this Agreement, the Project aihall be constructed in accordance with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire Codes, City standard construction specifications, and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the time of approval of the appropriate building, grading, encroachment or other construction permits for the Project. If no permits are required for infrastructure improvements, such improvements will be constructed in accordance with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire Codes, City standard construction specifications, and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the start of construction of such infrastructure. 8. Existing Foes, Newly Enacted Fees, Dedications, Assessments and Taxes. 8.1. Processing Fees and Charges. Landowner shall pay those processing, inspection, and plan check fees and charges required by City under then current regulations for processing applications and requests for permits, approvals and other actions, and monitoring compliance with any permits issued or approvals granted or the performance of any conditions with respect thereto or any performance required of Landowner hereunder. 8.2. E*ting Fees. Exactions and Dedications Landowner shall be obligated to provide all dedications and exactions and pay all types of fees as required for the types of development authorized by the Project Approvals as of the Effective Date of this Agreement. With regards any fees applicable to residential development, the Parties agree that 859464-6 Draft Version 4 3/9/2007 the fees shall be payable at the earliest time authorized pursuant to the Government Code Section 66007 as it exists as of the Effective Date of this Agreement. The specific categories of fees payable are listed below. The dedication and exaction obligations and fee amounts payable shall be those obligations and fee amounts applicable (indexed as set forth hereinbelow) as of the date that the Landowner's application for the applicable vesting tentative map is deemed complete. For any development for which the Landowner has not submitted a vesting tentative map, the dedication and exaction obligations and fee amounts payable shall be those obligations and fee amounts applicable (indexed as set forth hereinbelow) as of the date the final discretionary approval for that development is granted by the City. Standard City Development Impact Fees Payable by the Landowner include: 1. Development Impact Fees (Lodi Municipal Code Chapter 15.64) 2. San Joaquin County Regional Transportation Impact Fee (Lodi Municipal Code Chapter 15.65 3, County Facilities Fee (Lodi Municipal Code Chapter 15.66) 4. San Joaquin County Multi -Species Habitat Conservation and Open Space Development Fee (Lodi Municipal Code Chapter 15.68) Any existing fees may be increased during the term of this Agreement provided that such increases are limited to annual indexing (i.e. per the Engineering News Record Index, or the CPI, or other index utilized by the City) and as provided in current fee ordinances. The initial adjustment shall be effective as of four years after the Effective Date of the Agreement and shall be calculated based on the difference in the applicable index from the numerical rate at the end of the month following the third year after the Effective Date and the numerical rate at the end of the month following the fourth year after the Effective Date. All subsequent increases shall be based on the annual change in the applicable index. Notwithstanding the preceding sentence, index adjustments to the fees set forth in subsections 2, 3 and 4 of this section shall be effective annually as set forth in the relevant ordinances and resolutions. Moreover, Landowner will be subject to the indexing called for above even if Landowner has filed a complete application for a Vesting Tentative Map and will not vest against such indexing until payment of the fees as ca4ed for in this Agreement. 8.3. Nero Devsloament _Impact Fees, Exactions and Dedications. Landowner agrees to the pay the development fees identified in Section 6.1, including specifically subsections 6. 1.1 through 6.1.4, of this Agreement. With regards any fees applicable to residential development, the Parties agree that the fees shall be payable at the earliest time authorized pursuant to the Government Code Section 66007 as it exists as of the Effective Date of this Agreement. Except as expressly provided herein, Landowner shall not be obligated to pay or provide any development impact fees, connection or mitigation fees, or exactions adopted by City after the Effective Date of this Agreement. Notwithstanding this limitation, Landowner may at its sole 859464-6 Draft Version 4 3/9/2007 discretion elect to pay or provide any fee or exaction adopted after the Effective Date of this Agreement. 8.4. F2gRe&ggons To the extent that any fees payable pursuant to the requirements of Sections 8.1 are reduced after the operative date for determining the fee has occurred, the Landowner shall pay the reduced fee amount. 9. Communikv F gillles Distric. Formation of a Community Facilities District for Pub4ic Improvemen6 and Services. 9.1. Inclusion in a Community Facilities District. Landowner agrees to cooperate in the formation of a Community Facilities District pursuant to Government Code Section 53311 et seq. to be formed by the City. The boundaries of the area of Community Facilities District shall be contiguous with the boundaries of the Property excluding the portion of land zoned for commercial or office development. Landowner agrees not to protest said district formation and agrees to vote in favor of levying a special tax on the Property in an amount not to exceed $600 per year per single family attached or detached residential dwelling unit and $175 per year for each attached multi -family rental unit as adjusted herein. The special tax shall be initiated for all residential dwelling units for which a building permit is issued, and shall commence to be levied beginning the subsequent fiscal year after the building permit is issued. Landowner acknowledges that the 2007-2008 special tax rate for the units in the Project will not exceed $600 per single family attached or detached dwelling unit and $175 per year for each attached multi -family rental unit and that the special tax shall increase each year by 2% in perpetuity. A vote by Landowner against the levying of the special tax or a vote to repeal or amend the special tax shall constitute an event of default under this Agreement. 9.2. Use of Community Facilities District Revenues Landowner and City agree that the improvements and services that may be provided with the special tax levied pursuant to Section 9.1 may be used for the following improvements and services: a. Police protection and criminal justice services; b. Fire protection, suppression, paramedic and ambulance services; C. Recreation and library program services; d. Operation and maintenance of museums and cultural facilities; e. Maintenance of park, parkways and open space areas dedicated to the City; f. Flood and storm protection services; g. Improvement, rehabilitation or maintenance of any real or personal property that has been contaminated by hazardous substances; In. Purchase, construction, expansion, improvement, or rehabilitation or any real or tangible property with useful life of more than five years; and, i. Design, engineering, acquisition or construction of public facilities with a useful life of more that five years including: 859464-6 Draft Version 4 3/9/2007 I . Local park, recreation, parkway and open -space facilities, 2. Libraries, 3. Childcare facilities, 4. Water transmission and distribution facilities, natural gas, telephone, energy and cable television lines, and 5. Government facilities. Landowner and City agree that Property does not presently receive any of these services from the City and that all of these services are new services. 9.3. Clmm_mnitl Facilities Distract for Residential Property FlDAneing. In addition to the fundiN provided as part of the Community Facilities District identified in Section 9.1, City acknowledges that Landowner may desire to finance the acquisition or construction of a portion of the improvements described in Section 8.2 through the Community Facilities District. The costs associated with the items identified in Section 8.2 shall be in addition to the annual cost imposed to comply with Section 9.1. The following provisions shall apply to any to the extent that the Landowner desires to fund any of the improvements set forth in Section 8.2 through the Community Facilities District: 9.3.1 Issuance of Bonds. City and Landowner agree that, with Te consent of Landowner, and to the extent permitted by law, City and Landowner shall use their best efforts to cause bonds to be issued in amounts sufficient to achieve the purposes of this Section. 9.3.2 Payment Prior to Issuance of Bonds. Nothing in this Agreement shall be construed to preclude the payment by an owner of any of the parcels to be included within the CFD of a cash amount equivalent to its proportionate share of costs for the improvements identified in Section 8.2, or any portion thereof, prior to the issuance of bonds. 9.3.3 Private Financing. Nothing in this Agreement shall be construed to limit Landowner's option to install the improvements through the use of private financing. 9.3.4 Acquisition and Payment. City agrees that it shall use its best efforts to allow and facilitate monthly acquisition of completed improvements or completed portions thereof, and monthly payment of appropriate amounts for such improvements to the person or entity constructing improvements or portions thereof, provided City shall only be obligated to use CFD bond or tax proceeds for such acquisitions. 859464-6 Draft Version 4 3/9/2007 10. Processigg of SWgLeguent Development Am*r4ftrig and B din Pe Subject to Landowner'' compliance with the City's application requirements including, specifically, submission of required information and payment of appropriate fees, and assuming Landowner is not in default under the terms and conditions of this Agreement, the City shall process Landowner's subsequent development applications and building permit requests in an expeditious manner. In addition, City agrees that upon payment of any required City fees or costs, City will designate or retain, as necessary, appropriate personnel and consultants to process Landowner's development applications and building permit requests City approvals in an expeditious manner. 11. Reserved 11. Arnendrt t or Cimillation. 11.1. Mtification Because of Conflict MO-Itate or Fe&. Egi Laws. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the parties shall meet and comer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or State law or regulation. Any such amendment or suspension of the Agreement shall be approved by the City Council in accordance with the Municipal Code and this Agreement. 11.2. A endm#At by Mutusti Consent. This Agreement maybe amended in writing from time to time by mutual consent of the parties hereto and in accordance with the procedures of State law and the Municipal Code. 11.3. Insubstantial Amendments. Notwithstanding the provisions of the preceding Section 11 .2, any amendments to this Agreement which do not relate to (a) the term of the Agreement as provided in Section 5.2; (b) the permitted uses of the Property as provided in Sections 6.2 and 7.1; (c) provisions for reservation or dedication of land; (d) the location and maintenance of on-site and off-site improvements; (e) the density or intensity of use of the Project; (f) the maximum height or size of proposed buildings or (g) monetary contributions by Landowner as provided in this Agreement shall not, except to the extent otherwise required by law, require notice or public hearing before either the Planning Commission or the City Council before the parties may execute an amendment hereto. 11.4. AWndment of Project Approvals. Any amendment of Project Approvals relating to: (a) the permitted use of the Property; (b) provision for reservation or dedication of land; (c) the density or intensity of use of the Project; (d) the maximum height or size of proposed buildings; (e) monetary contributions by the Landowner; (f) the location and maintenance of on-site and off-site improvements; or (g) any other issue or subject not identified as an "insubstantial amendment" in Section 11.3 of this Agreement, shall require an amendment of this Agreement. Such amendment shall be limited to those provisions of this Agreement, 859464-6 Draft Version 4 3/9/2007 which are implicated by the amendment of the Project Approval. Any other amendment of the Project Approval(s) shall not require amendment of this Agreement unless the amendment of the Project Approval(s) relates specifically to some provision of this Agreement. 11.5. Cagellabon by Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of the Municipal Code. Any fees paid pursuant to this Agreement prior to the date of cancellation shall be retained by City. 12. Term of ftieet Agorgvals. Pursuant to California Government Code Section 66452.6(a), the term of any parcel map or tentative subdivision map shall automatically be extended for the term of this Agreement. 13. Annual Raisw. 13.1. R21lew Date. The annual review date for this Agreement shall occur either within the same mdnth each year as the month in which the Agreement is executed or the month immediately thereafter. 13.2. In tion off Review. The City's Planning Director shall initiate the annual review by giving to Landowner written notice that the City intends to undertake such review. Within thirty (30) days of City's notice, Landowner shall provide evidence to the Planning Director to demonstrate good faith compliance with the Development Agreement. The burden of proof, by substantial evidence of compliance, is upon the Landowner. The City's failure to timely initiate the annual review is not deemed to be a waiver of the right to do so at a later date; accordingly, Landowner is not deemed to be in compliance with the Agreement by virtue of such failure to timely initiate review. 13.3. S%O Reports. City shall deposit in the mail to Landowner a copy of all staff reports, and related Exhibits, concerning contract performance at least three (3) days prior to any annual review. 13.4. Cg_. Costs reasonably incurred by the City in connection with the annual review shall be paid by Landowner in accordance with the City's schedule of fees and billing rates in effect at the time of review. 13.5. Noy-corn2knee with Agreement: Hearing. If the Planning Director determines, on the basis of substantial evidence, that Landowner has not complied in good faith with the terms and conditions of the Agreement during the period under review, the City Council, upon receipt of any report or recommendation from the Planning Commission, may initiate proceedings to modify or terminate the Agreement, at which time an administrative hearing shall be conducted, in accordance with the procedures of State law. As part of that final 859464-6 Draft Version 4 3/9/2007 determination, the City Council may impose conditions that it considers necessary and appropriate to protect the interest of the City. 13.6. Au_aeal of Determination. The decision of the City Council as to Landowner's compliance shall be final, and any Court action or proceeding to attack, review, set aside, void or annul any decision of the determination by the Council shall be commenced within thirty (30) days of the final decision by the City Council. 14. Defaullt. Subject to any applicable extension of time, failure by any party to substantially perform any term or provision of this Agreement required to be performed by such party shall constitute a material event of default ("Event of Default"). For purposes of this Agreement, a party claiming another party is in default shall be referred to as the "Complaining Party," and the party alleged to be in default shall be referred to as the "Party in Default." A Complaining Party shall not exercise any of its remedies as the result of such Event of Default unless such Complaining Party first gives notice to the Party in Default as provided in Section 15.1.1, and the Party in Default fails to cure such Event of Default within the applicable cure period. 14.1. Procedure Renardiina Defaults. 14.1.1. Notice. The Complaining Party shall give written notice of default to the Party in Default, specifying the default complained of by the Complaining Party. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. 14.1.2. Cure. The Party in Default shall diligently endeavor to cure, correct or remedy the matter complained of, provided such cure, correction or remedy shall be completed within the applicable time period set forth herein after receipt of written notice (or such additional time as may be deemed by the Complaining Party to be reasonably necessary to correct the matter). 14.1.3. Failure to Assert. Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies shall not deprive the Complaining Party of its right to institute and maintain any actions or proceedings, which it may deem necessary to protect, assert, or enforce any such rights or remedies. 14.1.4. Notice of Default. If an Event of Default occurs prior to exercising any remedies, the Complaining Party shall give the Party in Default written notice of such default. If the default is reasonably capable of being cured within thirty (30) days, the Party in Default shall have such period to effect a cure prior to exercise of remedies by the Complaining Party. If the nature of the alleged default is such that it cannot, practicably be cured within such thirty (30) day period, the cure shall be deemed to have occurred within such 859464-6 Draft Version 4 3/9/2007 thirty (30) day period if: (a) the cure shall be commenced at the earliest practicable date following receipt of the notice; (b) the cure is diligently prosecuted to completion at all times thereafter; (c) at the earliest practicable date (in no event later than thirty (30) days after the curing party's receipt of the notice), the curing party provides written notice to the other party that the cure cannot practicably be completed within such thirty (30) day period; and (d) the cure is completed at the earliest practicable date. In no event shall Complaining Party be precluded from exercising remedies if a default is not cured within ninety (90) days after the first notice of default is given. 14.1.5. Legal Proceedings. Subject to the foregoing, if the Party in Default fails to cure a default in accordance with the foregoing, the Complaining Party, at its option, may institute legal proceedings pursuant to this Agreement or, in the event of a material default, terminate this Agreement. Upon the occurrence of an Event of Default, the parties may pursue all other remedies at law or in equity, which are not otherwise provided for or prohibited by this Agreement, or in the City's regulations if any governing development agreements, expressly including the remedy of specific performance of this Agreement. 14.1.6. Effect of Termination. If this Agreement is terminated following any Event of Default of Landowner or for any other reason, such termination shall not affect the validity of any building or improvement within the Property which is completed as of the date of termination, provided that such building or improvement has been constructed pursuant to a building permit issued by the City. Furthermore, no termination of this Agreement shall prevent Landowner from completing and occupying any building or other improvement authorized pursuant to a valid building permit previously issued by the City that is under construction at the time of termination, provided that any such building or improvement is completed in accordance with said building permit in effect at the time of such termination. 15. Estoppel ,Certific tie. Either Party may, at any time, and from time to time, request written notice from the other Party requesting such Party to certify in writing that, (a) this Agreement is in full force and effect and a binding obligation of the Parties; (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments; and (c) to the knowledge of the certifying Party the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A Party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the Parties. City Manager of City shall be authorized to execute any certificate requested by Landowner. Should the party receiving the request not execute and return such certificate within the applicable period, this shall not be deemed to be a default. 16. Nigrtgagr Protegborn Certain Rights of Cure. 16.1. Madaame_PrOection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this 859464-6 Draft Version 4 3/9/2007 Agreement, including the lien for any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 16.2. Mortaaoee Not Obligated. Notwithstanding the provisions of Section 17.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perform or provide any fee, dedication, improvements or other exaction or imposition; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon, authorized by the Project Approvals or by this Agreement, unless Mortgagee agrees to and does construct or complete the construction of improvements, or guarantees such construction of improvements, or pays, performs or provides any fee, dedication, improvements or other exaction or imposition as required by the Project Approvals. 16.3. Nice of Default to Mor toawe and Extension of Right to Cure. If City receives notice from a Mortgagee requesting a copy of any notice of default given Landowner hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Landowner, any notice given to Landowner with respect to any claim by City that Landowner has committed an Event of Default. Each Mortgagee shall have the right during the same period available to Landowner to cure or remedy, or to commence to cure or remedy, the Event of Default claimed set forth in the City's notice. City, through its City Manager, may extend the cure period provided in Section 15.1.2 for not more than an additional sixty (60) days upon request of Landowner or a Mortgagee. 17. SeverabiY#v. Except as set forth herein, if any term, covenant or condition of this Agreement or the application thereof to any person, entity or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to persons, entities or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and be enforced to the fullest extent permitted by law; provided, however, if any provision of this Agreement is determined to be invalid or unenforceable and the effect thereof is to deprive a Party hereto of an essential benefit of its bargain hereunder, then such Party so deprived shall have the option to terminate this entire Agreement from and after such determination. 18. AwlicabtLaw,. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 859464-6 Draft Version 4 3/9/2007 19. A n s' Fees a1W gooll in LMI AcfiM By Ac'Parties to the AuMMnt. Should any legal action be brought by either party for breach of this Agreement or to enforce any provisions herein, the prevailing party to such action shall be entitled to reasonable attomeys' fees, court costs, and such other costs as may be fixed by the Court. 20. Attorneys' Fees §nd Costs in Legal Aeons By Third Parties to the A r nt n Co n Pe it Processing.If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the parties shall cooperate and appear in defending such action. Landowner shall bear its own costs of defense as a real party in interest in any such action. Landowner shall reimburse City on an equal basis for all reasonable court costs and attorneys' fees expended by City in defense of any such action or other proceeding and shall pay any attorneys fees and costs that may be awarded to the third party or parties. The City agrees that in the event an action at law or in equity to challenge the validity of the Project Approvals is filed by a third party other than by a state or federal agency, the City will continue to process and approve permit applications that are consistent with and comply with the Project Approvals unless a court enjoins further processing of permit applications and issuance of permits. 21. Transfers and Assionm_ tints. From and after recordation of this Agreement against the Property, Landowner shall have the full right to assign this Agreement as to the Property, or any portion thereof, in connection with any sale, transfer or conveyance thereof, and upon the express written assignment by Landowner and assumption by the assignee of such assignment in the form attached hereto as Exhibit G and the conveyance of Landowner's interest in the Property related thereto, Landowner shall be released from any further liability or obligation hereunder related to the portion of the Property so conveyed and the assignee shall be deemed to be the "Landowner," with all rights and obligations related thereto, with respect to such conveyed property. Prior to recordation of this Agreement, any proposed assignment of this Agreement by Landowner shall be subject to the prior written: consent of the City Manager on behalf of the City and the form of such assignment shall be subject to the approval of the City Attorney, neither of which shall be unreasonably withheld. 22. AareemRW Runs with the Land. Except as otherwise provided for in Section 15 of this Agreement, all of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the property hereunder, or with respect to any owned property; (a) is for the benefit of such properties and is a burden upon such properties; (b) runs with such properties; and (c) is binding upon each party and each successive owner during its ownership of such 854464-b Draft Version 4 3/9/2007 properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. 23. Bankruply. The obligations of this Agreement shall not be dischargeable in bankruptcy. 24. Ind2mniltation. Landowner agrees to indemnify, defend and hold harmless City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for (1) any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by the Landowner, or any actions or inactions of Landowner's corttractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Property and the Project, provided that Landowner shall have no indemnification obligation with respect to the gross negligence or willful misconduct of City, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by the City or another public entity (except as provided in an improvement agreement or maintenance bond) and (2) any additional mitigation required, including but not limited to payment of any mitigation fees that may be imposed, as a result of a lawsuit filed by a third party challenging or seeking to invalidate the Project Approvals. 25. Insurance. 25.1. Pte, is Liability and Property Danme Insurance. At all times that Landowner is constructing any improvements that will become public improvements, Landowner shall maintain in effect a policy of comprehensive general liability insurance with a per -occurrence combined single limit of not less than two million ($2,000,000) dollars and a deductible of not more than fifty thousand ($50,000) dollars per claim. The policy so maintained by Landowner shall name the City as an additional insured and shall include either a severability of interest clause or cross -liability endorsement. 25.2. w, cers' Com�enetion Insurance. At all times that Landowner is constructing any improvements that will become public improvements, Landowner shall maintain Workers' Compensation insurance for all persons employed by Landowner for work at the Project site. Landowner shall require each contractor and subcontractor similarly to provide Workers' Compensation insurance for its respective employees. Landowner agrees to indemnify the City for any damage resulting from Landowner's failure to maintain any such insurance. 25.3. Ey ence of Insurance. Prior to commencement of construction of any improvements which will become public improvements, Landowner shall furnish City satisfactory evidence of the insurance required in Sections 26.1 and 26.2 and evidence that the carrier is required to give the City at least fifteen (15) days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to the City, its elective and 859464-6 Draft. Version 4 3/9/2007 appointive boards, commissions, officers, agents, employees and representatives and to Landowner performing work on the Project. 26. E, use SK Non_nllarforman . Landowner and City shall be excused from peri+orming any obligation or undertaking provided in this Agreement, except any obligation to pay any sum of money under the applicable provisions hereof, in the event and so long as the performance of any such obligation is prevented or delayed, retarded or hindered by act of God, fire, earthquake, flood, explosion, action of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strikes, lockouts, condemnation, requisition, laws, orders of governmental, civil, military or naval authority, or any other cause, whether similar or dissimilar to the foregoing, not within the control of the Party claiming the extension of time to perform. The Party claiming such extension shall send written notice of the claimed extension to the other Party within thirty (30) days from the commencement of the cause entitling the Party to the extension. 27. Third Pavlty� 2"icisries. This Agreement is made and entered into for the sole protection and benefit of the Landowner and, the City and their successors and assigns. No other person shall have any right of action based upon any provision in this Agreement. 28. Notices. All notices required by this Agreement, the enabling legislation, or the procedure adopted pursuant to Government Code Section 65865, shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to the City shall be addressed as follows: CITY OF LODI City Manager P.O. Box 3006 Lodi, CA 95241-1910 Notice required to be given to the Landowner shall be addressed as follows: FRONTIER COMMUNITY BUILDERS, INC. Either party may change the address stated herein by giving notice in writing to the other party, and thereafter notices shell be addressed and transmitted to the new address. 28. Form of &ereement: Recordation; Exhibift. Except when this Agreement is automatically terminated due to the expiration of the Term of the Agreement or the provisions of 859464-6 Draft Version 4 3/9/2007 Section 5.3 (Automatic Termination Upon Completion and Sale of Residential Lot), the City shall cause this Agreement, any amendment hereto and any other termination of any parts or provisions hereof, to be recorded, at Landowner's expense, with the county Recorder within ten (10) days of the effective date thereof. Any amendment or termination of this Agreement to be recorded that affects less than all of the Property shall describe the portion thereof that is the subject of such amendment or termination. This Agreement is executed in three duplicate originals, each of which is deemed to be an original. This Agreement consists of _ pages and Exhibits, which constitute the entire understanding and agreement of the parties. 30. Further Amurances. The Parties agree to execute such additional instruments and to undertake such actions as may be necessary to effectuate the intent of this Agreement. 31. City Cooperation, The City agrees to cooperate with Landowner in securing all permits which may be required by City. In the event State or Federal laws or regulations enacted after the Effective Date, or action of any governmental jurisdiction, prevent delay or preclude compliance with one or more provisions of this Agreement, or require changes in plans, maps or permits approved by City, the parties agree that the provisions of this Agreement shall be modified, extended, or suspended as may be necessary to comply with such State and Federal laws or regulations or the regulations of other governmental jurisdictions. Each party agrees to extend to the other its prompt and reasonable cooperation in so modifying this Agrement or approved plans. IN WITNESS WHEREOF, the City of Lodi, a municipal corporation, has authorized the execution of this Agreement in duplicate by its Mayor and attested to by its City Clerk under the authority of Ordinance No. , adopted by the City Council of the City of Lodi on the day of , 2007, and Landowner has caused this Agreement to be executed. "CITY" CITY OF LODI, a municipal corporation By: Name: Blair King Its: City Manager ATTEST: City Clerk 859464-6 Draft Version 4 3/9/2007 "LANDOWNER" FRONTIER COMMUNITY BUILDERS, INC. By: _ Name: Its: APPROVED AS To FORMi D. bauer CitIAtkmey 859,164-6 Drab Version 4 319/2407 Exhibit A-1: Exhibit A-2: Exhibit B: Exhibit B-1: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K Exhibit L 859464-6 Draft Version 4 3/9/2007 EXHIBIT LIST Legal Description of the Property Diagram of the Property General Plan Land Use Map Zoning Map for Project Site Reserved Development Plan and Infrastructure Map for the Property Growth Management Allocations Annexation Approvals Form of Assignment Reserved Park Improvements Required Park Amenities Benefited Properties Agreement to Amend Westside Development Agreement EXHNNT A-1 LEGAL DESCRIPTION OF THE PROPERTY The Wknd reWred to herds is sitpted in the State of Ca1Nemla, County of Sam Jompin, City Of L edi, and Is des ed as tollvws: 859464-6 Draft *ersim 4 3/9/2007 EXHUNT A-2 DIAGRM OF THE PROPERTY 859444-6 Dra*Version 4 3/9/2007 a 1% L-. p I 1Id t •.�oil.,��, = tea. millivolts 1 oil ■ar. 111,11 I1M"II PD(7 6) I L�IT :►�do 01 Nil 1"Im" " l 46ii■ EXWBIT C Reserved 859464-6 Draft Version 4 3/9/2007 EXHIBIT D DEVELOPMENT PLAN AND INFRASTRACTURE MAP FOR THE PROPERTY 859454-6 Draft Version 4 3/9/2007 EXHIBIT E WESTSIDE PROJECT GROWTH MANAGEMENT ALLOCATION TABLE Apecoble Date Allocation Effective Date of 215 Low Density Units (Reserve) DeWopment Agreement Wilhin the Calendar Year One Year 70 Medium Density Units after the Effective Date Within the Calendar Year Two Years 180 High Density Units after Effective Date 40 Low Densi Units Within the Calendar Year Three Years 40 Low Density Units after Effective Date Within the Calendar Year Four Years 40 Low Density Units after Effective Date Within the Calendar Year Five Years 40 Low Density Units after Effective Date Within the Calendar Year Six Years 40 Low Density Units after Effective Date Within the Calendar Year Seven Years 40 Low Density Units after Effective Date Within the Calendar Year Eight Years 40 Low Density Units after Effective Date 859464-6 Draft Version 4 3/9/2007 EXH MT F $59444-6 Draft Version 4 3/9/2007 EXHIBIT G FORM OF ASSIGNMENT OFFICIAL BUSINESS Document entitled to free recording Government Code Section 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 Attn: City Clerk (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) ASSIGNMENT AND ASSUMPTION AGREEMENT RELATIVE TO FRONTIER COMMUNITY BUILDERS WESTSIDE DEVELOPMENT AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter, the "Agreement") is entered into this day of , 200_ , by and between Frontier Community Builders, a corporation (hereinafter "Developer"), and a (hereinafter "Assignee"). RECITALS 1. On , 2007, the City of Lodi and Developer entered into that certain agreement entitled "Development Agreement By and Between The City of Lodi and Frontier Community Builders, Inc. related to the development known as Frontier Community Builders Westside Project (hereinafter the "Development Agreement"). Pursuant to the Development Agreement, Developer agreed to develop certain property more particularly described in the Development Agreement (hereinafter, 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 San Joaquin County on 2007, as Instrument No. - 859464-6 Draft Version 4 3/9/2007 2. Developer 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=1 and Exhibit A-2, attached hereto and incorporated herein by this reference (hereinafter the "Assigned Parcel"). 3. Developer desires to assign and Assignee desires to assume all of Developer's right, title, interest, burdens and obligations under the Development Agreement with respect to and as related to the Assigned Parcel. ASSIGNMENT ANDAS, , SUIICTION NOW, THEREFORE, Developer and Assignee hereby agree as follows: 1. Developer hereby assigns, effective as of Developer's conveyance of the Assigned Parcel to Assignee, all of the rights, title, interest, burdens and obligations of Developer under the Development Agreement with respect to the Assigned Parcel. Developer 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 Developer. 2. Assignee hereby assumes all of the rights, title, interest, burdens and obligations of Developer under the Development Agreement with respect to the Assigned Parcel, and agrees to observe and fully perform all of the duties and obligations of Developer 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 Developer as the "Developer" 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 of the Development Agreement for the Developer 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. 959464-6 Draft Version 4 3/9/2007 DEVELOPER: Ily: Print Name: Ule: Division President 059464-6 Draft Version 4 3/9/2007 ASSIGNEE: a By: Print Name: Title: EXHIBIT H RESERVED 859464-6 Draft Version 4 3/9/2007 EST I PARK NTS Basin/Park Area Summary Westside Annexation Location Park Basin (1), Net acres 2 ,acnes Gross, acres Totai, acres A 2.9 1.6 1.6 4.5 B 2.1 2.1 2.1 C 8.2 5.4 6.1 14.3 Southwest uawwav Annexabon Location Park Basin (1), Net acres 2 ,acres Gross, acres Total, acres D 5.9 1.5 1.5 7.4 E 6.7 2.4 2.4 9.1 F 4.8 1.5 1.5 6.3 G 2.2 2.2 2.2 H 2 2 2 Open Space# on Century Blvd, 0 0 0 (1) V*stside Annexation area basin calculations not approved. The basin area numbers are subject to change. (2) Nbt area measured from street right of way. Acta requirements are exclusive of bike and ped ratites. (3) Park to be located at the southwest end of designated area. P*rk to be located at the south end of designated (4) area. Two slivers of open space are shown on Century (5) MO. N#ither area provides sufficient space for pane fatr3ities. 809464-6 17O*ft Version 4 3/9/2007 (3) (4) (5) $59464-6 OMft Version 4 3/9/2007 REQUIRED PARK AMENITIES 859464-6 Draft Version 4 3/9/2007 ©■r■■moo©o©a■av00000v©© �r©■■■©■o©o©�■■■■vo©moo©■© ©■�©■000©o©■■■�0000000©© o�©■■■■■■■�©o©■�■■�oo©moo©■© ©cam©■■■■�■■�©o©�■■�■vo©moo©■© 859464-6 Draft Version 4 3/9/2007 AA. BENEFITED PROPERTIES 8594646 Draft Version 4 3/9/2007 AGREEMENT TO AMEND WESTSIDE DEVELOPMENT AGREEMENT 859464-6 Draft Version 4 3/9/2007 AGREEMENT TO AMEND it •�'�'` �� �c �� a 1! REFRAON FROM CHALLENGINGPROJECT THIS AGREEMEIiff is mace this 4P day of Der*mber, 2007 by and between the City of Lodi (City), a CaWgmia General I.Aw city, represented by the City Manager and City Attmeey with the Ilmhod authority as described in Section 1.A; Citizens for Open Governtrio tt, an uninewporatod association {Cftens}, and Frontiers Community Builders (Develo"r) a dba of Fiontler Lend Companies, a CaWomia Corporation, The Parties agree as follows: 1. Hf41111L UMEM T,, = The City of Lodi [`City') is a General Low city go mmed by a fife-mernber oft y council. For an purposes heer+elr omd during all times during the negptlation of this Agreement the City N%mger and City Attomay have represented the City. However In this Agreement and at all thnes during the negotiation of the Agreement the City Managar and/or City Attorney have looked the capacity or MW authority to bind the City of Lodi and/or the City Council. The parties understand that throughout the negotiation and In executing this Agreement the City r tanager and City "sy can only recommend to 'the City Counil that It take certain actions. All authority and discretion remains with the City Council over whether the City Council will approve or disapprove of this Agreement. the City Council is scheduled to hear the Project at a duty n"ice:d public hearing scheduled after February 1.2007. Citizens Is an anincorporated amclation that has commented on the development proposed by Developer. The "Project" refeerred to herein Is as defined in the Development Agreement for the "FCB Wev Wde Project" with all Project Approvals described therein, Citizens desire to Wive certain mitigation measures and clarifications added to the Development Agreement negotiated behmn City and Developer that in the opinion of Citizens will further the interest of the City end the interest of the public. If these arnondmeertts Bre added to the draft Development Agreement In the form of this Agreement, which shall be an wdtfblt to the; Development Agreements, then Citizens will support the Project, will not make negative comments about the Project's EIR or the Project at any City Council or other public hearings, and will not subsequerrtly challenge tM certification of the EER or the Project Approvals, directly or indirectly. Ann Carnegy shall be the sole spokesperson for citizens and make these statements at the City Council hearing. anniV 'A A7QV 'ON TIT^" ly,T;.n ,I. --n--- A17.: ./667 'V7. Developer, a p� entity, Is the applicant for the Devalopment Agreements and Poeject Approvarin des therein. The term "Developer" includes all r'eleted entities of Developer and their successors In Interest I B. The ps t4a agree that the Development Agreements contain commitments for MaJor infrastructure an# amenities that will ms&W in public beneft for the Ctty. C. Although ICitizeto are not fully satlefled with all aspects of the Project and CIR, it has balanced the berjrefits of the Project, including the dtariges to the draft Development Alreemera as set fortis in this Agreement, ageinet the adverse effects of the Protects and has concluded that thProjects, separately or combined. are substantially more beneficial to the City than detrinne;rtal. the parties egrM that the draft Development Agreement for the Pr4ect, scheduled to be considered by the Ciky Counch at the pulmo heating after January 1, 2007, Is to be hereby amended by and through th6 Agreement, which shall be attached to the Development Agreemerd as Exhibit 7P777114=57 7 (1) Developer shall pbtain permanent easements to bs held by the City or other qualified atity (e.g., Central f=armland Trust) limiting the use of Sam Joaquin County real property to agricultural uses and related activities as are permitted from time to time under the agricultural zoning laws of the County (*Agricultural Conservation Easements7. In providing mitigation for Impacts to agricultural land, Developer shell adhere to the terms of ,the final adopted Son Joaquin County Agriouaturai MWIon Ordinance, now under consideration by the Sen Joaquin County Board of Supervisors. (See November 14, 2006 draft 4rdtnance.) (2) At a minimum, and notwithstanding the terms of the final, adopted County Ordinance, the Agri rat Conservation Easemonts shalt be recorded on ai 1:1 acre (conserwW:developedi ratio against an aigregata total of ug to 152 ✓acres, more or less, contained within FCB WoMide Pr*cL involy ne ossa of mom parcili of land - though ngt necessarily contiguous -- with each mitigation acre located within Sen Joaquin County and zoned for agricultural uses ("Protected Properties"). if mNlgatlon lands are located in the Primary Zone of the Spn Joaquin Delta that lies within the County, the mitigation ratio shall be on a 2:1 acre (eonserved:developed) basis. However, if prior to the Developer's compliance with this agricultural mitigation requirement, the San Joaquin Board of supervisors excludes lance within Certain arses of the County (e.g., the Primary Zone of the Delta) from being used for agricultural mitigation purposes, the parties agree that those lands would be exciudpd from being used for mitigation purpown under this Agreement (3) At a minimum, and notwithstanding the terms of the final, adopted County Ordinance, the AgrlcigWral Conservation moments may only apply to Protected Properties that are not encumbered by (a) any other perpetual open apace conservation easement or 2 ornir bl8ti '�N TMVT an TTT'% -.Ad LZ p.000 W 'uEr,Yn ~— deed restriction or (bany other perpetual agriculture mitigation easement or deed ast re icton. The oof ming the Agricultural Conservation Eaeernerft shall rest with the Developer. The Protsctggi Properties must be subject to permanent restrictions on use to ensure the availab#4 of Woulturel production capacity by limiting noh4,gricultural development that is In Istat with agriculture uses and related activitlea. In accordance with the County's N�ber 14, 2006, , draft MRigstlon Ordinance section 9-1080,3, subdivision (eXi), the IDevoloper alW1 pay an administrative fee to cover the costs of administering, monitorift and enforcing the farmland conservation easement in an amount to be determined by the qualified entity that will hold the conservation easement If the City golds the Agricultural Conservation Eummertts, the City will monitor the Protected Properties subject to the easernerhs biannually through its Planning Commission to ensure compliance with the requirermentsi of this provision. If the City is selected to hold the Agricultural Conservation Easements, Developer will pay City $5,000 to compensate the City for monitoring cosVcontingunclesi In connection with the Agricultural Conservation Easements for the Westside Project. (4) The Agricultural `Conservation Easements shalt be recorded in the alplicable ratio(s) soinst a minimum of each acre to be developed (or more) within any phased Fines Stobd Ivision hap of the, Project prior to the date the first residential building permit is issued to Developer for any subh phase thereof. (5) City shall notify O ozena of which silte(s) sue selected to meet the requirements of this provision 30 days prior to the recordation of any Agrtauitural Conservation Easements pursuant to this Agr ent. If both Citizens and the Chy agree, the mitigation ratio applicable to mitigati lands outside of the Delte Primary Zone may be reduced If the Developer proposes to Kiri conservatlon easements that, in the judgment of both Citizens and the City. have a meter mldptlon value than lands that could otherwise be used as mitigation for agricultural impacts of the Projocts under this provision. MINIM- 7 7-77 77 .'.I_..�1L_i �l__1! .L.c :d;if l '..1. 11}_ _►1 1) Developer shall become a California Green Builder prior to the construction of the homes within the Projects. The CaWornia Green Bulkier program requires that all homes are at least JL51k more energy efficient that currently mandated by Title 24 In Caaifornia and meet guildelines for energy eff elency set but the LIS Environmental Protection Agancy. The homes within the Projects may contain a varlefiy of energy efClolent features and alternsOve ener illeatures such as high efficient insulation. high pertormanoe windows, high efficient heating and cooling. equipment, cool roofing, radiant barriers, awnings, overhangs day llghtingjand qualified lighting. 2) Developer's status as a California Green Builder requires Developer to Implement water conspmation features that saves 20,000 gallons per home per year. Developer shall providle front Yard landscaping using weather booed Irrigation controllers and drip irrigation andi may utilize other water conservation features such as high efficiency fixtvrss and efficient plumbing technologies, products and materials. Developer also agrees to use weether based Arfgatlon controllers In front yards, parks and common areas. TTnV A7P. ON Tnn.T s VTTn ,nnnnnn d .•f. nl 66f. Yi. % - 3) =reopqlshall make evellable solar power features and olectrloel car chargiragstatioor o that homeowners within the Projects may elect to purchase alas pain of that horneowne si option package. 4) Developer agrees that at lent 509E of the construction site waste shall be recycled or otherwise dhierted from landfill disposal. 5) Developgr shall use only FFA approved natural gas fireplooes, fireplace irwrts, woodstov+es or pellet stoves when such fireplaces are Installed. Developer will comply with all federaai„saate and lord laws and regulations pertaining to the Installation of wood burning firepiaces. 6) Developer will encourage landscape maintenance corn penles to use electric, pmered equipment. 7) Shade trees will be pkMtesd where appropriate throughout the Project and located to shade paved areas and to prated dwellings from anoW consuming wMronmeatal conditiOns. 8) Developpar agrees w comply with the C.allfbmis Green Builder program that aplies to high density;reeideratiaei emits. Currently a pilot proorarn exists ftt is substantially slmllarto tha low den program, with the exception of the 20,000 gallon per home per year In water cora C. Developer bellgrree that the Project`s current land use plane prarnotethe principles of New Urbanism that inaNde neighborhoods that are walk -able, Intwoonnected, that include pedestrian friendly attr"pes; bivycle friendly design elemernt% well integrated, highly visible, and publicly acEimige open spaces. Developer is also committed to designing the speaft components of the Projects to Include housing and structural forms that are visually interesting, well modu d, constructed of high quality materials, proportionate to their surroundings, and a r6age of housing types, sizes and affordability. D. ftJMWM IrMft 11nd abMis, labgMICMM Developer agrees to implement the Wowing measures: 1) Pr&Ade3 pedestrian enhancing Infrastructure that includes: sidewalks end pedestrian paths„ direct pedestrian connectbns, su vet trees to shade aidewaft. peadeatrlsn serfety dens/inhastruMire, weet ughtintig and/or pedestrian sigrmlization and signage, and 2) Provide bicycle•enheaneing infrastructure that includes: bikeways/paths connecting to a bikevpry 5y5WM as well as secures bike parking. 4 YY/14 A ��T1V 'Dill T"n" 1A TTT� __ lAAnnn ACVYl1 iS r.'f. A11I {i i, ,�I (, uCi iYn E its de: ' The Project's requirement for Investment In Lodi's eoftide Cornmelnrlty as est forth On the FCB Weet¢e Development Agreement Is hereby amended to require that any units *dch are selected by the Developer to be rehabiiketed or replaced and which are curren'tl)y at affordable rents for persona or families of low Income shall re "ain affordable for I?sons of low Income. F. yy(tr %WtG. A lclydonal errtitiernents for urban development within the Project area (i.e., subdIVIsion meps,l parcel maps, building psmtlts, etc.) shall not be granted for any dwellings within the was after tote! water use exceeds the projected safe 9=ndwater yield of the Project area until additional water sources (a.g., W.I.D. groundwater recharge or wear treptrneni or otherwise) are avanable. According to the Westside - Southwest gateway Project Water Supply Assessment (July 2006) ("WSK), a total of appradmately 257 acre feet per year will be avatlabis for the Westside Project upon its annexation while the total projected water demand will likely be in excess of that amount before full build -out ooburs. The purpose of this provision, Bien, is to ensure that water use by the Project does not exceed the projected increase In safe groundwater yield attributable to annexation of the Project area Into the City until additional water sources (e.g., W.I.D. groundwater recharge or water treatment or otherwise) are available, (See WSA, Figure 5-4.) G. Asicultmi. ConSaW Developer shall strive to phase developmerrt in a manner that will reduce land use Wnflicts with lands Currently in agricultural use to the west of the Project. To the extent; feasible, Developer will generally develop the Project in an east to west direction. N. s�ieor�: 1) dao ffi Rmey: This Agreement will not become eftcdve in the event 11hat qdzws and/or Ann Camey: (1) fib any legal action challenging the qty's certification hof the Elft: (2) file any legal action challenging the City's approval of the Project'a land use approval, including the alnendments to the West Side Facilities Master Plan; (3) file any legal action challenging the San Joaquin Local Agency Formation CornmWslon's oompli nee with CEQA; (4) fie any legal action challenong the San Joaquin Local Agency FoRnaoCt , n Commission's approval of the annexation of the territory to the City of Lodi; (5) qualify a oaerendum petition to require an election concerning one or more of the Project's legislative approvals, or (6) violate the terms or the spirit of this Agreement in any other manner. RVEWM",--77111I'm 1 $. The amendment to the Development Agreernent called for In this Agreement will become partially ineffective se sa forth below in the event that any other party. (1) files any Irl action chaiienging the Ova certification of the MR; (2) film any legal action chalietlthe City's eppr al of the Projecrs land use approvals, (3) files any legal action challengiz, the San Joaquin Local Agency Formation Commission's compgance with CEQA; (4) files a legal action challenging the Sem Joaquin Local Agency Formation Commission's approval of the annextition of the territory to the City of Lodi; or, (5) qualifies a 5 CT019 'd 6M '°N T.rn-.T.,-- ..,.,...,.1N Rf0 'til 'UVr - — reftrendurn patition to *ulre an election concerning one or more of the Project's legislative approvals. b. - If an event triggers a partial invalidity as called for above, the ratlio of number of acro to be mitoted per Section 2A. will be reduced by 50% and ralrnbureement of a portion of the fees paid to Citizens under the Southwest Gateway Development Agreeme�R dated November 15, 2006 (ase PeraVaph 3C. ti ereln) shall be due from Citizens to D opar (within 60 days of its written notice to Citizens) In the amount of "57,600.. Moreover, Otizens' statute of limitations to file on action chollenlOng the City's certification of the EIR and/or land use approvals will be toiled for thirty (30) days from the limitations period established by CEQA. City and Developer grant a second conditional and limited tolling of the stitute of ilrnitations to file an action challenging City's certification of the EIR. Tiffs conditional and limited tolling will only atlas upon a legal challenge by a third party to LWCO's determination on the EIR and/or annexation and Citizens' time to file an action shall extend for only thirty (30) days after the third party files its action. Q. In the event that dismissals wlth prejudice are filed with any applicable Court before answers are filed in the third party litigation then Citizens will dismiss any subsequent actions and the terms of this Agreement shall be fully restored. A. Ann Ce , as the sole representative of Citizens, shell appear at all swoprints City Coun: h0arings and express support for the approval of this Agement, and non-opposftn to ale City Council's approval of the Project and caMcatlon of the OR, s & Citizens'represents and warrants that Ann Gerney has authority to execute this Agreement on behalf of Citizens and is authorized to qmk on behalf of the organization at all Lodi City Council rd other public meetings. C. Developer has previously agreed to conditionally pay $40,000 to Citizens as rellttbursement to Cfti�ams for attorney fees expanded In they neagotletlon and executing of an amendment to the SoufthwaK Cweway Development A®reement along the same lines as set forth above; therefore, the parties further agree that Developer owes no a lcnal amounts to reimburse membeis of the Citizens for any time and effort expensed In the process of amending the Wsstside Development Agreement D. If the pwblic beneRfts hicluded In this Agreement are not adopted by the City Council, Citizens' su for approval of this Agmement and non -opposition to the City Counell's approval o e Projects and osrtilloatlon of the ©R will be wlthdmwn and Its previously shited obJ*Wcns will be renewed. City and Developer agree not to assert an exhaustion of administratavo remedies defense as to those issues specihmW raised and exhausted at he3aringp regarding the PrgJect if lftlWon ensues and this agreement becomes null and void, or peart"y invalid, under this Agreement F,TAl 'ri X70'ON ". .1n xr,n rnnnnnnaWr n7.•Y al 0A V!. USI .Tn This Agreement! vitelli tie irnmedlately Who" and binding upon O ens and Devolgw, but subject to terminoWn by condition subsequent should the Lodi City Council not ratify this Agreement at the time of Its public hearing on the P9 Welke Project scheduled air February 1. 2007. The ran -winder of this Agreement Anil only become effective upon the M Council approval of the amendment to the draft Development Agreement that are described in Section 2. Na2wlthstsnding any other provision herein to the contrary, because of the nature of the Irllti utlon measures set ford! herrn (e.g,, faro of 1:1 acres for agriculture nddgation), the parties agree that this Agreement shall be effective as swrtdalone resolutions of their disputes es to this Project. �. ux.zi: ► =,�ak t_�_ ) - is ,. _ ss 3 ;�,•.�_ if the amendm+ t to the Development Agreement called for in this Agreement are adopted by the City Council, Citims agrees that neither it nor Its individual members shall aqe the Coy or the Serf Joaquin Local Agency f=ormation commWoWn avor the sufficiency of the OR or the lend uayannexation dedslons by these public agencies. Further neither Utizerhs nor its members shall enoourage or give asstjst✓ance to arty others to challenge the Developer's Project ether edministrativey or judicially. Moreover, neithor Citizens. nor Its members, will encourage, lndkec Uy assist or actually circulate a petition to place a raftrendurn on the ballot to force an election about the Project's legisiativ8 approvals. This agre@me nt may be executed In counterparts. IF f4 a F l yr l 4brn la' BYE Tom DOUGSte. President City of Lodi ey, Bair ming,Ci4Y4nWnVKtftJ"' Citi Arts *w Open By: Ann Cemey 7 OTOQ 'A 67.0 'ON .non A^ TTV-- ixo%^ wn 67l P :.lflfiZ RESOLUTION NO. 2007-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI APPROVING THE REQUEST OF TOM DOUCETTE, FRONTIER COMMUNITY BUILDERS, FOR AN AII#ENDMENT TO THE BICYCLE TRANSPORTATION MASTED PLAN TO IMPLEMENT THE WESTSIDE PROJECT WHEREAS, the City Council of the City of Lodi has heretofore held a duly noticed public heart , as required by law, on the requested Master Plan Amendment, in accordance with the Government Code and Lodi Municipal Code Chapter 17.84; and WHEREAS, the affected properties are located within the Bicycle Transportation Master Plan area; and WHEREAS, the project proponent and applicant is Tom Doucette, Frontier Community Builders, 10100 Trinity Parkway, Suite 420, Stockton, CA 95219; and WHEREAS, the City of Lodi Planning Commission held public hearings on the proposed amendments on October 11, 2006 and October 25, 2006, and its motion to recommendation approval to the City Council was defeated on a 2:5 vote; and WHEREAS, on March 21, 2007, the City Council certified the Environmental Impact Report (EIR) (EiR-05-01) and adopted Findings and Statement of Overriding Considerations pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, the Bicycle Transportation Master Plan includes a Class 1 bike path along the western edge of the Westside Project area boundary; and WHEREAS, the request is to change the location of the Class I bike path shown on the Bicycle Transportation Master Plan to reflect the proposed location within the bike and pedestrian trail centrally located within the Westside Land Use plan and a portion of the path (north of Sargent Road and south of the Woodbridge Irrigation District canal) to be accommodated on a local street within the residential development; and WHEREAS, all legal prerequisites to recommend the approval of this request have been met; and WHEREAS, Lased upon the evidence within the staff report and project file, the City Council of the Cky of Lodi makes the following findings: 1. The EIR (EIR-05-01) was certified and Findings and Statement of Overrkfing Considerations for the project pursuant to CEQA were adopted by City Council Resolution No. 2007-48. 2. The required public hearing by the Planning Commission was duly adverllised and held in a manner prescribed by law. 3. The required public hearing by the City Council was duly advertised and held in a manner prescribed by law. N'L4amnixrwirntiC.AK.YT1'SRFB1Rea monRer.�t-so-ao� 4. The requested Bicycle Transportation Master Plan amendment does not conflict with adopted plans or policies of the General Plan and will serve sound planning practice. 5. The Westside Project would comply with the other bike path locations shown on the Bicycle Transportation Master Plan including a Class II bike path on Lodi Avenue and a Class II or III bike path on Vine Street. 6. The size, shape, and topography of the site are physically suitable for the residential development proposed. NOW, THEREFORE, BE IT FOUND, DETERMINED, AND RESOLVED that the Planning Commission of the City of Lodi hereby approves amendments to the Bicycle Transportation Master Plan to implement the Westside Project as follows: The Bicycle Transportation Master Plan is hereby amended to modify the location of the Class I bike path from the western edge of the Westside Project area to be centrally located within the plan area. Dated: March 21, 2007 I hereby certik that Resolution No. 2007-50 was passed and adopted by the City Council of the City of Lodi at a regular meeting held on March 21, 2007, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Katzakian, and Mayor Johmon NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — Hansen INDI JOHL City Clerk 2007-50 N�lnaminiura���L?1CiTYW$S1ReE 2007lRe,XO -U.dU 2 RESOLUTION NO. 2007-51 A RESOLtJTION OF THE CITY COUNCIL OF THE CITY OF LODI APPROVO4G THE REQUEST OF TON! DOUCETTE, FRONTIER COMMUNITY BUILDERS, FOR AN AMENDMENT TO THE CONCEPTUAL LAND USE/CIRCULATION PLAN OF THE WESTSIDE FACILITIES MASTER PLAN WHEREAS, the City Council of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested Westside Facilities Master Plan amendment, in accordance with the Government Code and Lodi Municipal Code Chapter 17.84; and WHEREAS, the affected properties are located within the Westside Facilities Master Plan; and WHEREAS, the applicant is Tom Doucette, Frontier Community Builders, 10100 Trinity Parkway, Suite 420, Stockton, CA 95219; and WHEREAS, the applicant represents property owners within the Westside Project area, which is encompassed by the Westside Facilities Master Plan, and these property owners have provided consent to the project proponent and applicant for this Master Plan amendment request; and WHEREAS, the City of Lodi Planning Commission held public hearings on the proposed Master Plan amendments on October 11, 2006 and October 25, 2006, and its motion to recommend approval to the City Council was defeated on a 2:5 vote; and WHEREAS, the Conceptual Land Use/Circulation Plan of the Westside Facilities Master Plan contains a greenbelt buffer along the western edge of the plan area; and WHEREAS, the request is to change the Conceptual Land Use/Circulation Plan of the Westside Facilities Master Plan to reflect the proposed Westside Project Land Use Plan as shown in Exhibit A; and WHEREAS, specific text amendments related to the change in the Conceptual Land Use/Circulation Plan are defined here as Exhibits B through G; and WHEREAS, all legal prerequisites to recommend the approval of this request have been met; and WHEREAS, based upon the evidence within the staff report and project file, the City Council of the (pity of Lodi makes the following findings: 1. The Environmental Impact Report (EIR) (EIR-05-01) and Findings and Statement of Overriding Considerations for the project pursuant to the California Environmental Quality Act (CEQA) were adopted by City Council Resolution No. 2007-48. 2. The required public hearing by the Planning Commission was duly advertised and held in a manner prescribed by law. 3. The required public hearing by the City Council was duly advertised and held in a mangier preuribed by law. N 1Adrgm4r9"fCAYMYV1WAes i00 r*GQM7-51 Am 4. The requested Westside Facilities Master Plan Amendment does not conflict with adopted plans or policies of the General Plan and will serve sound planning practice. 5. The proposed design and improvement of the site is consistent with ''all applicable standards adopted by the City in that the project, as conditioned, will conform to adopted standards and improvements mandated by the City of Lodi Public Works Department Standards and Specifications and the Zoning Ordinance, as well as all other applicable standards. 6. The size, shape, and topography of the site are physically suitable for the residential development proposed. NOW, THEREFORE, BE IT FOUND, DETERMINED, AND RESOLVED that the City Council of the City of Lodi hereby approves amendments to the Westside Facilities Master Plan as follows: The Westside Facilities Master Plan Land Use/Circulation Plan (page 9) shall be revised as shown on Exhibit A attached hereto. 2. Figures 7 and 8 shall be removed and text in the List of Exhibits (page ii) shall be revised as shown on Exhibit B attached hereto. 3. Page 14 of the Westside Facilities Master Plan shall be replaced with the text changes shown on Exhibit C attached hereto. 4. Page 16 of the Westside Facilities Master Plan shall be replaced with the text changes shown on Exhibit D attached hereto. 5. Page 17, Figure 6, shall be revised as shown on Exhibit E attached hereto. 6. Page 18 of the Westside Facilities Master Plan shall be replaced with the text changes shown on Exhibit F attached hereto. 7. Page 31 of the Westside Facilities Master Plan shall be replaced with the text changes shown on Exhibit G attached hereto. Dated: March 21, 2007 I hereby certify that Resolution No. 2007-51 was passed and adopted by the City Council of the City of Lodi at a regular meeting held on March 21, 2007, by the following vote: AYES: COUNCIL MEMBERS -- Hitchcock, Katzakian, and Mayor Johnson NOES: COdJNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — Hansa ANDI JOHL City Clerk N 1A*w-Lrr= CAhCtTV1AE5*a 20071Am200741.dw' EXHIBIT A ]REVISED FIGURE 3: LAND USE/CIRCULATION PLAN FOR THE WESTSIDE FACILITIES MASTER PLAN M�1Aammisva��m�G�7'1'SRF81Aes'-0071Res'�%-71 dor LODI W STSIDE FACILITIES MASTER PLAN (AMENDED 2008) PR .5 1 ' i 1 i I 1 1 I i PR ,. 1 i } 1 1 i =ort. A- V.— 14. I "wak,r kc. LEGEND j PR.OJEC'T BOUNDARY . MAIN ENTRY SIGr4ALIZED INTERSECTION OPEN SPACE CORRIDOR LOW DENSITY RESIDENTIAL. PLANNED RESIDENTIAL NEIGHBORHOOD PARK PUBUC / QUASI PUBLIC OFFICE SCHOOL NEIGH8MH000fC0MMUNITY COMMERCIAL ARTERIAL ROADS HIGHWAY 12 / KETTLEMAN' LANE LOWEY..`aACRAMENTO ROAD LODI AVENUE COLLECTOR ROADS LODI AVENUE TC?KAY STREET vINE STRffT ROAD A ROAD B ROAD C RESIDENTIAL ROADS TAYLOR ROAD - PP^ BASIN 1.00ATxC )N 15 CONCEPTUAL. LXA,:' ;C:-ATION AMD DIMENSION5 OF THIS PARK BASIN H VE idOT BEEN Of`EPM6NLC SCALE 7 " :SW' 4 1 I'i ■ REVISED TEXT FOR PAGE ii OF THE WESTSIDE FACILITIES MASTER PLAN Lodi Westside Facilities Master Plan List Of Exhibits Ta es TABLE 1 Land Use Distributions....................................................................8 . TABLE 2 K-6 Elementary School Facility Needs...................................................11 TABLE 3 Parkland Needs ......................................... . . . . ....... • - - - ......................13 Figures FIGURE 1 Location Map..................................................................... 2 FIGURE 2 Existing Ind Use Map .......................................................... 4 FIGURE 3 Conceptual Land Use/Circulation Plan ........................................ 9 FIGURE 4 Electric Substation Concept.....................................................12 FIGURE 5 Westside Park and Aquatic Center ............................................. 15 FIGURE 6 Open Space Corridor Detail .................... . . . . ..................................17 FIGURE 7 Reserved..........................................................................19 FIGURE8 Reserved...................................................................................19 FIGURE 9 Master Plan Circulation Concept ............................................... 21 FIGURE 10 Kettlemen Lane /Highway 12 Concept ...................................... 23 FIGURE I 1 Lower Sacramento Road ........................................................ 24 FIGURE 12 Lodi Avenue Concept.......................................................... 25 FIGURE 13 Lodi Avenue Round -a -Bout ................................................... 26 FIGURE 14 Minor Collector Concept ...................................................... 27 FIGURE 15 Road A Concept.................................................................. 28 FIGURE 16 Minor Residential Road Concept .............................................. 29 FIGURE 17 Bike Lame Concept............................................................... 30 FIGURE 18 Bike and Pedestrian Path Concept ............ ............................... 31 TABLE OF CONTENTS ii .uams�vrmratir3tYxta�+s �',W-s,,d� 5 14 _..tR ! REVISED TEXT FOR PAGE 14 OF THE WESTSIDE FACR=S MASTER PLAN Lodi Westside Facilities Master Plan Community parks are primarily for active uses and structured recreation. Community park facilities should be designed for organized activities and sports. Community parks may also provide specialized comMunity wide interest facilities. Where neighborhood parks are absent, community parks can serve their function. 3.1 Westside Park Westside Park, a 17 -acre Neighborhood Park and aquatic center, is consistent with the Lodi Park, Recreation. and Open Space Plan's, Cochran Park concept. As shown in figure 5, this park is intended to be the central focal element of the Plan Area. Westside Park forms, distinguishes, and gives character to the Plan Area residential neighborhoods creating a community image. Westside Park will be contiguous to the proposed elementary school site and the Open Space Corridor. The park is designed to provide a variety of active play areas, especially focused on the needs of children. The Open Space Corridor will provide access to surrounding neighborhoods. As illustrated in figure 5, the proposed park uses around the lake include two children's playgrounds, picnic areas, a paved bicycle and pedestrian pathway system, a soccer filed, tennis courts, and a multi -use basketball/roller bladethockey court. The Lodi Park, Recreation and Open Space Pian recommends that an aquatic center be located in Westside Park. The aquatic center should be designed to adequately serve the Westside of Lodi. To enhance revenue opportunities for operation and maintenance of the aquatic center, the center should consider slides and other water related features in addition to a 25-yard/50-meter multi- purpose pool as proposed in the Master Plan. 3.0 PARKS AND OPEN SPACE (Revised 2007) 14 I .ii: is • REVISED TEXT FOR PAGE 16 OF THE WESTSIDE FAC]L TPIES MASTER PLAN Lodi Westside Facilities Master Plan The three -acre aquatic center in located at the east end of the park, adjacent to the proposed Elementary School site. The aquatic center illustrated in Figure 5 includes a water park, a multi- purpose pool, a dive pool, and an office/restroom facility. The aquatic's center restroom will be accessible from the park. The water park site is capable of maintaining two water slides, a zero depth pool, water spray features for children and a sand area to give users a feeling of being at the beach. This center will have the capability to serve high schools and the Lodi Swim Club. Parking for the aquatic center will be served by a single parking lot located adjacent to planned collector streets. The parking lot will be served by two entries, each with access/egress ability. The parking lot will accommodate automobiles as well as buses. While parking is available, a substantial number of residences will access the Westside Park via a pedestrian/bicycle trail system. 32 Open Space Corridor Lodi has a well-defined.edge that divides its urban uses from abutting agricultural uses, a value cherished by many residents. However, the proximity of agricultural operations to urban uses also creates conflicts affecting both farmers and residents. Conflicts relating to farming at the urban -agriculture interface can be minimized by installation of a landscaped open space buffer area, fences and/or walls as a transition from agriculture to urban. To maximize the use of an Open Space Corridor, the Open Space corridor should be located central to the project area and its facilities integrated within the Corridor should be treated as a public asset, maintained for use as a community benefit. The Open Space Corridor shown in Figure 3, is a community facility that extends beyond the Plan Area. According to the Park, Recreation and Open Space Plan. The Corridor will extend north to Turner Road and south the Harney Lane. The corridor is central to the Plan Area, and establishes a central open space spine to provide pedestrian connections to parks and schools within the Plan Area.. The width of the Open Space Corridor should range from 30 to 50 feet. The Open Space Corridor serves as a passive recreational facility with a 12 -foot meandering bike and pedestrian path. The bicycle and pedestrian path will serve the community needs. The path should be designed to meander through the Open Space Corridor. The bicycle and pedestrian path should provide links to the residential neighborhoods, Westside Park and to bike and pedestrian path that connects to the Elementary School. 3.0 PARKS AND OPEN SPACE (Revised 2007) 16 N11ditniWa 1CA=Y%FJW-N-X071Rt JW7-51.d. 7 EXHIBIT E REVISP) FIGURE b: OPEN SPACE CORRIDOR DETAIL N Mmnn Wlm+CAWITY` MS%i 20W7 Rei800 -51.dm Lodi Westside Facilities Master Plan Open Space Corridor Detail fAdjacent to Right -of -Way) Open Space Corridor Detail (Within Linear Park) "+-�n Tw. km. FLIK-1 OPEN SPACE CORRIDOR DETAIL 3.0 PARKS AND OPEN SPACE (Revised 2007) FIGURE 6 17 9 EXHIBIT F REVISED TEXT FOR PAGE 18 OF THE WESTSIDE FACILITIES MASTER PLAN Lodi Westside Facilities Master Plan Landscaping along the Open Space Corridor should provide a natural open space atmosphere. Canopy trees should be grouped together along the corridor. Landscaping such as broad shade trees, accent trees, shrubs and native species should be encouraged within the open space area. The bicycle and pedestrian trail within the Open Space Corridor shall meander through the corridor and consist of a paved walking and biking trail and a decomposed granite trail for runners. Recognizing the importance of the Open Space Corridor as a major open space and recreational amenity to Plan Area and community, it is important that the corridor provide and environment that is safe and accessible. Paralleling the Open Space Corridor with residential streets would provide safe and convenient access to the recreational opportunities along the Open Space corridor. As a recreational and open space arnenity to the Plan Area and the community, a parallel street would result in an attractive and aesthetically pleasing streetscape that would promote individual neighborhood and overall community identity. Homes adjacent to the Open Space Corridor should be oriented to encourage maximizing the aesthetic value of the Open Space Corridor and create and inviting community edge. Preferably, homes adjacent to the Open Space Corridor should he oriented with the front yard and entry of the home directly facing the Open Space Corridor. Orientation of residences toward the Open Space Corridor would provide visual access into the corridor and discourage neighborhood policing of the Open Space Corridor. Homes adjacent to the Open Space Corridor may be oriented with the side yard facing the Open Space Corridor. However, this type of orientation should be provided only under limited conditions. Under no circumstance should homes adjacent to the Open Space Corridor be oriented with the rear yard facing the corridor. 3.0 PARKS AND OPEN SPACE (Revised 2007) 18 3W?*�MW-51AM 10 10,14:11 : REVISED TEXT FOR PAGE 31 OF THE WESTSIDE FACILITIES MASTER PLAN Lodi Westside Facilities Master Pian 44.2 lUcycle Path A Bicycle Path or Class I Bikeway that is separated from a street or road. According to the Lodi Bicycle Transportation Diaster Plan, the preferable bike path is 12 feet wide. This allows for a two way bike path and pedestrian facility, as shown in Figure 18. Ps BP PS 5(rNtin. Notes • Bike and Pedestrian Path May Meander within Planting Scrip BIKE AND PEDESTRIAN PATH CONCEPT FIGURE 18 As a regional facility, dte Open Space Corridor would ultimately extend beyond the Plan Area. A bicycle path should adhere within the Open Space Corridor, meandering through the corridor within the Plan Area, and may continue north and south to the extents of the proposed Open Space Corridor, as shown in Figure 6, Open Space Corridor Detail. The path would be used for bicyclists and pedestrians. The path would link the Plan Area neighborhoods through other pathways. 4.5 Pedestrian Facilites The key pedestrian pair should be located along the Open Space Corridor to provide alternative modes of transportation within the Lodi Westside Plan Area, as shown in Figure 6, Open Space Corridor Detail. The path may be combined with a bicycle path, which has the capability of connecting the north side of the Plan Area to the southern portion of the area with links to residential areas, the Westside Park and Aquatic Center, the elementary school and to commercial areas. The pedestrian path may also continue north and south to the extents of the proposed Open Space Corridor. 4.0 CIRCULATION (Revised 20137) N'kA0 nhurwwCAVMYW S%m 7AD7Pft00W7-51,do� + I REVISED TEXT OF WESTSIDE FACILITIES MASTER PLAN (with markup) REVISED TEXT FOR PAGE ii OF THE WESTSIDE FACILITIES MASTER PLAN Lodi Westside Facilities Master Plan List of Exhibits Tables TABLE 1 Land Use Distributions............................................................. 8 TABLE 2 K-6 Elementary School Facility Needs....... . .................................. 11 TABLE 3 Parkland Needs.................................................................... 13 Figures FIGURE 1 Location Map................................................................2 FIGURE 2 Existing Land Use Map....................................................4 FIGURE 3 Conceptual Land Use/Circulation Plan ..................................9 FIGURE 4 Electric Substation Concept..............................................12 FIGURE 5 Westside Park and Aquatic Center.......................................15 FIGURE 6 Greenbelt Open Space Corridor Detail..................................17 FIGURE 7 Reserved.........................................19 FIGURE 8 NatffW Lagoons Reserved...............................................19 FIGURE 9 Master Plan Circulation Concept ................................ ........21 FIGURE 10 Kettlemen Lane /Highway 12 Concept................................23 FIGURE 11 Lower Sacramento Road.................................................24 FIGURE 12 Lodi Avenue Concept...................................................25 FIGURE 13 Lodi Avenue Round-a-Bout............................................26 FIGURE 14 Minor Collector Concept................................................27 FIGURE 15 Road A Concept..........................................................28 FIGURE 16 Minor Residential Road Concept......................................29 FIGURE 17 Bike Lane Concept.......................................................30 FIGURE 18 Bike and Pedestrian Path Concept ....................................31 TABLE OF CONTENTS ii J Xti mmwty Drldopaw(Ca.nd Cam-p-*Ubn \20G7u'MW W?W AmEARwt CC. (2)AW 5 1:0.101: �sy REVISED TEXT FOR PAGE 14 OF THE WESTSIDE FACILITIES MASTER PLAN Lodi Westside Facilities. Master Plan Community parks are primarily for active uses and structured recreation. Community park facilities should be designed for organized activities and sports. Community parks may also provide specialized community wide interest facilities. Where neighborhood parks are absent, community parks can serve their function. 3.1 Westside Park Westside Park, a 17 -acre Neighborhood Park and aquatic center, is consistent with the Lodi Park, Recreation and Open Space Plan's, Cochran Park concept. As shown in figure 5, this park is intended to be the central focal element of the Plan Area. Westside Park forms, distinguishes, and gives character to the Plan Area residential neighborhoods creating a community image. Westside Park will be contiguous to the proposed elementary school site and the Goeenbe Open Space Corridor. The park is designed to provide a variety of active play areas, especially focused on the needs of children. The adjaeent C*eenbelQpen Space Corridor will provide access.to surrounding neighborhoods. As illustrated in figure 5, the proposed park uses around the lake include two children's playgrounds, picnic areas, a paved bicycle and pedestrian pathway system, a soccer filed, tennis courts, and a multi -use basketball/roller blade/hockey court. The Lodi Park, Recreation and Open Space Plan recommends that an aquatic center be located in Westside Park. The aquatic center should be designed to adequately serve the Westside of Lodi. To enhance revenue opportunities for operation and maintenance of the aquatic center, the center should consider slides and other water related features in addition to a 25-yard/50-meter multi- purpose pool as proposed in the Master Plan. 3.0 PARKS AND OPEN SPACE (Revised 2ND 14 A_ 4, Y 1.011 1011 Y. r. As illustrated in figure 5, the proposed park uses around the lake include two children's playgrounds, picnic areas, a paved bicycle and pedestrian pathway system, a soccer filed, tennis courts, and a multi -use basketball/roller blade/hockey court. The Lodi Park, Recreation and Open Space Plan recommends that an aquatic center be located in Westside Park. The aquatic center should be designed to adequately serve the Westside of Lodi. To enhance revenue opportunities for operation and maintenance of the aquatic center, the center should consider slides and other water related features in addition to a 25-yard/50-meter multi- purpose pool as proposed in the Master Plan. 3.0 PARKS AND OPEN SPACE (Revised 2ND 14 EXHIBIT D REVISED TEXT FOR PAGE 16 OF THE WESTSIDE FACILITIES MASTER PLAN Lodi Westside Facilities Master Plan The three -acre aquatic center in located at the east end of the park, adjacent to the proposed Elementary School site. The aquatic center illustrated in Figure 5 includes a water park, a multi- purpose pool, a dive pool, and an office/restroom facility. The aquatic's center restroom will be accessible from the park. The water park site is capable of maintaining two water slides, a zero depth pool, water spray features for children and a sand area to give users a feeling of being at the beach. This center will have the capability to serve high schools and the Lodi Swim Club. Parking for the aquatic center will be served by a single parking lot located adjacent to planned collector streets. The parking lot will be served by two entries, each with access/egress ability. The parking lot will accommodate automobiles as well as buses. While parking is available, a substantial number of residences will access the Westside Park via a pedestrian/bicycle trail system. 3.2 6r-eenbek Oven Space Corridor Lodi has a well-defined edge that divides its urban uses from abutting agricultural uses, a value cherished by many residents. However, the proximity of agricultural operations to urban uses also creates conflicts affecting both farmers and residents. Conflicts relating to farming at the urban -agriculture interface can be minimized by nwAft4aining ^ "Greenbelt" at" edge ert'1e amity installation of a landscaped open space buffer area, fences and/or walls as a transition from agriculture to urban. To maximize the benefits use of an Open Space Corridor, the Open Space corridor should be located central to the project area and its facilities sh&uld-l%,-integrated within the Corridor and be should be treated as a public asset, maintained for use as a bie divefsity, community benefit. The &eenbelt Open Space Corridor shown in Figure 3, is a community facility that extends beyond the Plan Area. According to the Park, Recreation and Open Space Plan. The Corridor will extend north to Turner Road and south the Harney Lane. The corridor is central to the Plan and establishes a be central open space spine to provide pedestrian connections to parks and schools within the Plan Area.'-�en urhan wan a d nOnnl" The width of the G eCe UT11dQI should range from 30 to SO feet. The Gfeenbel 01pen Space Corridor else serves as a passive recreational facility with a 12 -foot meandering bike and pedestrian path a well as a a,..,.nage basin r the Plan Are Within the Plan A..e., the 40 ., a ffeenbelt !`.-....-:,7.,.. would be s e.i of 20 30 .. e of eemeete lagoon shaped s4ofm wa*f detention basins wMeh 149w seuthwafd tewafds Ketde r .,..&Wig>7,, ay 12 (Fer to lti:gufe 3) The bicycle and pedestrian path will serve the community needs. The path should be designed to meander through the Open Space Corridor.wetiad the lageen detention basies. Bridges should be plaaed M adeqt*te leeations to provide safe when the r.as;� e full, as she ,% in Figu_.. 6 r eenbett Ga ffider Detail. The bicycle and pedestrian path should provide links to the residential neighborhoods, Westside Park and to bike and pedestrian path that connects to the Elementary School. 3.0 PARKS AND OPEN SPACE (Revised 2007) 16 JACm ily DeveiopmmtlCwnCi1 c_amicuion00G7 MWemidt_VM" AmmdmcM CC—(2).dne 7 EXHIBIT F REVISED TEXT FOR PAGE 18 OF THE WESTSIDE FACILITIES MASTER PLAN Lodi Westside Facilities Master Plan Landscaping along the Oven S ace alt Corridor should provide a natural open space atmosphere. Canopy trees should be grouped together along the corridor. Landscaping such as broad shade trees, accent trees, shrubs and native species should be encouraged within the open space area. The bicycle and pedestrian trail within the open space corridor shall meander throe h the corridor and consist of a paved�walkin and biking trail and a decomposed ranite trait for runners. m...,, bWs „r,.,,,,.ons am .; able f r the r eenbek CeiTidoF to 8e as detenfieft f4eilifies; Feefeational eF na4wa4 lagoons. ReaFeational lagoon, as show in Figure 7, fora on landseaping, :fling mer landseapiog -suitable for- play area. Natural a ., split fail feneing) and -Aeinity of the lagoons. Consideration should also be given to the a4ignffwnt of the bieyele and Recognizing the importance of the open space gFeenbeh corridor as a major open space and recreational amenity to Plan Area and community, it is important that the corridor provide and environment that is safe and accessible. Paralleling the open space gFeenbelt corridor with residential streets would provide safe and convenient access to the recreational opportunities along the Open Space greenbeh corridor. As a recreational and open space amenity to the Plan Area and the community, a parallel street would result in an attractive and aesthetically pleasing streetscape that would promote individual neighborhood and overall community identity. Homes adjacent to the open space greenbelt corridor should be oriented to encourage maximizing the aesthetic value of the open space gFeefibelt corridor and create and inviting community edge. Preferably, homes adjacent to the open spacegreenbelt corridor should be oriented with the front yard and entry of the home directly facing the open Mace gFeenbelt corridor. Orientation of residences toward the open space greenbelt corridor would provide visual access into the corridor and discourage neighborhood policing of the open space gr�abelt corridor. Homes adjacent to the open space greenbeh corridor may be oriented with the side yard facing the open space greenbelt corridor. However, this type of orientation should be provided only under limited conditions. Under no circumstance should homes adjacent to the open space g-eeAelt corridor be oriented with the rear yard facing the corridor feeing the eerfideF. 3.0 PARKS AND OPEN SPACE (Revised 2007) 18 JACK iry UevdopmmtrCc a c�mk.&DRs�ZW7T WC5MW wPAV admftmt CC Fm (Z)AW 10 EXHIBIT G REVISED TEXT FOR PAGE 31 OF THE WESTSIDE FACILITIES MASTER PLAN Lodi Westside Facilities Master Plan 4.4.2 Bicycle Path A Bicycle Path or Class I Bikeway that is separated from a street or road. According to the Lodi Bicycle Transportation Master Plan, the preferable bike path is 12 feet wide. This allows for a two way bike path and pedestrian facility, as shown in Figure 18. 10'Min. 12' lO�Iin. PS Bp PS 50'Min., Notes ■ Bike and Pedestrian Path. May M" ndt r widiin Planting Strip BIKE AND PEDESTRIAN PATH CONCEPT FIGURE IS As a regional facility, the belt Open Space Corridor would ultimately extend beyond the Plan Area. A bicycle path should adhere within the Gfeeribelt Open 5 ace Corridor, meandering through the corridor within the Plan Area, and may continue north and south to the extents of the proposed &eeabelt Open Space Corridor, as shown in Figure 6, Gr-eexbelt Open Space Corridor Detail. The path would be used for bicyclists and pedestrians. The path would link the Plan Area neighborhoods through other pathways. 4.5 Pedestrian Facilities The key pedestrian path should be located along the emelt Open Space Corridor to provide alternative modes of transportation within the Lodi Westside Plan Area, as shown in Figure 6 -S, r��t Open Space Corridor Detail. The path may be combined with a bicycle path, which has the capability of connecting the north side of the Plan Area to the southern portion of the area with links to residential areas, the Westside Park and Aquatic Center, the elementary school and to commercial areas. The pedestrian path may also continue north and south to the extents of the proposed C-Feenbelt Open Space Corridor. 4.0 CIRCULATION CRevised 200 31 SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS PUBLIC HEARING TO CONSIDER WESTSIDE PROJECT PUBLISH DATE: SATURDAY, MARCH 3, 2007 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: TUESDAY, FEBRUARY 27, 2007 ORDERED BY: RANDI JOHL CITY CLERK A 1A Jg1qfiIFER M.IPERRIN, CMC DrPUTY CITY CLERK DANA R. CHAPMAN ADMINISTRATIVE CLERK tPE.a i F`le Faxed�to the Sentirol at 369-1,084 at 2*gqb=(tme) on alal(dote) (pages) LNS Phahed to confirm receipt of afl pages at (time JLT DR'C__—JMP (ORr als) formsladvins.doc DECLARATION OF POSTING NOTICE OF PUBLIC HEARING CONCERNING THE WESTSIDE PROJECT On Tuesday, February 27, 2007, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing concerning the Westside Project (attached and marked as Exhibit A) was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on February 27, 2007, at Lodi, California. J FER k# PERRIN, CMC DEPUTY CITY CLERK N:1Administration\CLERK\Forms\DECPOSTCD.DOC ORDERED BY: RANDIJOHL CITY CLERK DANA R. CHAPMAN ADMINISTRATIVE CLERK DECLARATION OF MAILING NOTICE OF PUBLIC HEARING CONCERNING THE WESTSIDE PROJECT Can February 27, 2007, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a Notice of Public Hearing conceming the Westside Project, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 27, 2007, at Lodi, California. J .. NWERPERRIN, CMC D DUTY CI CLERK FomasMccmail.doc ORDERED BY: RANDI JOHL CITY CLERK, CITY OF LODI DANA R. CHAPMAN ADMINISTRATIVE CLERK • CITY 4F LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF CONTINUED PUBLIC HEARING Date: March 21, 2007 Time: 7:00 p.m. For information regarding this notice please contact: Randa Johl City Clerk Telephone: (209) 333-6702 WTICE OF CONTINUED PUBLIC HEARINQ EXHIBIT A' NOTICE IS HEREBY GIVEN that on Wednesday, March 21, 2007, at the hour of 7:00 p.m., or as soon thereatter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Certify the Lodi Annexation Environmental Impact Report for the Westside Project b) Approve the Westside Development Project, which includes an annexation, pre -zoning, Development Agreement, amendment to the Bicycle Transportation Master Plan, and an amendment to the Westside Facilities Master Plan to incorporate 151 acres into the City of Lodi to allow construction of 750 dwelling units, 3 neighborhoodlcommunity parks, and a public elementary school at 351 E=ast Sargent Road, 70 East Sargent Road, 212 East Sargent (load, and 402 East Sargent Road Information regarding this item may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 W. Pine Street, 26d Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. Or he Lodi City Council: . : City Clerk Dated February 21, 2007 ,4�p{a1■■■ d to form: D. Stephen Schwabauer City A#orney QERK4PU8HEMN0TKXSMT4r,Dpwrsfe .00C Z27107 EM — NOA - FCB - Westside 1EXHOT APN;OWNER;ADDRESS;CITY;STATE;ZIP;SITUSNUM;SITUSDIR;SITUSSTNAME;SITUSTYP E 02740004;KRISTMONT WEST;PO BOX 6;FAIR OAKS;CA;95628;2650;W;LODI;AV 02740005;KRISTMONT WEST;PO BOX 6;FAIR OAKS;CA;95628;333;S;LOWER SAC;RD 02740006;KRISTMONT WEST;PO BOX 6;FAIR OAKS;CA;95628;2500;W;LODI;AV 02740011;KRISTMONT, WEST;PO BOX 6;FAIR OAKS;CA;95628;333;S;LOWER SAC;RD 02943027;LARSEN, JEFFERY & LAURIE;55 APPLEWOOD DR;LODI;CA;95242;55;;APPLEWOOD;DR 02943029;GIANNONI, JOHN M JR & KERRY TR;2960 APPLEWOOD DR;LODI;CA;95242;2960;;APPLEWOOD;DR 02943030;BATCH, ROBERT II;2952 APPLEWOOD DR;LODI;CA;95242;2952;;APPLEWOOD;DR 02943031;KORT, DALLAS DEAN & JONI ELLEN;PO BOX 126;LODI;CA;95241;2944;;APPLEWOOD;DR 02943032;HERYFORD, WILLIAM P & TINA C W;2936 APPLEWOOD DR;LODI;CA;95242;2936;;APPLEWOOD;DR 02943033;HANSEN, LAWRENCE DONALD & LIND;2928 APPLEWOOD DR;LODI;CA;95242;2928;;APPLEWOOD;DR 02943034;CLARK, MICHAEL & MELINDA;2920 APPLEWOOD DR;LODI;CA;95242;2920;;APPLEWOOD;DR 02943035;WALLACE, KEITH & MACHELLE;29 PARADISE DR;LODI;CA;95242;29;;PARADISE;DR 02943028;BARCUS, CASEY TR;3013 OLD RANCH CTR;STOCKTON;CA;95209;45;;APPLEWOOD;DR 02949010;GATSCHET, TIMOTHY W & DONNA LE;2868 PARADISE DR;LODI;CA;95242;2868;;PARADISE;DR 02949011;PEARSON, SUSAN P;2860 PARADISE DR;LODI;CA;95242;2860;;PARADISE;DR 02949012;HERRICK, BRADLEY C & BEVERLY F;2852 PARADISE DR;LODI;CA;95242;2852;;PARADISE;DR 02949013;HALL, LYNN E TR ETAL;2844 PARADISE DR;LODI;CA;95242;2844;;PARADISE;DR 02949014;MORIN, JULIAANE TR ETAL;2836 PARADISE DR;LODI;CA;95242;2836;;PARADISE;DR EIR -- NOA - FCB - Westside 02949015;BUTORAC, JOHN P TR;2828 PARADISE DR;LODI;CA;95242;2828;;PARADISE7DR 02949016;KESSLER, ERNEST K & JOAN A;2820 PARADISE DR;LODI;CA;95242;2820;;PARADISE;DR 02949017;MACBETH, KATHY L;2812 PARADISE DR;LODI;CA;95242;2812;;PARADISE;DR 02949018;CHRISTENSEN, ANDERS & JOAN;2804 PARADISE DR;LODI;CA;95242;2804;;PARADISE;DR 02949019;DEMPSEY, LLOYD B & MARCIA M TR;2728 PARADISE DR;LODI;CA;95242;2728;;PARADISE;DR 02949020;HEBERLE, FREDERICK J & JUDY D;2720 PARADISE DR;LODI;CA;95242;2720;;PARADISE;DR 02949021;CRANFORD, STEVE P ETAL;2712 PARADISE DR;LODI;CA;95242;2712;;PARADISE;DR 02949022;CURL, JASON & JENNIFER K;2704 PARADISE DR;LODI;CA;95242;2704;;PARADISE;DR 02950001;VOURLES, JUDITH ETAL;PO BOX 450;WOODBRIDGE;CA;95258;2694;;PARADISE;DR 02950002;JOHNSON, GARY;2688 PARADISE DR;LODI;CA;95242;2688;;PARADISE;DR 02950003;WATSON, STEVEN D & IVA M;2682 PARADISE DR;LODI;CA;95242;2682;;PARADISE;DR 02950004;NORTON, RONALD G & NAOMI JOYCE;2676 PARADISE DR;LODI;CA;95242;2676;;PARADISE;DR 02950005;HARPER, RONALD G & LUCILLE TR;2670 PARADISE DR;LODI;CA;95242;2670;;PARADISE;DR 02950006;MARTINEZ, ERASMO J & ELAINA L;2664 PARADISE DR;LODI;CA;95242;2664;;PARADISE;DR 02950007;MILLER, JAMES D JR & LARELLE L;2658 PARADISE DR;LODI;CA;95242;2658;;PARADISE;DR 02950017;HURST, SHARON D TR;2652 PARADISE DR;LODI;CA;95242;2652;;PARADISE;DR 02950018;WOODS, STEVEN P & DENISE L;2646 PARADISE DR;LODI;CA;95242;2646;;PARADISE;DR 02950019;PERGERSON, MATTHEW T & GINA E;2640 PARADISE DR;LODI;CA;95242;2640;;PARADISE;DR EIR — NOA - FCB - Westside 02952001;PERLEGOS, GEORGIA;PO BOX 1823;LODI;CA;95241;2634;;PARADISE;DR 02952002;LUBELL, DONNA H;2628 PARADISE DR;LODI;CA;95242;2628;;PARADISE;DR 02952003;ROMERO, ANTHONY J & MELISSA M;2622 PARADISE DR;LODI;CA;95242;2622;;PARADISE;DR 02952011;LATERREUR, NORMA L TR;2621 CREEKSIDE DR;LODI;CA;95242;2621;;CREEKSIDE;DR 02952012;WILSON, ROBERT G & NANCY A TR;2627 CREEKSIDE DR;LODI;CA;95242;2627;;CREEKSIDE;DR 02952013;CHANG, CHE MING;2633 CREEKSIDE DR;LODI;CA;95242;2633;;CREEKSIDE;DR 02952014;LIEBELT, BRIAN D & MARLIES N;2639 CREEKSIDE DR;LODI;CA;95242;2639;;CREEKSIDE;DR 02952015;CHATHA, INDER S & SURJIT K;2643 CREEKSIDE DR;LODI;CA;95242;2643;;CREEKSIDE;DR 02952016;PERLEGOS, JEFF ETAL;PO BOX 1823;LODI;CA;95241;2649;;CREEKSIDE;DR 02952017;MAGEE, JERRY K;2640 CREEKSIDE DR;LODI;CA;95242;2640;;CREEKSIDE;DR 02952018;SILVANO, ROBERT M & BETHANY A;109 FIELDSTONE CT;LODI;CA;95242;109;;FIELDSTONE;CT 02952019;PORTILLO, ADELA;127 FIELDSTONE CT;LODI;CA;95242;127;;FIELDSTONE;CT 02952020;0 DONNELL, ZACHARY R & KELLY J;130 FIELDSTONE CT;LODI;CA;95242;130;;FIELDSTONE;CT 02952021;FREGGIARO, VICKIE L;120 FIELDSTONE CT;LODI;CA;95242;120;;FIELDSTONE;CT 02952022;HAPPEL, DEAN A ETA -L;114 FIELDSTONE CT;LODI;CA;95242;114;;FIELDSTONE;CT 02952023;LARRABEE, GARY M & KELLY L;108 FIELDSTONE CT;LODI;CA;95242;108;;FIELDSTONE;CT 02952025;FLAHERTY, DONALD D & DEBORAH R;115 BOXWOOD CT;LODI;CA;95242;115;;BOXWOOD;CT 02952026;SANDOVAL, PAUL D & MARTHA;121 BOXWOOD CT;LODI;CA;95242;121;;BOXWOOD;CT EIR — NOA - FCB - Westside 02952027;MATTHEWS, DALE K;127 BOXWOOD CT;LODI;CA;95242;127;;BOXWOOD;CT 02952028;SOUZA, RODNEY J & TAMMY A;139 BOXWOOD CT;LODI;CA;95242;139;;BOXWOOD;CT 02952029;MYERS, JERRY L;142 BOXWOOD CT;LODI;CA;95242;142;;BOXWOOD;CT 02952030;NICHOLS, DENNIS L;136 BOXWOOD CT;LODI;CA;95242;136;;BOXWOOD;CT 02952031;ODOM, DENISE A;130 BOXWOOD CT;LODI;CA;95242;130;;BOXWOOD;CT 02952032;BAUMBACH, MITZI M TR;124 BOXWOOD CT;LODI;CA;95242;124;;BOXWOOD;CT 02952043;LODI CITY OF ;PO BOX 3006 ;LODI ;CA;95241;144; ;BOXWOOD ;'CT 02703008;TRAVERSO, ALBERT K ETAL;PO BOX 247;ACAMPO;CA;95220;120;W;SARGENT;RD 02740001;TRAVERSO, ALBERT K ETAL;PO BOX 247;ACAMPO;CA;95220;70;E;SARGENT;RD 02740003;WL INVESTORS LP;10100 TRINITY PARKWAY SUITE 420;STOCKTON;CA;95219;402;E;SARGENT;RD 02938004;WOODBRIDGE, IRRIG DIST ; ; ; ;00000;0; ; ; 02938005;PERLINGOS, GEORGIA ETAL ;PO BOX 1823 ;LODI ;CA;95241;351;E ;SARGENT ;RD 02740002;DHKS DRV CO;621 EVERGREEN DR;LODI;CA;95242;212;E;SARGENT;RD Suplimentals: 02902021;PERROTT, PATRICK ANDREW ETAL;17560 HIGHLANDS BLVD;SONOMiA;CA;95476 02902022;JUjiGEBLUT, ROSEMARY TR ETAL;859 TILDEN DR;LODI;CA;95242 MWIMMILOA, LTA m W, MTA a Kai no Westside Project f-. .. - . . . .. .-". . , March 21, 2007 1 01 a' C4, V no -.7-t • 745 residential units 495 low density units 70 medium density units 180 high density units • 24 acres parks, trails and open space • 10-acxe elementary school site YtI L '•��Inl .:.H y. - '... ov4 -1.!. M D r, k I II L' ' 1 �1R41 kNI' 4•Y w w _ • Y r I I = OR' lak4, Approvals requested: • Prezone • Annexation • Development Agreement • Westside Facilities Master Plan Amendment • Bicyde Transportation Master Plan Amendment March 21, 2007 Tf! 4 I I: y�� w March 21, 2007 I I = OR' lak4, Subsequent Dscretionary AWovals — Nbt Part Of Current Request: Development Plans Subject to review and approval by the Planning Commission and City Council. Tentative subdivision Maps Subject to review and approval by the Planning Commission. Design Review Subject to review and approval by the Planning Com ission. March 21, 2007 I I = OR' lak4, Mel Prior to annexation of lands, Qty must designate a zoning district for subject properties Westside Project area to be zoned PD (Planned Development) March 21, 2007 I I = OR' lak4, ANNEXATION Westside project area is 151 acres Al parols within the Gltys Sphere of Influence and wire anticipated for development by the Cites current General Plan March 21, 2007 I = OR' .4 . DEVELOPMENT AGREEMENT • The City has negotiated a DA for the Westside Project • Private party agreement befineen the Qty and the Developer, that becomes a Ciry Ordinance if approved by City Counal • Developer agrees to provide specific benefits to the Qty in exchange for a vested right to develop the property • D4 guarantees a specific nurriber of units from the Qtys annual allocation system to be provided to the Developer • DA locks in existing fees, policies and standards.lMth the exception of four specific fees or programs: 1) Proportionate share of HM 99 & Flariey Lane interchange 2)Bectrical capital mitigation fee 3) Agricultural land mitigation fee and 4) Proportionate share of water treatment system for WI D water March 21, 2007 I = OR' .4 . V\ESTSI DE DA BENEFITS FOR THE CITY • Rehabilitate 25 residences in the Citys PaYrnent of $300,000 as an endowment forthe Eastside neighborihood (total value of maintenance and operations cost of Hutchins $1,250,000) Strep Square • Design, construct and dedicate (to the City) all parks in the plan area • Payment of $226,000 for use by the City for • Obtain approval for and i nstal I public art within the plan area (total value of $150,000) • Creation of a Comr-runity Facilities District (CFD) to fund payment of police, fire, library, recreation, flood control services for the plan area • Payment of uti I ity e)at fees • Construct all storm drain facilities interior to plan • Maintenance of public improvements (including area parks) for 2 years • Payment of $2,600,000 to acquire equipment for Lodi Fre Department • Provide up to $50,000 to partially fund Recycled Waste Water Mgmt Plan • Design and construct all streets within the plan PUK-111 March 21, 2007 I = OR' .4 . AMENDMENT TO V\ESTSI DE FACI LITI ES MASTER RAN WK/P) • V\FIVP approved by City CoundI on February 21, 2001 • Intended to "identify and plan for neighborhood and community parks and storm drainage i mprovements necessary to support 375 acres of existing and planned growth" • I nd udes a Conceptual Land Use and Circulation Ran March 21, 2007 II=O:l, Current V\FMP COKC; FPTUA L LANID L-SE.r IR C JLATI -,N FI AN DI-oposed V\FK/P L 0 1 ')1 Ll AC! L! F I L S : L i Pi -).N Vr.-- --------- F?l Ff, rF PR .................... 1,1Z LOR ........... ------ --------- COKC; FPTUA L LANID L-SE.r IR C JLATI -,N FI AN DI-oposed V\FK/P L 0 1 ')1 Ll AC! L! F I L S : L i Pi -).N I = OR' .4 . BICYCLE MASTER PLAN AMENDMENT • Bike plan currently shawl a Class 1 bike path along western edge of the Westside plan area • Amendment is requested to relocate the path within the open shoe spine, that is centrally located in the plan area March 21, 2007 1. E 7me 7w, * Fire', R717, Tilml 2 1 aw Discuss certification of the Lodi Annexations EI R • Consider the Planning Commission modifications 2. Take action on a reconm-endation for certification of the EI R 3. Fdlowwing certification of the EIR, the Council can consider Westside project entitlerrents • Note that if the Council does not certify the EIR, the Council cannot take action on the project entitlements March 21, 2007 'Oil] WO 0 10 1 DIMMI 1101,10 a Iffia: PLANNING COMMISSION'S RECOKTAENDA-FION on EIR • On 10-25-06, the Planning Commission raccxrmiended that the City Counal certify the Lodi Anne tions Fnal ElRwith modifications to: • Mitigation Measure LU1 • I mpact statement and Mitigation Measure LU2 • Mitigation Measure 1 March 21, 2007 PLANNING COMMISSION'S RECOMMENDA-FION (cont): Modify Mitigation Measure LW: To require . landscape plan for• es adjacent to agricultured To require tentative subdivision maps to i nd ude . 1 00 -foot bLffer along the wrotern bourd-:-des for the Westside proects, March 21, 2007 PLANNING COMMISSION'S RECOMMENDA-TION (cont): Modify Irrpact Statement LU2 and Mitigation Measure LU2 — To require preservation of all Prime famiand (151 acres) at a 1:1 ratio with like Idnd agricultural uses in perpetuity —Delle the option to pair a fee equal to the value of 151 aa -es a- rritigation — Add an option to comply with the Countys Agricultural Mtigation Fee March 21, 2007 �:Wl_1►1 0IMAI_U[1:► X1 7 1: PLANNING COMMISSION'S RECOMMENDATION (cont.): Modify Mitigation Measure TRANS -2 — Require G1ty Staff and City Counal approval of the Traffic Mitigation Implmenta6on and Frraricing Plan prior to the subrrittal of the Developrrient Plan (verses the Tentative %bdivision Map) March 21, 2007 I I = OR' lak4, Planning Comrrission Actions on Project Entitlen-ents • Fdlowing a recarrnendation to the Certify the EIR, the Commission considered motions to reconm-end approval of the Westside Project. • These motions were defeated on a 2:5 vote. • The Cormission did not consider any alternative motions, but indicated that the defeated motion represented their recorrrr-endation to deny the project. March 21, 2007 STAFF RECOMMENDS THAT THE CITY COUNCI L • Certify the Lodi Annexation Final BR as adequate CEQA analysis for the Westside Project. Westside • Initiate Annexation of the Westside plan area • Approve the Prezoning Designation of PD for the Westside plan area • Adopt the Westside Development Agreement • Approve an amendment to the Westside Facilities Master Plan • Approve an amendment to the Bicycle Transportation Master Plan for the Westside plan March 21, 2007 Vs Basic Goal of CEQ4 • Develop and maintain a high-quality environment now and in the future, while the: Specific Goals of CEQA are for California's public agencies to: 1) Identify the significant environmental effects of their actions; and, either 2) Avoid those significant environmental effects, where feasible; or 3) Mitigate those significant environmental effects, where feasible. March 21, 2007 Vs Purpose of an EJR • Provide State and local agencies and the general public with detailed irrfa-rration on the potentially significant erivirnnrnental effects which a proposed project is likely to have, and • List ways which the significant environmental effects may be minimized, and • Indicate alteratives to the project March 21, 2007 11N1 "WO WJ 0 WM WJ VA: What is Significant? • Generally defined as a substantial or potentially substantial adverse change in the physical • Deterrrination should be based on scientific and factual data • '•• r.•- regulatory and,•••e• standards Factors riot Relevant • Project merits • Speculation • PSI icy Inconsistency (in and of itself • Public controversy March 21, 2007 A Land Use, Agricultural and Planning Policy (S, Sly B. Traffic and Circulation (S, Potentially SU) C. Air Quality (S, Sly D. Noise (S, Pbtaitially SU) E Cultured and Paleontological Resources (S) F. Geology, Soils and Seisrriaty (S) G. Hydrology and Water Quality (S) H. Biological Resources (S) I. Hazards and Hazardous Materials (S) J. Utilities K Public Services L Visual Resources (S, Sly M Energy March 21, 2007 A 0 IAAJ =1 10 LTA wil 0 1 to !J■1MM/1\►\■JI! 15090. Certification of the Final DR Pria- to approving a project the lead agency shall certify that: • The final El has been completed in oorrpliance with CEQ4; • The fi nal EI R was presented to the decision-rrraldng body of the lead agency, and that the decision-maldng body reviewed and considered the infatuation contained in the final El prior to approving the project; and • The final El reflects the lead agency's indeperxferrt judgment and analysis. The analysis needs to be commensurate with the requested level of approval March 21, 2007 VU-IAT DOES IT MEAN TO CER11 FY AN El R ? City of Lodi City Council A 0 9A.] =1 10 LTA wil 0 1 to RA I PRMAWAA L1 WN I -W. Certification of an BRdoes not mean: • You like the project • You hate the project • The project should be approved • The project should not be approved It simply means that it provides adequate analysis and information for you to understand the potential significant environmental effect of implementing the proposed project March 21, 2007 El R RELATED QLJES11 ONS & CONCERNS City �Lodi City �I wNwn'N 2 Wil 12 111 It 00NOSWO 0 1*, go: Analysis of I nconsistency with VYFIVP Staff believes Mitigation Measure LU1 is adequate; with the amended language to include a landscape plan in item c of the mitigation. The CaYrrission could recommend amending the mitigation measure to include a 100 -foot buffer: "d. Additionally,the applicant shall revise the plan prior to Tentative Map ap roval, to include an open spagWl andscape buffer With a rri ni mum width of 100 feet." March 21, 2007 WNWZ 2 WTI 12 111 'Will 1 [NJ 00F610SWAIN ;*, go: Agricultural Mitigation • Prime Farmland in the Other Areas to be Annexed (39 aa -es) • An option that would require mitigation consistent with the Couritys program if it is adopted prior to project implementation • 15 -year preservation term for the agricultural easement versus in perpetuity March 21, 2007 wNwZ 2 WTI 12 D 'Will 1 [NJ 00F610SWAIN ;*, go: Agricultural Mtigation Staff reconTnends that Impact LU2 and Mitigation Measure LU2 be revised to: Ind ude the 39 acres of the Other Areas to be Annexed; and Ind ude an option to comply with the Countys program if it's adopted. In Addition, the Planning CDmi fission may: • - - Co �• I • 0,• A I 10,11- - . -A I - • • - 00• IN �• I I I• - • - This revision would be consistent with the Mitigation Measure induded in the Reynolds Ranch El R. March 21, 2007 WNWZ 2 VIA 12 D 'Will 1 [NJ 00NOSWAIN ;*, go: Traffic and Tranw—L-Lion 15 intersections that would be significantly in ed under the Bdsting Plus Project Scenario 19 intersections that would be significantly impacted under the Cumulative Scenario 155,4010 .3,11 F I March 21, 2007 L S A RE 17. 7 March 21, 2007 # Intersection Intersection Contr-d Endsting V1tth Projed 2030 CLKmlative AM Peak FbLr PM Peak FbLr AM Peak FbLr PM Peak Fkxr Delays LOS Delays LOS Delay- LOS Delays LOS 1 Turner Fbadt LowerSacramento Road - Woodhaven Larne Sgralized 35.6 sec D 41.8 sec D 50.9 sec D 60 4 sec E 2 Turner Road/SR 99 SB Rasps Sided ed stop Contrd 6.7 sec (35.6 sec) A 16.1 sec (E) (107.9 sec) B (F) 28.1 sec (>120.0 sec) D (F) 67.1 sec (>120.0 sec) F (F) 3 Turner RoaSSR 99 NB Ramps SideStred stop Contrd 3.2 sec (17.9 sec) A 6.0 sec (C) (37.2 sec) A (E) 3.8 sec (24.7 sec) A (C) 11.0 sec (>120.0 sec) B (F) 4 Om Streeter- Sacramento Road Slg-dized 20.3 sec C 26.4 sec C 23.9 sec C 45.8 sec D 5 Lodi Ave. -Sargent Rd./Lamer Sacrarn3 to Road Slgialized 25.8 sec C 46.4 sec D 320 sec C 63.8 sec E 6 Lodi Avenue/Ham Lane Slgialized 33.0 sec C 39.9 sec D 40.2 sec D 54L2 sec D 7 Tdcay Street/Lovver Sacramento Road Slgialized 11.1 sec B 13.9 sec B 13.3 sec B 25.4 sec C 8 Vine Streel/Larer Sacramento Road Slgialized 14.8 sec B 15.5 sec B 21 A sec C 25.3 sec C 9 Surmest Market Placatower Saaarnento Road Signalized 7.3 sec A 11.6 sec B 9.1 sec A 18.4 sec B 10 Kdtleman Larne/Davis Road Sideti�eet Stop Control >120.0 sec (>120.0 sec) F >120.0 sec (F) (>120.0 sec) F (F) >120.0 sec (>12(L0 sec) F (F) >120.0 sec (>120.0 sec) F (F) 11 "eman LaneWastgate Dive Signalized 20.5 sec C 21.7 sec C 225 sec C 31.1 sec C 12 � �o Road Sigialized 221 sec C 264 sec C 27.2 sec C 36.4 sec p 13 Kdlleman Lane/Tienda Drive Sgdized 123 sec B 21.5 sec C 15.8 sec B 30.0 sec C 14 Kdtleman Lane/Mlls Avenue Sig-dized 25.5 sec C 29.8 sec C 28.1 sec C 329 sec C 15 Kdtleman LanelHam Lane Sig-dized 30.8 sec C 44.6 sec D 33.3 sec C 50.3 sec D 16 Kdtleman Lane/Cresoent Avenue Sig-dized 13.2 sec B 27.9 sec C 21.3 sec C 33.8 sec C 17 Kdtleman LanelHutchins Street Sgialized 25.5 sec C 35.3 sec D 40.0 sec D 43.6 sec D 18 Kdtlerran LanelChurch Street Sgialized 220 sec C 388 sec D 25.9 sec C 431 sec D 19 Kdtlerran Lane/Stocldon Street Sgialized 36.2 sec D 326 sec C.394 sec D 36.6 sec D 20 Kdtlerran Lane/Central Avenue Sgialized 9.9 sec A 19.0 sec B 9.6 sec A 19.9 sec B 21 Kdtlerran Lane/Cherokee Lane Sgialized 24.3 sec C 8.9.8 sec F 25.5 sec C 109.6 sec F 22 KBWerTon LanefSR 99 SB Ramps Signalized 13.9 sec B 30.6 sec C 14.6 sec B 31.2 sec C 23 KBWerTon Lane/SR 99 NB Ramps Signalized 11.3 sec B 11.8 sec B 14.7 sec B 21.1 sec C 24 Harney LandLaw Sacramento Road Stop -Way NAb NO NAb NO NAb NO NAb NO 25 FbrnY Lar Ham Lane Side -Street stop Contrd 223 sec (96.0 sec) C 8.2 sec (F) (48.7 sec) A (E) >120.0 sec (>120.0 sec) F (F) >12D.0 (>120.0 sec) F (F) 26 Harney LaraHutchins St. -West Lane Signalized 71.7 sec E 48.3 sec D >120.0 sec IF p >1AU IF p 27 Harney Lane/Stoddon Street Signalized 9.0 sec A 126 sec B 19.1 sec B 70.0 sec E 2$ Harney LarnelSR 99 SB Ramps Stop -Way 57.5 sec F 85.7 sec F >120.0 sec F >12U.0 sec F 29 Harney LanetSR 99 NB Rarps Side,Stred stop Contrd 6.1 sec (18.8 sec) A 65.5 sec (C) (>120.0 sec) F (F) 87.1 sec (>120.0 sec) F (F) >120.0 sec (>120.0 sec) F (F) 30 Amstrang Lane/DaMs Road Std � 9.2 sec A 9.5 sec A 13.2 sec B 15.8 sec C 31 A nsta-@ Lane/Loner Saaarnento Road Signalized 16.4 sec B 17.7 sec B 25.5 sec C 43.6 sec D 32 AnTnstrorx3 Lar>P/SR 99 SB Ramps Stop -Way 8.9 sec A 8.8 sec A 17.4 sec C 15.0 sec B 33 Armstrong Larne✓SR 99 NB Ramps Side,9tred op catd 6.8 sec 29 sec) A 7.5 sec (B) (13. sec) A (B) (24.9 �) (C) 12 7 sec mifflo B Q Intersections Sgniticant Impact Recommended Mitigation Bdsdrng + Project Cumulative Bdsting + project CurrvAd e 1. Turner Rcad�Loner Saaamento Road — Nbod>avern Lane v v Second vesbou nd Int -tum lane (signal retin ing would not enhance the signal's per-fonn-ence to LOS G (LTS) Second v�bound, nathbound and southbound let -tun lane. (LTS) 2 Tuner Fb?cVSR99 SB Fbnps v v Traffic signal. (LTS) Traffic signal. (LTS) 3. Tuner Roadx R99 NB Frarrps v v TrafTicsigial. (LTS) TrafTicsigial. (LTS) 4. OmStreet/LonpxSaaane7toRoad v Second vvestband left -turn lane and signal re4med to a 115.0. second cycle length.(LTS) 5. Loci Ave m —Sag? rt RmAo w SWMW to Fuad v v F�ime signal to a 110.0second cycle length (LTS) lett tun lane in the cycle le and westbafnrJ directions.annd retirre to a 110.Oseoond ccycle length. (LTS) and 6. Lod Avenue/Ham Lane v v Femme signal to an 80.0seoond cycle length. (LTS) In the PM peak hour, retime signal to a 90.0second cycle length pealkting in 39.2 secaxJs of aArage delay (LOS D). (SU in PM sI n0. 10. l�tlerrt3n LaneJDavis Fuad v v Traffic signal. the and Cdbars are auertly plarring for a sigd of flr"s loraOcn. (ILTS) Treffic i and an �ticnal v�cu nd and eastbound nd thro jn lane. (ILTS) 15. l4�tlem an Lare/Farn Lane v v Adjust the amount of time given to ea=ch phage cluing the PM peak ho r and irrpro✓e intersecticn coonnation cffset to better fit traffic conditions. (LTS, but not acceptable LOS) Add a second naftcund left -turn lane. (SIJ) JLTS 18. l tlerr�n Lane/Ch x rCtn Strep v v the scuou nd lane geometries to a left -tun lane and a '°4� fttb shared UYcu gh-right lane. (LTS) A mestbou nd and eastbound second left -tum lanes. (LTS) 19. Kettlernan LanelStoddon Street v v Adjust signal phasing splits during the AM peak hour. (LTS) A northbound second left -tum lane. (LTS) 21. Ket lernan Lane/C herdcee Lane v v Add a second northbound and southbound left tum lane. (LTS) L� 24. Harney L.anetLa\uer Saaarrnento Road v v Traffic signal is under oonst uclicn by the o0. nty.(LTS) A traffic signal is under construction by the county.(LTS) 25. Harney LmYl-arn Lane v v Traffic signal. (LTS) Traffic signal and a westbound right -tum lane. (LTS) 26. Harney LansHubchins Street — Wed Lane v v ri eastbound la and weslband second throua�n lane and dedicated lane (Ll S) directions, a second naibcu nd, southba nrnnd mestlocund hough lane and nthe westbamd left - turn tun lane. (W kLM 27. Harney LarneGoddon Street v A eastbound and v estocu d second through lane. (LTS) 28. Farney Lane -SR 99 SB Rampsv v Traffic signal. (LTS) Traffic sicnaiI and a easibou cl left -turn lane and a westound secondrif agh lane. (LTS) 29. Hannay LaneSR 99 NB Rams v v Traffic signal. (LTS) Traffic signal shall be installed and westbound let -tum lane and a eastbound right -Un lane and molly the northbound approach lane configura-tion to a left -turn lane and a shared throw -right lane. (LTS) 31. ArnYstrong Pzwnaw Sacramento Road v Reetime signal to a 60.0second cycle length. (LTS) 33. ft strcng RoadrSR99 NB Ran p v Change operation to an A WVay Stop Contrd. (LTS) Note: v indicis that the project would result in a significant impact' Source~ LSA and Fehr & Peers, ME NwZ 2 FIA 12 b will IINVIONOIEW's Water Supply Groundwater Supplemental Safe Yield (Reynolds Ranch) Supplemental Safe Yield (Westside -Southwest Gateway V\bodbridge Irrigation District Reduction Demand through Conservation and Metering Total Supply Water Demand Existing City Reynolds Ranch Westside -Southwest Gateway Vacant Land Total Demand Surplus Supply Acre Feet per Year 15,000 374 695 6,000 2,500 VzI 17,011 501 887 1,378 19,777 March 21, 2007 March 16, 2007 Mayor, Bob Johnson & Lodi City Council City Ha# 221 West Pine Street Lodi, CA[ 95240 Dear City Council: S- I RECEIVED 7007 MAP 19 PM 2: 32 C t T V C CITY OF L dDf The LoCN Chamber of Commerce Board of Directors and the Government Relation Committee have both reviewed the Westside Development Project coming before you at the March 21st council meeting. Both groups find this expansion of Lodi residential housing to be well though out in design, with attractive amenities and adding to the "quality" statement Lodi maces as a community. We find the elements of the agreement to be advantageous for all concerned not adding burden to the city's infrastructure, and contributing to the city considerable funding for needed projects in other areas of Lodi. As Lodi's growth continues at a slow pace, we are in favor of this development satisfying in part the need for new housing for the foreseeable future. Therefore we encourage your support, and a favorable vote on both the certification of the EIR and overall project approval of the Westside Project as presented to you on March 21St Thank you for your continuing service for our community and your support for this important Westside project. Respectfully, On Behalf of the 790 Lodi Businesses, who are the Lodi Chamber of Commerce. Pat Patrick, President / CEO r