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Agenda Report - November 15, 2006 I-01 PH
AGEMI)A ITEM lop I kft CITY OF LODI %TJ COUNCIL COMMUNICATION TM AGENEW TfTLE: Condmet a Public Hearing to consider: a) Certification of the Lodi Annexation Environmental impact Report (EIR), as adeousta E110A analysis for the Southwest Gateway Project. b) The Southwest Gateway Project, which includes Annexation, Pro -zoning, De*lopment Agreement, and an Amendment to the Bicycle Transport- ation Master Plan to incorporate 305 acres into the City of Lodi to allow construction of 1,230 dwelling units, 5 neighborhood / community parks, and a public elementary school, on the west side of Lower Sacramento Road, south of Kettleman Lane, north of Harney Lane (including 565 and 603 ]East Harney Lane). This Includes a City initiated request for the "Other Annexation Areas" (48 acres) for Annexation, General Plan Amendment and Prezoning to avoid creation of a County island. MEETING DATE: Nover"ber 15, 2006 PREPARED BY: Lynette Dias and Charity Wagner, LSA Associates, Inc. RECCWNENDE© ACTION: Take action in accordance with the following recommendations: EIR The Planing Commission regommends that the City Council eartify the Lodi Annexations EIR (EIR- 0"1), as adequate CEQA analysis for the SW Gateway project, adopt the Findings and Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program with specific modifications to Mitigation Measures (LU -1, LU -2 and TRANS -1). Project IlintMements Following the City Council's action to certify the EIR, Staff recommends that the City Council take the following actions related to the SW Gateway Project: SOUTHWEST GATEWAY i } Approve the request of Tom Doucette, FCB, to adopt a resolution of intent to annex 305 acres (Ak04-01: 257 project acres and 48 contiguous acres, outside of the project area) and the request of two property owners an Harney Lane to annex 2 acres of land into the corporate limits of the City of Lodi. APPROVED: _ Blair King, ' Manager N:1AdministratWn\CMtSusarRBiairIFCB DA Agretmenfll 1*15 #06 SW Gateway munCom.0m 2) Approve the City initiallvd request for a General Plan Amendment for the "Other Annexation Areas" to be redesignated from PR (Planned Residential) to MDR (Medium Density Residential). 3) AlIiprove the request of Tom Doucette, FCB, for a Prezone (04-Z-01) to a Planned Development (PID) Zone for the entire SW Gateway site, the request of two property owners on Harney Lane for a Prezone to PD, and a Prezone of Residential Medium Density (R -MD) for the "Other Annexation Areas." 4) Approve the request of Tom Doucette, FCB, for a Development Agreement (05 -GM -001), setting the mutual entitlement obligations entered into between the City and the project applicant for the SW Gateway project. 5) Approve the request of Tom Doucette, FCB, for an Amendment to the Bicycle Transportation Muer Plan. SUIYtA4AAY The following provides a brief. overview of the SW Gateway Project. Ama Az Housing Units Parks) Basins &Trails (Acne) Schools (Acres) Low Medium no Dons i High Donafty units overall overall dens Unita DensityUnits Overall Total Units SW GateWays 257 7704.3 1fi0 9.4 300 21.4 1,230 31 14.5 r Ar ' Otheto be Annexed 4$ - - - - - - 335 -- I - The SW Gateway project would annex 257 acres of land from San Joaquin County into the City of Lodi, which could accommodate development of up to 1,230 residential units, 31 acres of parks and trails, an elementary school and related infrastructure. To implement the proposed project, the applicant has submitted applications for annexation, Prezone and growth management unit allocation. The growth management units will be allocated through the Development Agreement. An additional 48 acres identified as "Other Areas to be Annexed," which consists of property that is adjacent to the SW Gateway project, currently in San Joaquin County and within the City's Sphere of Influence is also proposed to be annexed into the City. The City has initiated annexation of these properties to avoid creation of a County island. There are also two property owners who have filed Annexation and Prezone applIcations for their properties on Harney Lane. These properties are contiguous to the SW Gateway project area and are located at 565 and 603 East Harney Lane. Currently there are no development plans identified for the "Other Areas to be Annexed" and the Harney Lane properties. BAICKOROUND CITY CCONCIL ACTION: The City Council was scheduled to consider the Lodi Annexations EIR and both FC& projects (SW Gatevwelay and Westside) at their meeting on November 1, 2006. At the meeting, it was deta nined that there may be a potential conflict of interest related to the location of the Westside project and property owned by Councilman Hansen and Mayor Hitchcock. After discussion between the council, staff, the applicant and the public regarding the option to proceed with the hearing on only the SW Gateway project and continue the Westside project, both projects were continued to November 15, 2006 to avow City staff to determine the appropriate course of action for the Council's consideration of the Lodi Annexation EIR, SW Gateway and Westside projects. N:lAdministratWn CAMSusar#Blai6FCB DA Agreement111#15 #06 SW Gateway counwm.Wc 2 Prejvciia Ci�alriraaclilrisl�s� The SV+ GMe vet' project sit4 is approximately 257 acres and is comprised of 11 parcels. The project site is entirer vein +ate City's S91here of hfluence and the City's General Plan desigtatters the project aeras "PR" Planed Ros ttial. T* General Plan anticipated development of the PR designated propertios y 2007. T e dominant use of tt#e site is agriculture including, field crops, vineyards, and a cherry orchard There aiie also several structures on the site including a cluster of multi -family housing, a single-famly home, and a farm complex (cised in association with the orchard) all of which are located off of Lower SacrarnOnto Road. The "O*r AnneKation Area' consist of 48 acres and are comprised of 12 parcels. There are also two. properts on Harney Lane t are requesting annexation and Prezone as part of this; request. This area is entire w tin the Cfty's.S**re of Influence and the City's General Plan designates the project area as "PR" Pldihned Residential. These parcels are developed with agricultural and residential uses. Prosct#ewdifan The SW' project is7star planned residential community that, if approved, could acoom me development to 1,230 new residential units, 31 acres of parks, trails and open s e, a K-8 a ek school (14.$ acres), and related infrastructure. The proposed M Gateway land use plan is irNended to guide future development of the project area. Detailed plans for development within the proj*t area (including prgposed svtbacks, height, and architectural design of the homes) would be subject lb review by the Planri ing Commission via a development plan and tentative subdivision raps. The SW aieway land use p*n designates the project site for development as follows: + 177.5 acres of lowoensity, single-family, dwelling units (up to 7 units per acre); + 17 ages of medi*density dwelling units (7.1 to 20 units per acre); + 14 awes of high-density dwelling units (24.1 to 30 units per acre); 14.5 acres of eletart' school; 31 acmes of parklzand open space (9 acres of upland parts, 17 acres of park/basin, 3.74 acres of tralls and 0.37 of general open space area); and + . 3 acres for a mini Ooraoe site. The otho t annexation areas, cions ng of 48 acres, could be developed with medium density land uses - in the futile. CEQN Vim#! A4 AI ALYSIS Staff pr red oro EIR to ev to two projects proposed by FCB Harness; the SW Gateway Pr€jegt a the Wes a Project. On Se ber 16, 2005, a Notice of Preparaton (NOP) u circulated natifyint responsMe ageroes and int ted parties that an EIR would be prepared and indicating the environn ntael topics that wero anticipated to be addressed in the EIR. A public so©ping session, which was nobapd to all property ovoers located within 500 feet of the projects, was held by the Planning CommisAon on October 12, 2005. Comments received by the City and at the public scoping meeting were takan into consideration during preparation of the EIR. The Draf( IR was prepared aOd made available for public review on April 17, 2006. It was diatribLded to State articled apneies, poslod at the County, and made available at the City Planning Offices and Public Li*ary and posted on the City's website. The Draft EIR was distributed to the Planning Commis ners (arid City CouOrcil members) in April 2006. The Notice of Completion (NOC) was publishes on April 17, 2W6. WAdnbnisha*NCMk5us WBJaMFCB RA A9*Wwh11#15 ON SW Gateway eouncmn.doc 3 The 45 ay public comment nod began on April 17, 2006 and closed on May 26, 2006. Written respon*s to each ccxr+men# eceived were prepared, and the comments and responses were packaged into a Fosponse to Commeris document. The DrA#t BR and the Respq►se to Comment document constitute the Final EIR, and the City Council must c sider the analysis a0d conckisions in these documents prior to taking action on the SW Gatewaj appfico tion for Ann#xation, General Plan Amendment (for Other Annexation Areas only), Prezone, Development AgreOment, Bicycle Master Plan Amendment. The Final EIR was distributed to the CitylCouncil on October t 2006. The Pla ning Commission considered certification of the Final EIR at meetings on October 11 th and Octobei2511i. The Commission's review of the document and their recommendations are described below. scope of 00 EM Baaed tea oonosins identiftec .in the NOP and comments received curing the public scoping n% tie followin# topics were identified for evduafun within the EIR: • Lar# Use, Agric3ulure ane Planning Policy • Trak and Emaculation • Air Ouaft • Noir • CuP*al and Pakwtologipal Resources • Ge*gy, Sols and Seismicity • Hyd logy aid Water Oui ty • 13**bW Resourees • Hads and - Significant Unavoidable ImpActs. The Draft EIR and Response to Comments document identify several impacts on land use, transportation circulation and parking, air quality, noise and visual resources that cannot be mitigated to a less -than -significant level even though the City finds that all feasible mitigation measures have been identified and adopted as part of the project. CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially 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. The City has prepared a Statement of Overriding Considerations (see Attachment 4) that concludes that notwithstanding the disclosure of the significant unavoidable impacts, 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 prgposed project. The EIR found that the project would exacerbate nonattainment of air quality standards within the San Joaquin Valley traffic circulation impact. EIR Praoct Aluwnatives The EIR considered four alternatives to the proposed project: the No Project/No Build Alternative, the Agricultural Residential Alternative, the Reduced Density Alternative, and the Increased High Density Alternative. As required by CEQA, the EIR identified an environmentally superior alternative. The No Project/No Build alternative was identified as the environmentally superior alternative in the strict sense that the environmental impacts 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 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 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. Response to Comments Document The Response to Comment (RTC) Document provides responses to comments on the Draft EIR and makes revisions to the Draft I3R, as necessary, in response to these comments or to amplify and clarify material in the Draft EIR. The following nine comment letters where submitted to the City of Lodi during the public review period: 1 DeWrtment of California Highway Patrol May 4, 2006 S.K Coutts, Captain 2 Department of Conservation, May 26, 2006 Divil6ion of Land Resouree Protection Dennis J. O'Bryant, Acting Assistant Director 3 Deportment of Transportption, May 25, 2006 Toth Dumas, Chief of Ofe of Intermodal Planning 4 Pailic Gas and Electric Company May 26, 2006 Clif1brd J. Gleicher 5 Pub1c Utilities Commission April 26, 2006 Ke* Boles, Utilities Engneer 6 San ,Joaquin County Pu Works May 24, 2006 Andliea Vallejo, AssistanA Transportation Planner 7 Govlrnor's Office of Plarering and Research May 26, 2006 Stam Clearinghouse andRIanning Unit Tern Roberts, Director N:%dministralkwACNASusan5Slair%FCB DA Agre"nfll 1 #15 #06 SW Gateway councombw 6 8 Son Joaquin Valley Air Pollution Control District May 4, 2006 Debbie Johnson, Air Quality Specialist 9 'ton, Robert G. May 23, 2006 Additionplly, Staff received five EIR comment letters the week of October 9, 2006. The additional letters included a supplemental letter from Pacific Gas and Electric Company, Adams Broadwell Joseph and Cardoza on behalf of Citizens for Open Government, Sierra Club, Campaign for Common Ground, and the Clements Residents. CEQA does not require written responses to these letters as they were not submitted during the public comment period; however staff provided responses to these letters for the Commission's consideration at their meeting on October 25, 2006 (see Attachment). Miitgation ging and %porting Program The Mitiation Monitoring and Reporting Program (MMRP) is included as Chapter IV of the Response to Comments document (Attachment B of the Draft Resolution to Certify the EIR). The MMRP is in compliance with Section 15097 of the CEQA Guidelines, which requires that the Lead Agency "adopt a programfor monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects." The MMRP lists mitigation measures recommended in the EIR and identifies mitigation monitoring requirements. The MMRP identifies the party responsible for carrying out the required actions, the approximate timeframe for the oversight agency and the party ultimately responsible for ensuring that the mitigation measure is implemented. Adoption of the Mitigation Monitoring Plan effectively makes the mitigations part of the project. Finding4i and Satement of Overriding Conslderations The Lodi Annexation EIR stipulates that following the adoption and implementation of the mitigation measures recommended in the EIR, the proposed project would have significant unavoidable impacts on the environment. Section 1€090 of the CEQA Guidelines, requires the Lead Agency, prior to approving a project, to certify that: • The Final EIR has been completed in compliance with CEQA; The Final EIR was presenl*d to the decision-making body of the lead agency, and that the decision- making body reviewed and considered the information contained in the Final EIR prior to approving the prmject; and The Final EIR reflects the lead agency's independent judgment and analysis. In addition Section 15091 states that no public agency shall approve or carry out a project for which an EIR has Wen certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief 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 not the 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, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, matte infeasible the mitigation measures or project alternatives identified in the final EI R. N.)AdministratianNCMGusanZta!AFCB QA Agreelnent111#15 #06 SW Gateway muncom.doc 7 Sectional5093 also requires 1he decision-making agency to bake, as applicable, the economic, 4010, social,hnokoc al, or oth krA m benefits of a proposed project agaits unavoidable environmental ds4s when does whether td approve the project. If the specific economic, legal, social, technological, or other b*efft of a proposed.project outweigh the unavoidable adverse environmental effects, the advers mtiromental effeclis may be considered "acceptable" if the jurisdiction states in writing the specific teasons to support it* action based on the Final EIR and/or other information in the record. Detailae iia gs to support certification of the Final EIR and adoption of a statement of overriding considerations we included herein as Attachment A of the Draft Resolution to certify the EIR. Plazinni �e alren f a'Receaimmencla n. The Planning Commission considered certification of the F al ElF1 at meetings October 11, 2006 and October 25, 2006. Several concerns and questions regardiry the EIR were raised by the Commission and the public at the October 11 Commission meeting including; + The recommendeq mitigation for buffering the adjacent agricsAural land is inadequate (WItigation Measuiiila3 LU -1). The Commission suggested that a bitter of 100 feet minimum be required. • The Impact and K*gabon Measure LU -2 related to the conversion of agricultural land should it cWo the 39 ac* of Prime farmland within the Other Annexation Areas, require a time period longer than"15 years, and include an option to adopt what is required under the San Joaquin County program once it is finalized. • Cin that the Traffic Mitigation Measures TRANS -1 and TRANS -2, which refire the preparation of a Tr tic improvement and Financing Plan that has to be approved by the City Coundl prior to tho approval of a Tentative Map, is not adequate and inappropriately duets aftgabon. • Discussion as to AWher the recommended Air Quality Wigatation Measures are adequate aird whether sorne of ft measures included in the Adam's Broadavell letter should be included. • Concern regards ngshe water supply, source and timing. • Concern regardingfhe ability to treat wastewater from the project. + Growth ind4cing in acts related to Century Boulevard. On Oct r 25, 2W6, staff pro0ented responses to the Commission's concems rammed at the October 1 f, 2004 ng. The CooWmJss' and the public posed several gtmm iws to staff related to agdeultural mitigaat' tr�timan imp s and review of subsequent approvals. Following the �scusseion, the Plararaing oftwtisition passed 5:2) a nnotion recommending certification of the EIR with the modificationee to some 10 the impacts and tion measures as detailed below. jjpgM e LV -1: To reduce agricultural/residential land use incompaitities, the following $lhall be sided: a. The alappkc . shall inform and notify prospective buyers in writing, prior to purchase, about exist' and on-going agricultural activities in the imrnediai a area in the farm of a disclosure 4ement. 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 rjtghttime farm operations which may create noise, dust, et cetera. The language anti format of such notification shall be reviewed and approved by the City Community 1pevelopment Department prior to recordation of final map(s). Each disclosure satement shall be acknowledged with the signature of each prospective N.�Administratiod C"Susafl0aiAFCO DA Agre*Wnt111 N15 #D6 SW Gateway councom.doc 8 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 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 adjacent to existing agricultural operations, the applicant shall submit a detailed landscaping, wall and fencing plan for review and approval by the Community Development Department. d. Additionally, the applicant shall revise the -plan prior to Tentative Map approval to include an open space/landscape buffer with a minimum width of 100 feet. (LTS) lamwi LU -2: The proposed Westside and SW Gateway projects would result in the convemion of approxil mately 392 acres of Prime Farmland to non-agricultural uses, Famland wh4in nag if developed. (The proposed changes impact the EIR which analyzed both projects. The subject of the Public Hearing and Council considerations is only the Southwest Gateway project.) Both the Westaide and SW Gateway project sites are primarily used in agricultural production, and are currently designated as Prime f=armland. Development of the proposed project would result in the conversion of Prime Farmland to non-agricultural uses. ASdition!Wly, when and if plans are proposed and approved for development within the Other Ares to be Annexed the development may result in the conversion of prime farmland. Thea 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: Mi " ati n Mea ure LU -2: Prior to issuance of a building permit after the first quarter of the combined buildIng permits for the Westside and SW Gateway promects have been hl�app 0 Qthat- _ n the conversion approved, ort approval o _a arse_ or Tentative a would result i of prime farmland within the Other Areas to be Annexed, the applicant shall provide and undertake a phasing and financing plan (to be approved by the City Councii) for one of the following mitigation measures: (1) Identify acreage at a minimum ratio of 1:1 in kind (approximately a total of 392 acres of prime farmland for the Westside and SW Gateway protects and L9acresfor the Other Areas to be Annexed)(currently not protected or within an easement) to protect in perpetuity as an agricultural use in a location as determined appropriate by the City of Lodi in consultation with the Central Valiey Land Trust, and pay a one time fee of $5000.00 to compensate City for monitoring cost/contingencies connected with management of the easements, or pay the monitoring costs as required by the Central Valley Land Trust; or the County 11rior_to this mitigation measure being implemented. (SU) N:IAdministratioMCM1susan1131airIFC9 DA AgreemenAl 1#15 #WSW Gateway councom.doc 9 Mitigatign Measure TRANS -1: Each of the following mitigation measures shall be implemented to reduce the projedt's impact on the identified 16 intersections:. la. Mitigation Measure AIR -2 identifies measures recommended by the SJVAPCD's "Guide for Assessing and Mitigating Air Quality Impacts to reduce vehicle trips and associated air quality impacts. Implementation of the same measures would also reduce associated traffic impacts. The folowing are considered to be feasible and effective in further reducing vehicle trip generation and resulting emissions from the project and shall be implemented to the extent feasible and desired by the City: • Provide 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 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 turnouts/bulbs. • 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 the project's impact. 1b: The implementation of each of the improvements listed in Table IV.13-6 would reduce the impacts to the identified 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 fisted 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 programmed 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 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 Pian Tentative Subdivision 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 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 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 some intersections may be significant and unavoidable if the City chooses not to implement the recommended mitigation measure. (Potentially SU) NV\AdministralionlCMlsusanlBlaiftFCB QAAgneement111#15 #06 SW Gatewaymuncom.doc 10 Staff is supportive of the Commission's recommendations on certification of the EIR, with the exception of the amendment to Mitigation- Measure LU -1 (item d) that requires the SW Gateway land use plan to be revised to include a 100 -foot minimum open space landscape buffer. Staff appreciates the concerns raised by the Commission and the public with respect to providing a buffer for agricultural uses_ However, 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 agricultural/residential land use incompatibilities to a less -than -significant level. Several cities and counties in central and northern California (including Lodi) have similar agriculture and residential interfaces. 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 input this requirement as a condition of approval into the PD Prezoning. As a conditon of approval, the City could have the flexibility of considering the appropriateness of the buffer at the time the detailed development plans are submitted. As a Mitigation Measure, the applicant would be required to provide the buffer to mitigate the impact to a less -than -significant level unless a statement of overriding consideration is adopted. As discussed in detail above, the Planning Commission recommended that the City Council certify the EIR with specific modification. Staff concurs with the Planning Commission recommendation to certify the DR, but wound note that careful consideration should be given to the Commissions recommendation to modify Mitigation Measure LU -1 (d) to include a requirement for 100 -foot landscape buffer. SW GANEWAY PROJECT 1IIINTITLEMENTS 1) Ann4*a#on The SW Gateway project area is located west of the current Lodi City Limit, on the west side of Lower Sacramento Road, within San Joaquin County. As part of the proposed project, the applicant intends to annex the 257 acre project area into the City of Lodi. Annexation of lands into the City requires review and approval by the Local Agency Formation Commission (LAFCO). LAFCO will consider applications for annexation, upon a request of the City Council. Lands must be within the City's Sphere of Influence (SOI) in order to be annexed. The SW Gateway project area 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). Additionally, the annexation of the SW Gateway project necessitates annexation of 48 acres of "Other Areas to be Annexed" on the east side of Lower Sacramento Road, which would otherwise become a County island surrounded by City lands. There are also two property owners on Harney Lane requesting annexation as part of this application. These properties are also located within the SOI and are currently developed with multi- and single-family residences. No new development is currently proposed for these properties, but development of this area is anticipated in the future. The areas to be annexed are within the SOI, consistent with the General Plan designations, would avoid the creation of a County island, would provide for contiguous urban growth, and would be a logical extension of public services; therefore, staff recommends that the City Council request LAFCO approval for the annexation of the SW Gateway project area, the "Other Areas to be Annexed", and the two parcels In Harney Lane (565 and 603 East Harney Lane). N:�Administr il"ion1CkflSusan\BiairT-CS DA AgP ement111 #15 #06 SW Gateway councom.doc 11 2) GerWai Plan Arnendmeat. The SW Gateway project (and two parcels on Harney Lane) would remain lin the PR designation and would be developed according to the PR (Planned Residential) density provisions. However, the "Other Annexation Areas" would be redesignated from PR to MDR (Medium Density Residential). The MDR designation is consistent with surrounding land use designations, and would permit the future development of single-family and multi -family uses; therefore, staff recommends the City Council approve a General Pian Amendment from PR to MDR for the "Other Annexation Areas." 3) Preying. Properties must have a City zoning code designation prior to annexation. Upon annexation, the City of Lodi designation of Planned Development will supercede the County designations, and development will be subject to the development standards and regulations of the City. The SW Gateway project includes a request for a pre -zoning designation to change the zone from a County zone of AU -20, Agriculture Urban Reserve with a minimum lot size of 20 acres, to a City zone of Planned Development, with underlying uses as indicated on the SW Gateway land use development plan. The two parcels on Harney Lane would also be Prezoned PD. The "Other Areas to be Annexed" would have a pre -zone designation of R -MD (Residential Med lu m- Density). In accordance with State law, zoning designations must be consistent with General Plan designations. The proposed PD Zone would be consistent with the existing General Plan designation of PR (Planned Residential) because the proposed density of 4.8 units per gross acre is within the PR density maximum of 7 dwelling units per gross acre. Additionally, the proposed zoning designation of R -MD for the "Other Areas to be Annexed" would be consistent with the proposed MDR General Plan designation. The applicant has submitted a Land Use Plan depicting the proposed layout of land uses within the SW Gateway project area. Final development plans would be subject to review by the Planning Commission prior to approval of any tentative subdivision maps, thereby allowing the Planning Commission to review final design details (architecture, setbacks, building height, landscaping, fencing, etc.) for each phase of the development. Residential uses would be the primary land use within the SW Gateway land use plan (occupying 200 of the 257 acre site). The densities of residential uses would be interspersed throughout the project, and the applicant intends to develop several different lots sizes and housing types throughout the project area. Again, final development plans will be subject to review by the Planning Commission; however, the applicant has provided sample elevations for each housing type (see Attachment 3 of the Planning Commission report) and the following housing descriptions to provide context to the intent of the land use plan. Low Density. The appicant proposes development of 770 low density residential units within the Sill Gateway plan area. Low density is defined in the General Plan as 0.1-7 dwelling units per gross acre. The standard lots for the units would range in size from 4,500 square feet to 7,350 square feet. Large lots up to 10,000 square feet would also be provided. Six different lot sizes are planned to address a broad range of housing types and needs in this category. Homes are expected to range from approximately 1,950 square feet to over 4,000 square feet. All homes would be single-family detached units with two or more garage spaces. A variety of architectural styles would be incorporated into the project. Each unit would be a single-family detached home and be either one or two stories. Mledium Density. The applicant proposes development of 160 medium density residential units within the SW Gateway plan area. Medium density is defined in the General Pian as 7.1-20 dwelling units per gross acre. The medium -density housing would be detached single family units designed with three residential lot types. The first lot type would be approximately 3,600 square feet. The residential units on this lot type would range from approximately 1,500 square feet to 2,100 square feet and include two -car garages. The second lot type is a cluster of four lots accessed by a common stub alley condition. This second lot type would average approximately 3,300 square feet and the residential units would range from 1,300 square feet to 1,900 square feet. Each unit would have a two -car garage. The third lot type is a cluster designed for alley N IAdministra§on\CM\Susan\Blair\FCB QA Agroement\1 t#15 #06 SW Gateway councoM.doc 12 access to the garages. Each home on this type of lot would either front -on or side -on to the neighborhood street. In the instances where lot clusters side on to the street, the front of the homes face a common pedestrian access called a paseo. The lots in this neighborhood would be approximately 2,700 square feet excluding the landscaped paseos. The cluster products will have a two -car garage oriented to an alley. l*gh Density. The applicant proposes development of 300 high density residential units within the SW Gateway plan areas. High density is defined in the General Plan as 20.1-30 dwelling units per gross acre. The high density units would include townhome units and apartment units. The townhomes would range from approximately 1,100 square feet to 1,800 square feet with two -car garages under each unit. The townhome units would be attached and grouped in segments of five to seven in each building. The townhomes are intended to be for -sale units. The apartments would be a blend of one-, two- and three-bedroom units. The apartment buildings would be two- and three-story buildings. The appicant has also provided conceptual landscaping plans for the streets and pedestrian trails within the SW Gateway land use plan (see Attachment 4 of the Planning Commission staff report). Final street widths and landscaping plans will be subject to review and approval by the Public Works and Fire Departments to insure that: a) the streets are wide enough to serve as a utility corridor; b) the street width and design allow access by emergency vehicles; c) the landscaping does not interfere with underground utilities; d) adequate room is provided for any above -ground utilities; e) the streets are not too wide to inhibit a neighborhood feel and social interaction across the street; and f) the street width is not so wide as to promote speeding. The Council should note that since the Commission meeting staff has added the following Condition of Approval to the Prezoning Ordinance: As part of Wigation Measure LU -2 of the Lodi Annexations EIR (EIR-05-01) the developer has the option to pay fees consistent with the pending San Joaquin County Agricultural Mitigation program or preserve agricultusel land in perpetuity to mitigate significant impacts associated with conversion of the 392 acres of Prime Farmland within the Westside, SW Gateway and Other Areas to be Annexed. 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 approval of the first tentative subdivision map. The proposed PD zone would allow for the development of 1,230 new residential units, development of neighborhood/community parks, a school and related infrastructure as per the associated SW Gateway land use plan. The SW Gateway project would provide new housing within a unique and well designed neighborhood that would promote the General Plan goals of providing a mixture of housing types. For these reasons, staff recommends approval of the proposed Pre -zoning to Planned Development with the implementation of tl m SW Gateway land use plan, and subsequent final development plans to be reviewed and approved by the Planning Commission. Additiormlly, staff reoommeods the City Council adoption of the R -MD pre -zoning for the "Other Areas to be Annexed" and IND Pre -zoning for the two parcels on Harney Lane. 4) Development Agreement. A Development Agreement (DA) is a private party agreement between an applicant and the City that, if approved by the City Council, becomes an ordinance of the City. City Staff has negotiated a draft Development Agreement with the project applicant, pursuant to which FCB has agreed 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 the subsequent discretionary approvals (i.e., vesting tentative maps) for the development. A discussion of its benefits to the City and the how the agreement would allocate growth management units is outlined below. N:1Administration\CNNSusarMair\FCB DA Agrelment111#45 #06 SW Gateway councom.doc 13 A summary of the obligations and benefits included in the draft Development Agreement is provided below. Deue#opm rit Agreement Project Obligations for FCB Southwest Gateway Project N�WdmiNstratioMCMlSusanRBlair1FC8 DA AgreWnent111415 #06 SW Gateway courcom.doc 14 W� Payment of $8,000,000 in in4allment Creation of community asset - $8,000,000 paymerft for design and construction of contribution DeBeneidetti Park Mainteronce of specified putAic Developer to provide the maintenance or pay improvements, including park, median strip for the maintenance costs for two years after and other landscaping maintenance and repair acceptance by City costs on dedicated lands for a period of two ears Pay $106,000 to the City for use to acquire $100,000 eg4mwt for the Lodi Parks and Recreation De rt . ` nt lawn mower Commuslty FaciNties District formed to provide $600 per single family attached or detached funding for payment of police, fire, library, residential unit per year and $175 per multi - recreation, flood control services and specified family rental unit per year -public f "lities All deveippment approved as part of the Development impact fees project va.Nl be subject to uniformly applied increases in existing impact foe and to specifie(tnew fees as descriW herein Paymentof a doWoprnent fel for a Cost of interchange funded, in part, by proportionate share of the cost of the Highway payment from developer — amount Based on 99 over ss at H&rney Lane proportionate share of demand for interchange Payment of Agricultural Land Mitigation fee Fees available for preservation of prime pursuant to the Ordinance and/or Resolution agricultural land based on Ordinance adopted to be ad _, ted by the Ci bv Citv Payment of Electric Capital Improvement Fees available for electric capital facilities Mitigation fee pursuant to the Ordinance based on Ordinance adopted by City and/or Resolution to be ado ted by the City Payment of development fee for proportionate Cost of improvements funded, in part, by share of The costs of designing and payment from developer -- amount based on constructing a water treatment system and/or proportionate share of need created by the percolation system for treatment of water proposed development acquired from Woodbridge Irrigation District pursuant to the Ordinance andlor Resolution to be-adq1ted by the C' Pa ment ibf UtRity Exit Fees Develo er a s full amount if required Installatidt+ of Water Well on Pputhwest site Payment of costs Provide uo to a maximum of $$0,000 to $50,000 partially fund the City of Lodi Recycled Water Master Plan Study N�WdmiNstratioMCMlSusanRBlair1FC8 DA AgreWnent111415 #06 SW Gateway courcom.doc 14 In exchaiil(ge for ftse enhancements and for satisfying all of the conditions of approval and mitigation measure associated with the. development project, the developer is obtaining a vested right to build up to 1,230 residential units. Addlionally, the Development Agreement allows flexibility in complying with the density percentages of the General Plan, defers detailed review of project architecture and design until development plans are submitted, and provides specific details on phasing and implementation. The applicant has submitted an application for 300 high density, 160 medium density and 770 low density growth management allocation units for the SW Gateway project. To date, there are 3,415 total allocations available: 1,772 high density, 278 medium density and 1,715 low density allocations (this includes the reserve allocations - units not previously granted). The table below shows a history of growth management allocation units including reserve allocations and units recently granted to the Reynolds Ranch project. Grab 110ana ent AliocalAiwn History Developer shall design, engineer and Provide necessary infrastructure for the project construct the following improvements or pay and dedicate land and improve parks and the City the appropriate fee for the pedestrian/bikeways improvements: 1,715 1. Proportionate share of the surface 709 1,772 water transmission rr*in and storage 278 1,772 tank 1rOTAL f Ola7 2. All water, sewer, storm drain, recycled 3,324 water pipes and relatod infrastructure A all streets within the project area 3. I)edii+cate land necessary to design and ifistalll improvements i0duding curb, gutter, sidewalk and 14ndscaping on Oe west side of Lower Sacramento Road between Lodi Shopping Center abed Marney Lane 4. Dedicate Band adjacent to the project's frontage which is necolssary for the expansion of Harney bane and improve Hurray Lane or pay into assessment district for improvemelits 5. Mclic ate land, design and install a ti*nsltlon roadway lanO adjacent to the psopebty aging Highwsly 12/Kettleman Lsne 6. PAY fair share for traffic mitigation rroasures in EIR that Ore not projects vwkhin the Streets and Aoads Fee POog€am 7. Dedicate land and construct parks and pillidestnaWbikeways In exchaiil(ge for ftse enhancements and for satisfying all of the conditions of approval and mitigation measure associated with the. development project, the developer is obtaining a vested right to build up to 1,230 residential units. Addlionally, the Development Agreement allows flexibility in complying with the density percentages of the General Plan, defers detailed review of project architecture and design until development plans are submitted, and provides specific details on phasing and implementation. The applicant has submitted an application for 300 high density, 160 medium density and 770 low density growth management allocation units for the SW Gateway project. To date, there are 3,415 total allocations available: 1,772 high density, 278 medium density and 1,715 low density allocations (this includes the reserve allocations - units not previously granted). The table below shows a history of growth management allocation units including reserve allocations and units recently granted to the Reynolds Ranch project. Grab 110ana ent AliocalAiwn History 9 There havtbeen high density allocatiorO granted over the past 15 years; however they Uve mored or were withdrsivn prior to issuance of building permits. N-\Administratia iAGMlBusanl$laiAFCS CA Agreehient111e15 #06 5W Gateway eouneom.Wc 15 pvaihoble Allocations Seheduled Granod from om 1 2065 Total Avail" Low 0._ 1-7 4,608 — 2,593 �V 1,715 Medium (7:1_-2g 709 1,772 431 0& 278 1,772 High 20.10 1rOTAL f Ola7 099 3,324 3,766 9 There havtbeen high density allocatiorO granted over the past 15 years; however they Uve mored or were withdrsivn prior to issuance of building permits. N-\Administratia iAGMlBusanl$laiAFCS CA Agreehient111e15 #06 5W Gateway eouneom.Wc 15 Approval of the Development Agreement would grant FCB a total of 300 low density and 300 high density growth management ordinance allocations from the reserve account. It would also grant the developer a vested tight to receive between 58 and 134 residential growth allocations per year from reserve or new allocations for the next eight years (see table below). The growth allocations granted through the Development Agreement are within the existing reserve of growth allocations and the projected future growth allocations issued on an annual basis. Notwithstanding the issuances of these growth allocations, there wiff still be sufficient growth allocations available for other developments within Lodi. Allocalions Assumptions through 2014 and Total Remaining Allocations Ava ble Allocations Assumptions by year Based on 2% Growth Rate and 2.774 persons Type A11 lona per household 5 2006 2007 1 2008 2009 2010 2011 2012 2013 2014 Law D _ 1,715 295 300 306 3_13 319 325 332 338 345 Medium Density_ --.278 45 46 47 49 50 51 52 53 Hi Derlilit 1,772 113 116 118 120 122 125 127 130 133 Total Af . ted Per Year3,765 453 462 471 481 00 490 5 510 52D 531 Allocation per project in accordance with Dev olmneritA reeMWA3 Reynolds Ranch -- -- SW Gateway -= _ -- 1500 73L 730 I 73L 73L 730 73L 73L 73L 200H 300E 590 590 59L 59L 59L 59L 58L 58L 300H 75M 29M 28M 28M Westside - -- -- 215E 70M 40L 40L 40L 40L 40L 40L 40L 180H _ Total Gratted Per DA _ — 1,165 277 381 200 200 172 172 171 171 Rem lit Annual — Allocatiallies b 453 185 - 90 281 290 328 338 349 363 Rertrainl" Pre -2006 3,785 Al locatiqW_ _ 2,600 2, 600 2,600 2,600 2,600 2,600 2,600 2,500 2,800 Total Reftining Allocati i 3,068 2,785 2,690 2,881 2,890 2,928 2,938 2,949 2,963 H=High Density, M=Medium Density and L=Low Density Allocatians granted for the year 2006 (the effective date of the development agreements) were all from the unused reserve allocations from previous years. Essentially none of the scheduled allocations for 2006 have been granted. ` The remaining allocations pre -20D6 represents the amount of unused allocations up to 2005, minus the unused allocations that would-be generated in the DAs (3,765-1,165=2,600). Total remaining allocations represent the amount of unused allocations (2,600) plus annual allocations that would not be allocated by the DA. Sources: Reynolds Ranch Development Agreement, and Draft Development Agreements for SW Gateway and Westside Projects. If approved, the SW Gateway Development Agreement would grant FCB 300 low density and 300 high density units from the reserved allocations, and for eight years following the first year of allocations, the SW Gateway project would be guaranteed a specific number of allocations from the annual allocation distribution. Because the development stages allocations over a nine year period (20061 to 2014), thereby allowing ample allocations for other projects, and because the Development Agreements secures concessions from the applicant that would be of great benefit to the City, staff recommends that the City Council adopt the SW Gateway Development Agreement. 5) Bike Plan Arrendment. The Bicycle Transportation Master Plan includes Class I bike paths along the western edge of the SW Gateway project boundary and along Century Boulevard (between the western project boundary and Westgate Drive). The Master Plan also includes Class If bike paths on Kettleman Lane, Lower Sacramento Road and Century Boulevard (between Westgate Drive and Lower Sacramento Road). The SW Gateway project includes bike paths, specifically within the north/south trail, but this location does not conform to the location shown in the Master Plan. An amendment to the Bicycle Master Plan is required. Staff believes this amendment is consistent with the purposes of the Master Plan and would only be necessary to relocate the Class I bike path currently shown along the western edge, to the central location proposed within the northfsouth pedestrian trail in the SW Gateway land use pian. The applicant intends to provide the remaining bike paths as per the Master Plan. Prior to amending the Bicycle Transportation Master Plan, the Planning Commission shall make a recommendation to the City N 1Administration1CNfSusanlBlairlFCB DA Agmemenrtl l#15 #06 SW Gateway coumom.doc 16 Counc egarding the reque fed amendment. SON nti�de !hatdte Piro C�pn r mval of t .. rpt by Torn illrou a te, RCl, to amend the llicVO-He Thi t Mie lan, P AsaM:oqer .The Planning Cotrurtission considered approval of the SW Gateway project s 11 and October 25. Several concerns and questions were raised by the Comm ion and the public the Oclober 11 Commission meeting including: * Desire to include p minimum 100 -foot landscape buffer along the western edge of both the SW Gateway project. is Conoem related to the terminus of Century Boulevard. + Comms related to the process and level of review of subsequent project approvats. Followi , #0 C,1err siorl'sPction to recommend the certification of the EIR, motions to recommend approv of the ON Cotewarwas defeated on a 2:5 vote. The Commission did not consider any alterna a mots, but indi*ed that the defeated motion represented their recommendation to deny The project. Modificl> ons discussed byComroWsivn included: requiring a minirrurm 100 -toot wide buffer along the nt e weeterdge, dlflalying the C�r rnent Agreement until after the Prezoning was in place, and Develop tent Phms were sul*nitted, requiring workshops with the Commission before finalizing development plus, requiring�a green building measures plan and allowing design review to be conductlid by the Cornmissioh instead of the Site Plan and Architectural Committee (SPARC). COUNCOL WMNS Followi:- c ficIo �ation of the di Annexations EIR as adequate CEGA analysis for the SW Gateway Project Oe Council may: • *ant pr*ct approval • teeny project aipprova fly TI at die pier w� be requir , via implementation of the SW Gateway Developmnt Agreentent, to park' in a Community F#Nlitkn ilstrict (CFD) for each project. Participation in this CFD is anticipato oft et public se#Aces cats associated with the development. No negative fiscal impact is anticipa as a result of the Oroposed projects. FUS: done Randy Community Devekapimertt Director MMARK/kb AttacHmentsl EIR 99clution FteoakAa - fixation Rs iq-GAlWalPlan ent p� on -Pr krp o� - r1rte+K nt ReWititldq - idridjrgde c�e Trangwrts9m Master Plea HAAdnRjniatra*\C &WIaiiFEB DA Agr omwA11015 OW SW Gateway oDuneondw 17 T •I LODI ANNEXATION EIR FOR SOUTHWEST GATEWAY PROJECT CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS Pursuapt to Sections 15091 and 15993 of the State CEQA Guidelfies and Section 21081 of the Public Resources Code The Fbi l Environmental Impact Rs port (Final EIR) prepared by the City of Lodi {City} for the Southwest (SW) Gateway Project, and Additional Areas to be Annexed (project) consists of the Draft EIR (L*di Annexation Environme*al Impact Report, April 2006) and Responses to Comments Docur*nt (Lodi Annexation Environmental Impact Report Response to Comments Document, July 2006). The Final EIR identifies sigpiflcant environmental impacts that will result from implemen- tation of the project. However, the City finds that the inclusion of certain mitigation measures as part of projoct approval will reduce the tmajority of potentially significant impacts to less -then -significant levels. The impacts which are not mduced to less -than -significant levels are identified and overridden due to specific considerations that ire described below. As re*red by CEQA, the City, in adopting these CEQA Findings and Statement of Overriding Consi*rations, also adopts a Miti*tion Monitoring and Reporting Program for the project. The City finds drat the Mitigation Monitorit* and Repotting Program, which is incorporated by reference and made apart of these findings inclined as Attachment A, meets the requirements of Public Resources Code Section 21081.6 by providing for the implementation and monitoring of measures intended to mitig* potentially significant et%ts of the project. In accordance with CEQA and the CEQA Guidegnes, the City adopts these flttdings as part of the certification of the Final EIR for the projects. Pursu*t to Public Resources Coda. Section 21082.1(c)(3), the City also finds that the Final EIR reflects the City's independent judgment as the lead agency for the project. Da14t�d: C:INrPorl WBMAII�i#PHYL LIS1873057 LDOC peNtad: 11/15/2006 Deletes: 11114!2006 IneMted; 11ri512006 I �..y�tu ���.uafiyom,�t5ewee.�ccv��.:uremr.LEi�ci:�usa�F.iu �u.�in xw ci:�+n r'�a�e ,s1�[�y� a��we1_ _ GSA AS{OCIATES. INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMN.R 2006 LODI ANNEXATION EIR TABLE OF CONTENTS SECTION 1: INTRODUCTION ..... ................................................ ........... I .................... I ..... .... 1 SECTION 2: THE LODI ANNEXATION AREAS................................................................. 2 SECTION 3: EFFECTS Df TERMINED TO BE MITIGATED TO LESS -THAN - SIGNIFICANTLEVELS.................................................................................... 4 SECTION 4: SIGNIFICANT EFFECTS THAT MAY NOT BE MITIGATED TO A LESS-THAI-,�-SIGNIFICANT LEVEL.............................................................. 20 SECTION 5: EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT OR NOTSIGNACANT......................................................................................... 26 SECTION 6: SIGNIFICANT CUMULATIVE EFFECTS ..................................................... 26 SECTION 7: FEASIBILITY OF PROJECT ALTERNATIVES ............................................ 30 SECTION 8: STATEMENT OF OVERRIDING CONSIDERATIONS ................................ 32 Attadunent A: Mitigation Monitoring and Reporting Program #dR - C:WrPortbAEBN4AMPHYL LI51873057 DOC l� DWtid: 11115!2006 � ��u__._» I Dol�tad: 11/1412006 Inserted. 11/1512006 1 u-::",r.�uwam'�Ma.G•�kIYLaFM.Fk..�.%�.�esuav iuwmm Fu.xal.Ks1'�taauwLm�nf d.flsSlSl?7�iM'�ny.,. �¢�issa_��CW1saW6l LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OvERRIDING CONSIDERATIONS NOvF.M#Itlt 1005 LODI ANNEXATION EIR SECTiON 1: INTRODUCTION 1.1 Statutory Requirements fir Findings Section 15491 of the CEQ,4 Guidelines states that: (a) No public agency shall approve or carry out a project for which an EIR has been Gert f ed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) 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. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measuites or project alternatives identified in the final EIR. In short, CEQA requires that the leod agency adopt mitigation measures or alternatives, where feasibly, to avoid or mitigate sigmicant environmental impacts that will otherwise occur with imple*entation of the project. Project mitigation or alternatives are not required, however, where they am infeasible or where the responsibility for modifying the project lies with another agency.[ For throe significant effects that c-mnot be mitigated to a less -than -significant level, the public agency is req*cd to find that specific oveltriding economic, legal, social, technological, or other benefits of the pr*ct outweigh the significant effects on the environment? The CEQA Guidelines state in section 15493 that: "If the specific economic, legal, social, technological, or other benefits of a proposed] project outweigh the unavoidable adverse environmental effects, the adverse environ- mental effects may be considered 'acceptable. "' 1.2 Record of Proceedings For proses of CEQA and the findings set forth herein, the record of proceedings for the City's decisiptl on the project consists of: a) matters of common knowledge to the City, including, but not limited to, federal, State and local ]taws and regulations; and b) the following documents which are in the custody of the City: 'CEQA Guidelines, Section 15091 (a), (b). ' Public Resources Code Section 21081(b). � c::cw<_,��uwelE.>.��wte�m�.ht:i.rcai.SawaaalA'aunv+sa'x.laltawl.ku.r�)101.1:YIIt#�.lamp!.,\�W..C.t!!A?iWiaer.xtvllwd.Atw LElll':7.�;!.:U Del . C:WTPortbPEBMArMPHYL LIS1873057 LDDC _.,. z _._ ......::::... 7-�- ....... Del*ted: 11115/2006 Dekited:11l14l2006 J Inserted: 11115/2006 LSA ASSOCIATES, 1NC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEM*.EA E006 LODI ANNEXATION SIA • Notice of Preparation and other public notices issued by the City in conjunction with the project (sot Appendix A of the Draft ITR for the Notice of Preparation); • The Public Review Draft EIR, dated April 2006; • AN written comments submittal by agencies and members of the public during the public comment period on the Draft I$R and responses to those comments (see Lodi Annexation EIR Response to Comments Document); • T1w Mitigation Monitoring and Reporting Program (Attachment A); • AN findings, statements of overriding consideration, and resolutions adopted by the City in connection with the project, and all documents cited or referred therein; • AU final reports, studies, memoranda, maps, correspondence, and all planning documents pre- po#ed by the City or the consu*ants, or responsible or trustee agencies with respect to: a) the City's compliance with CEQA b) development of the project site; or c) the City's action on the p*ect; and • AU documents submitted to tht City by agencies or members of the public in connection with deVelopment of the project. 1:.3 Orgsi izxtion/Format of l4ndings Section 2 of these findings contains a summary description of the project, sets forth the objectives of the pr*ct, and provides related b*kground information. Section 3 identifies the potentially signifWant effects of the project th* were determined to be mitigated to a less -than -significant level. All nldtibered references identifyi specific mitigation measures refer to numbered mitigation measizes found in the Draft EIR. 5kction 4 identifies the significant impacts that cannot be mitigated to a I -than-sigitificant level even though all feasible mitigation measures have been identified and incorporated into the project. Section 5 identifies the project's potential environmental effects that were determined not to be significoit, and do not require mitigation. Cumulative effects are discussed in Section 6. Section 7 discusses the feasibility of project alternatives and Section 8 includes the City's Statement of Overriding Considerations. These findings summarize the impacts and mitigation measuoes from the Draft EIR and responses to Comments document. Full descriptions and analyses are contained in the original document. SEC ION Z: THE LODI ANNEXATION AREAS The o*ctives for the SW Gateway project and the Other Areas to be Annexed, are listed below. 1. Southwest Gateway Projatt • Develop a diversity of high quality housing types to meet housing needs within the City of Lodi. • Provide affordable housing options within the City of Lodi. • Provide park areas and recreational uses that help to meet park standards within the City of Lodi. • D*vetop a school site that would serve future residents of the proposed project as well as other Lodi residents. 3 .-.. �».�s±4-,anwro�m!c,e�LL6ocrw.�rws�+.�_ti ar:.:..masa:Ixau«�A.tswci�e�rw:>_�o��,.aa.cnns-xuwl "@Wd. 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NOVEA 2006 CEQA FINDINGS AND STATEMENT OR OVERRIDING CONSIDERATIONS LODI ANNEXATION EIR density units L40 acral: one retool site: and 30 acres of parks/plc basins. Under this alternative, neiataa: rl wDDra re5,as m a mrai oe --- --- ------------------ thete would be no medium derbity residential units. 2.317 s. A mora detailed description of these alternatives, and required findings, are set forth in Section 7: Feasibility of Project Altematives. SECT40N 3: EFFECTS DETERMINED TO BE MITIGATED TO LESS-THAN- SIGrWICANT LEVELS The Draft E1R identified certain p4entially significant effects that could result from the project. However, the City finds for each of the significant or potentially significant impacts identified in this sectioQ:(Section 3) that based upon -substantial evidence in the record, changes or alterations have been required or incorporated into #1e project which avoid or substantially lessen the significant effects as identified in the Final Elia' and, thus, that adoption of the mitigation measures set forth below *WilI reduce these significant or potentially significant effects to less -than -significant levels. Adoptibn of the recommended miti&ion measures will effectively make the mitigation measures part oirthe project. 3.1 1,and Use 1moaSLU-1: The proposed project could result in a land use conflict with surrounding land uses. Mkigation MC&Wc -1: To reduce agricultural/residential land use incompatibilities, the fo&wing shall be required: The applicant shall inform and notify prospective buyers in writing, prior to purchase, about existing and on-going agridultural activities in the immediate area in the form of a disclosure statement. The notification/ 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 creafp noise, dust, et cetera. The language and format of such notification shall be reviewed and approved by the City Community Development Department prior to record tion of final map(s). Each disclosure statement shall be recorded at the County Recorder's Office and 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 Ordinances. b. The conditions of approval,for the tentative map(s) shall include requirements ensuring the approval of a suitable desl4n and the installation of a landscaped open space buffer area, fences, and/or walls around the perimeter of the project site affected by the potential conflicts in land use to minimize coriflicts between project residents, non-residential uses, and adjacent agricultural uses prior to occupancy of adjacent houses. Prior to recordation of the Anal map(s) for homes adjacent to existing agricultural operations, WOW: CANrPDrtb11EBMAIN04YL the applicant shall submit adetailed ice@ ng wall and fencing plan forreview and LIs1873057_1.DOC approval by the Community Development Department. uNeted: 11115/2006 ' CfQA Guidelines, Section 15091. E _._ via sus: °^si�g.hi�a...VJsat�nKr_re v.n m�=,mi r'7.., ,ut�c3:��t en«tuwo�.t sw cbQn t_w�s+.�r����'luns�wur,) Dateted: 11/1412006 LAsartod: IV 1512006 4 LSA ASZCIATZS, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS Nov BM R 5946 LODI ANNEXATION RIR d AdAJd2NWv, ft a is r t ov to • in traislessys etl " b rfiths-tni> -ridthof-1ftileet............. •--------------- ----------- ---------------- -- •------------ FWings for JMiWt LU -l: Mitigation Measure LU -1, which requires notification of potential home buyers that they would bre located adjacent to agricultural uses, and incorporation of buffers into project design, will reduce the potential incompatibilities between the residential land use areal adjacent agricultural uses. The mitigation measures presented in Mitigation Measure LU -1 are feasible and effective measures to reduce the potential land use conflicts. Pursuant to CEQA Guidelines Section 15091(a)(]), the City finds that Mitigation Measure LU -1 will be incorporated into the project via conditions of approval, and will reduce Impact LU -1 to a less -than -significant level. 3.2 Air Qttsltity Im -1: Demolition and construction period activities could generate significant dust, exhauk, and orgastic emissions. NWRation MIpigeAIR- la: Consistent with Regulation VIII, Fugitive PM19 Prohibitions of the SP.VAPCD, the following controls are required to be implemented at all construction sites and as specifications for the project. • All disturbed areas, including storage piles, which are not being actively utilized for construc- tion purposes, shall be efidctively 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 shall be effectively stabilized of dust emissions using watet or chemical stabilizer/suppressant. • All land clearing, grubbin scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. • With the demolition of buildings up to six stories in height, all exterior surfaces of the build- ing shall be wetted during Demolition. • When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the ., Formatted: Font: Bold Formatted: Indent: Left: 0.25", Tabs: 0.5", Left + Not at t" Formatted: Undedine Formatted: Font: Bold container shall be maintained. • All operations shall limit of expeditiously remove the accumulation of mud or dirt from adja- cent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where pwceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) • Following the addition of ataterials to, or the removal of materials from, the surface of out- door storage piles, said piles shall be effectively stabilized of fugitive dust emission utilizing --) sufficient water or chemical stabilizer/suppressant. 1.Doctnt�$stAlnnel{YL Lrs1873057 • Within urban areas, trackout shall be immediately removed when it extends 50 or more feet Deleted: 11/1512006 j from the site and at the end of each workday. Delated: i v1a/2006 ! Insetted: 11/1512006 ..wsa a �ssxRwi:=..�.r.A s.::e.ssxa.uasu.aucruAk'w ,.i.� xLii:Iszaw] 5 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OvERRIDINC CONSID$RATIONS NOVEMOER 2005 LOD] ANNRXATION RIR • Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. i *iti" Control Measures: Construction of the project requires the implementation of control miasums set Borth under Regulation VIII. The following additional control treasures would further reduce construction emissions and should be implemented with the project: • Limit tragic speeds on unpaved roads to 15 mph; • Install sandbags or other evasion control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent; • Install wheel washers for ail 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 goading activity when winds exceed 20 mph (regardless of wind - speed, an owner/operator Dust comply with Regulation VIII's 20 percent opacity limitation); • Limit area excavation, grading, and other construction activity at any one time; • Install baserock at entrywalys for all exiting trucks, and wash off the tires or tracks of all trucks and equipment in dosignated areas before leaving the site; and • Suspend excavation and glflding activity when winds (instantaneous gusts) exceed 20 mph. [v*gatkm MWurAIR-lb: ']fie following construction equipment mitigation measures are to be irtgolemented at construction sites to reduce construction exhaust emissions: • Use electric equipment for construction whenever possible in lieu of fossil fuel -fired equip- ment; • Properly and routinely maiptain all construction equipment, as recommended by the manu- facturer manuals, to control exhaust emissions, • Shut down equipment when not in use for extended periods of time to reduce emissions asso- ciated 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 pollutant concentrations; this may include ceasing of constriction activity during the peak -hour of vehicular traffic on adjacent roadways, and "Spare The Air Days" declared by the District. Implementation of these mitigoion measures would reduce construction period air quality irr#acts to a less -than -significant level FiWings for Imact -1: Mitigation Measure AIR -1, which requires the implementation of co6truction period dust -and c*taW-control measures, will substantially lessen the project's shut -term emissions of dust and exhaust. The short-term air quality measures listed in Mitigation Measure AIR 1 are feasible and are considered by air quality experts, including the San Joaquin Valley Air Pollution Control Mtrict, to be effective measures in reducing the short-term air quality impacts of construction projects. Pursuant to CEQA Guidelines Section 15091(a)(]), the ::_.-.is.W_�.�i.iosa:pchidarES��w:a`'iw��uum�'..iu:t�atl.!'u.=�JLi74'dilx AVltiltmcrti 1. v.W..L".CUA,k"eMivpa ��.ha..l dw-Sl.1'.i':1±P.N] De*W. C:WTPortb1lEBMAD,5FI-IYL l LIS1873057_1.DOC 1Del4W.- 11/1512006 - --� .i Deleted: 11/14/2006 Inserted: ltl15/2006 LSA ASIIOCIATES, INC. CEQA FINDINGS AND STATL6SLNT OF OVLRRIDING CONLIDLRATIONS NOVEMUR 1006 LODI ANNEXATION LIR City finds that Mitigation Meapure AIR -1 will be incorporated into the project via conditions of approval, and will reduce Impct AIR -1 to a less -than -significant level. 3.3 Noise ImpgS On-site construction activities would potentially result in short-term noise impadb on adjacent residential uses. nation M Ma* a NOW a: Construction activities would need authorization under City issu- ame of construction permits Wore any work could commence on-site. Construction activities sh011 be limited to the hours of 7:00 a.m. to 10:00 p.m. Monday through Sunday, consistent with the City's Ordinance. Iigatiarl A+hasure NOI-lb: All stationary noise generating construction equipment, such as air compressors and portable power generators, shall be located as far as practical from existing re0dences. By meeting the hours of construction timeframe and minimizing noise from stationary cnikstruction equipment, the pn0ject will not result in a substantial temporary or periodic increase in ambient noise levels. E*i9&fo. r IgWwt NQISE- 1: Mitigation Measures NOI-1 a and NOI-1 b requires the in*lernentation of rntmures to control construction noise and will substantially lessen the adverse construction -period noise of the project. These mitigations comprise noise -control actions that have been successfully 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 dev+lopment projects throughout California, and are easily monitored dllgring the actual construction period. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measure NOI-1 a and NOI-1 b will be incorporated into the project via conditions of approval, and will reduce Impact NOI-1 to a less -than -significant level. Cultuftl Resources ImpCULT-2: Ground disturbing activities at the SW Gateway project areas and Other Areas to be Aniliexed could adversely impact archaeological resources. e ULT -2: If prehistoric or historic archaeological materials are encountered d0 ing project activities, all wukk within 25 feet of the discovery shall be redirected and a quali- fied archaeologist contacted to evaluate the finds and make recommendations. It is recommended that adverse effects to such deposits 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 sholl be determined whether they qualify as historical or unique archaeological resources under C13QA). 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. Mitigation may ieclude, but is not limited to, thorough recording on Department of Patks 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 1 r.;.._..:".—_4,;"RC-N'4FAI.RGWWAII'.RnN`unaYlNanl4.t.k'ilr �)Alf»},MRklw4k.I,t,R W1 tWIA Piotli4¢x_Icri.wAJuc U Lrl749UG) Del■ted: C:1NrP0 thllEBMAINIPHYL LIS\673057 1.DQC JI DelatW: 11/15/2006 Delated: 11/14/2006 Inserted: 11115!2006 ESA ASSOCIATES. INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVENISIR 1006 LODI ANNEXATION FIR adapted prior to beginning the data recovery worse, and a report of findings shall be submitted to FCB, the City of Lodi, and the Central California Information Center (CCR Title 14(3) § 15 1 26.4(b)(3)(C)). Flim for kuMt CULT -2: Mitigation Measures CULT -2 requires construction activity, within 2STeet of a prehistoric or historic archaeological materials find, to be diverted and a qualified archaeologist to evaluate the f*ds and make recommendations. Mitigation Measure CULT -2 will emwe that the resource remaiSs intact until its significance is determined, and a plan is prepared for the protection of the resoulte, if necessary. Pursuant to CEQA Guidelines Section I S091 (a)(1), the City finds that Mitigation Measure CULT -2 will be incorporated into the project vin conditions of approval, and will reduce Impact CULT -2 to a less -than -significant level. Iniold C - • Future development projects at the Other Areas to be Annexed could adversely impact cultuml resources. Mkigatim e CML -3: ?nor to the implementation of any future discretionary project fin the Other Areas to be A�hnexed, a cultural resources field survey shall be conducted. If cukural resources are identified in the additional annexation parcels, it is recommended that such resources be documented on the appropriate DPR 523 forms and that adverse effects to such reiburces be avoided.by project activities. If impacts to cultural resources cannot be avoided, they shtill be evaluated for their elijlbility for listing in the California Register (i.e., it shall be deilermined whether they qualify as historical or unique archaeological resources under CEQA). If t1.e.resource(s) is not eligible, avoidance is not necessary. If the resource(s) is eligible, adverse Acts shall be avoided, or, if *voidance is not feasible, the adverse effects shall be mitigated. N*gation may include, but is not limited to, Historic American Buildings Survey (NABS) dosumentation for built enviroOment resources and data recovery excavation for archaeological sides. If data recovery excavatiin is appropriate, the excavation must be guided by a data recovery pion prepared and adopted prior to beginning the data recovery work, and a report of findings shWI be submitted to the pwjeo applicant, the City of Lodi, and the Central California Information Center (CCR Title 14(3) §IS126A(b)(3)(C)). F*inzs for JJaMt CLLT-3: Mitigation Measures CULT -3 requires evaluation of potential ' , c ral resources in the Others:: Areas to be Annexed prior to future implementation of any di*rctionary projects within the area. Mitigation Measure CULT -3 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)(l), the City finds that Mitigation Mtasure CULT -3 voill be incorporated into the project via conditions of approval, and wild reduce Impact CULT -3 to Bless -than -significant level. Impad CULT -4.: Ground -disturbing activities associated with the project could disturb human remahsi, including those interred o*tside of formal cemeteries. Nl gation Mgoxe CULT -4: Shuman remains are encountered, work within 25 feet of the Delated: c:LNTPortbI4$HMAII]1PHYL 1 di*overy will be redirected ata the County Coroner notified immediately. At the same time, an Delat d: NtPor _ J archaeologist will be contacted -to assess the situation. If the human remains are of Native ; 1 ulsrzao6 Atberican origin, the Coroner ttlust notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Most gated: 11114/2W6 �C,'.::.'..:�u�.NG 1Yd.:zlppp?vH!Al.f.uc�$FI�ry;6.{cry�Jl81_IIi �YllitFllG�]1X7f1Ef1i 4Wk�{q[alA �W.:1:!.71.�.YW.31314Y,AGvjIB.Q.�l�1�: (I.In1�3�T.76) IIIsenw. 11/15/2006 8 LSA AS&OCIATES, INC. NOVE"IR 1096 CEQA FINDINGS AND STATEMENT OF o✓ERRIDING CONSIDLRATIONS LODI ANNEXATION EIR Likely Descendant (MLD) to inspect the site and provide recommendations for the proper troOtment of the remains and atsaeiated grave goods. Upon completion of the assessment, the archaeologist shall prepare a report documenting the n*hods and results, and provi#e recommendations for the treatment of the human remains and any associated cultural materia, as appropriate and in coordination with the recommendations of they 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 hinhan remains to less -than -significant levels. FWin>or pact CULT -4: Mitigation Measure CULT -4, which requires the developer to re to existing law and prAssional standards regarding the treatment of human remains, will sAtantially lessen the potenutA effects of the project on human retrains, including Native Aferican remains. Implemention of Mitigation Measure CULT -4 will ensure that human rettlains are evaluated for their Cultural and archaeological importance and are protected from additional disturbance. Pursu4 to CEQA Guidelines Section 15091(axI), the City finds that Miligation Measure CULT 4 %411 be incorporated into the project via conditions of approval, and will reduce Impact CULT -4 to a. less -than -significant level. ImpgX ULT -5: Ground disturbing activities within the project area could adversely impact paleori6logieal resources. byULT-5: If ground disturbing activity is anticipated below the project area , so ` re C layer, the initial wound dislurbance below that depth in geologic units shall be monitored by a glltalifted paleontologist. Sub*quent to monitoring this initial ground disturbance, the qualified pabiontologist will make recon*nendations regarding further monitoring based on the initial firings. This can include, but is not limited to, continued monitoring, periodic reviews of ground diMbrbance below project area soil layers, or no further monitoring. Pre,field monitoring preparati" by a qualified paleontologist shall take into account specific deWls of project construction plans as well as information from available paleontological, geo4ogical, and geotechnical stljtiies. Limited subsurface investigations may be appropriate for defining areas of paleontologiall sensitivity prior to ground disturbance. If paleontological resources are encountered during project activities, all work within 25 feet of 11he discovery shall be redirel;W until the paleontological monitor has evaluated the resources, prepared a fossil locality form s#ucumenting them, and made recommendations regarding their tre*nent. If paleontological reslDurces 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 pr(*ct the resource while it is lxing evaluated. If avoidance is not feasible, adverse effects to such resources shall be mitigate#. 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). � ::. i� o.eN. S•�i::u;,m.;•:eE.�waae,l.euuv�rr'.Wv..m�.:llc:: �uK9f•kilc,xy!.��Lmaat�sw�kVn):iaAiaes..nriaaJ:Jw[IVIS�'3yM) DNltld: C:\NTPOTthM.BMAIN11iSiYL ` I1S18730571.DOC _ J Del tW: 11115/2006 DNltltl: 11/14/2006 IR rtad:11115/2006 LSA ASYOCIATRS, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVENVIt 2006 LODI ANNEXATION EIR Monitoring shall continue until, in the paleontologist's judgment, paleontological resources are no longer likely to be encountered. Upon project completion, a report shall be prepared docu- rnmiting 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 actessioned. FiSdiag for JUMt ULT -5: Mitigation Measure CULT -5, which sets protocol for the intifteation and protection of unidentified paleontological resources, will avoid the project's averse effects to paicontolog Sal resources. Requiring a qualified paleontological monitor be present during ground disturbing activities below the soil layer will ensure that adequate nl$asures are taken to protect *tidentified resources. Requiring construction to halt if p*eontological resources are t bund will allow such resources to be analyzed and protected (if nctessary) without additional disturbance. The presence of a paleontological resources monitor can be easily verified in the fiqld 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. 2.4 Geology, Soils and Seisn*lty I 1: Seismically -induced ground shaking at the project area could result in risk of loss of pro , injury, or death. NWig4o Measure GEO-1a: Each project's conditions of approval shall require the project be d4igned according to the most recent CBC and UBC Seismic Zone 3 requirements, applicable local codes, and be in accordawc with the generally accepted standard for geotechnical practice for seismic design in Northern•`Califomia. M*igation Measure GEO-lb: Prior to the approval of grading plans, the project applicant shall pafform design -level geotechnical investigations and incorporate all recommendations into the project construction documents and grading plans. F�lir for kpRwA GEO-1: Requiring the project to be designed in accordance with the applicable Utriform Building Code and all applicable local codes is feasible, and will minimize hakards associated with ground shaking within the project site. These measures are commonly unposed on development projgcts in California and are considered to minimize the effect of eafthquakes on new structures. Pursuant to CEQA Guidelines Section 15091(axl), the City finds that Mitigation Measures GEC�Ia and GEO-Ib will be incorporated into the project via conditions of approval, and will reduce Impact GEO-1 to a less -than -significant level. I � G1Q-2: The project area contains soils that are moderately corrosive to buried metal objectlt. DaleW: C:NrPortb1\EBMAIN\PHYL LIS173057_I.DOC N*gatiarr Measure GEO-2: If the project includes buried metal components, a corrosion engi- Delated: 11/15/2006 neiZr shall be retained to design corrosion protection systems appropriate for the project sites to be Deli: 11114/2006 a0roved by the Community l3evelopment Department. Inserted-. 11/15/2006 �i .,uepp,W Jusrl"N`IPW.9or uR-°'Sd-`�'.LN llii.:71A]l':IA9iw:Ymev1:#,SSV�L'rjAflvJv4:a evrse6 lvlIL15."W.41 10 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONEIDLRATIONS NOVEM*ER ZOFA LODI ANNEXATION Elk lJJ$di__„_ nae for klg act GEO-2: The incorporation of a corrosion protection system into the proposed project will help enure buried components of the proposed project are able to tolerate r4derately corrosive soils at the project sites. Pursuant to CEQA Guidelines Section 15091(a)(1), th* City finds that Mitigation Measure GEO-2 will be incorporated into the project via conditions of approval, and will reduce Irispact GEO-2 to a less -than -significant level. 1 G 3: The SW Gateway site contains undocumented fills which could potentially result in diffe tial compaction. Wggion bkasure GE0-3: Ptior to issuance of a building permit for the SW Gateway site, the p*cct applicant shall include the over -excavation and replacement of the undocumented fills in actordance with the earthwork; grading, filling and compaction recommendations of the PWi minary Geotechnical Invettigation of the Gateway Residential Development in Lodi, pre - fanned by Lowney associates, November 12, 2004. Fi din,�gjforpact G O ; The City finds that requiring the replacement of undocumented fill w4l minimize hazards associa*d with differential compaction at the project site. The implementation this measure will mitigate the potential effects on the proposed buildings and site inprovements. Pursuant to CEPA Guidelines Section 15091(axl), the City finds that Mitigation MWasures GEO-3 will be incorporated into the project via conditions of approval, and will reduce Impact GEO-3 to a less -than -significant level. 2.5 Xydroiogy and mater Qv*Hty 1: Increased runoff volume resulting from creation of new impervious surfaces could 1 poten ly exceed the capacity of downstream storm water conveyance structures, resulting in localixid ponding and flooding. Mk gation Measure LL)J?-1: iiMlementation of the following two-part mitigation measure would reduce potential impacts associated with increased peak runoff volumes to a less-than- sigpificant level: Ia: As a condition of approval, of the final grading and drainage plans for the projects, the Public Works department shall verify that the Master Utility Plan for the SW Gateway site�will aalated: s comply with the City's stoAnwater requirements. i�-- Prior to the approval of the final grading and drainage plans for the SW Gateway projectan_ d_ any subsequent development applications that may be proposed for the Other Areas to be Annexed, a hydraulic analysis shall be provided to the Public Works Department for verification that impleraenlation of the proposed drainage plans would comply with the City's _ WOW: CANrPortbFE$MA[NIPHYL LI51973057_1.DOC Deleted: ti/oaom Oei*W-.IV1412oob i Inserted: rr/r5/2ow , Weted: s storm water requirements. Fiadingi for „LUM"t HYD -1: The City finds that requiring compliance with stormwater re *irements and a hydraulic analysis of the proposed project would help to ensure that new rudoff from the site would not exceed the capacity of existing conveyance structures. The .—_ ... ... I � c"� =�maFd �.;Wr3Rvr�hl:�A.ocnE.9.Ruine.`�1.:�¢*rrw�:I..:1.as:i.k'k.::,)A$7.ftl'ifAA¢w'aawa� .511'.4'k!.AFawiwu..��.isc��L..�(I L'i!-279[) HE LSAAS yp CIArES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NO VEMINER 206: LODI ANNEXATION Elft implementation this measure vvill mitigate the potential effects of new impervious surfaces. Pwsuant to CEQA Guidelines Section 1509l(a)(1), the City finds that Mitigation Measures HYD - I will be incorporated into the project via conditions of approval, and will reduce Impact HYD -1 to a less -than -significant level. Im 2: Construction activities could result in degradation of water quality of storm water runo n d ground water quality in the Project area. Mi gation Measure HYD -2: The project proponent for each development project shall prepare a SOM Water Pollution Prevention Plan (SWPPP) designed to reduce potential impacts to surface water quality through the con*uction period of the project. The SWPPP must be maintained on- site and made available to Cityinspectors and/or RWQCB staff upon request. The SWPPP shall inviude specific and detailed lllWs designed to mitigate construction -related pollutants. At minimum, BWs shall include practices to minimize the contact of construction materials, equipment, and maintenance sapplies (e.g., fuels, lubricants, paints, solvents, adhesives) with storm water. The SWPPP shall specify properly designed centralized storage areas that keep these rr>1lderials out of the rain. An important component of the storm water quality protection effort is the knowledge of the site stgcrvisors and workers. To educate on-site personnel and maintain awareness of the importance of storm water quality protection, site supervisors shall conduct regular tailgate meetings to discuss pollution prevention. 711e frequency of the meetings and required personnel attendance lie shall be specified in the S1*PPP. The S WPPP shall specify a mapitoring program to be implemented by the construction site supervisor, which must includo both dry and wet weather inspections. In addition, in accordance with State Water Resources Cqntrol Board Resolution No. 2001-046, monitoring would be rewired during the oonstructico period for pollutants that may be present in the runoff that are "not visually detectable in nIn@ff." RWQCB and/or City personnel, who may make unannounced site inspections, are empowered to levy considerable fines if it is determined that the SWPPP has not been properly prepared and implemented. BMPs designed to reduce erosion of exposed soil may include, but are not limited to: soil sta- bilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and sediment basins. The potential for erosion is generally increased if grading is performed during the rainy season as disturbed stlil can be exposed to rainfall and storm runoff. If grading must be cobducted during the rainy season, the primary BMPs selected shall focus on erosion control; that is, keeping ndirnent on the site. End -of -pipe sediment control measures (e.g., basins and traps) shall be used only as secondary treasures. If hydroseeding is selected as the primary soil st*ilization method, then these areas shall be seeded by September i 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 cerefully 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 grading pl an. City staff may require more stringent storm water treatment _i_— 3 t::'E::v: o¢2,,pox;gµlvj:pl:Logy.iyyuivy;lctyaqu,I¢ getI i:.J4VlM.aN:'pmcal 1..3We'Lt7A Fmdml,x..rcviaad.Juc it l,:1?:ZZ9106) 12 D!1ltld: CAMP-11,11EBMA"HYL ; LIS18 11557 LDOC WeW:11115/2006 "QW: 11/1412006 Inserted: I l/] 5/2006 LSA AF;OCIATEs, INC. cEQA FITIDINGS AND STATLMYNT OF OVERRIDING CONSIDERATIONS NOVEMBER 1006 LODI ANNIXATION MIR moasures, at their discretion. IrTlcmentation of this mitigation would reduce the level of siSnificance of this impact to ti less -than -significant level. F'°digg for Impact HYD -2: Mitigation Measure HYD -2, which requires the preparation and i*lementatiun of a Storm W4ter Pollution Prevention Plan (SWPPP) with both construction and operation -period Best Managq wnt Practices (BMPs), will substantially lessen the effects of the p*ject on stormwater quality. A SWPPP is considered by the Regional Water Quality Control Huard (RWQCB) to be an effoctive way to reduce the contamination of storntwater on a project side resulting from erosion and chemical contamination on impervious surfaces. The adequacy of tht SWPPP (including associztcd BMPs) will be verified by the City prior to the initiation of ground -disturbing activities. Pkirsuant to CEQA Guidelines Section 15091(a)(]), the City finds that Mitigation Measure HYD -2 will be incorporated into the project via conditions of approval, and will reduce Impact HYD -2 to a less -than -significant level. I Dewatering may. contain contaminants and if not properly managed could be detnriintal to construction workers and the environment. NAtigation hfcasure &YD73: lkch SWPPP shall include provisions for the proper management of cdhstruction-period dewaterinS. At minimum, all dewatering shall be contained prior to discharge to allow the sediment to settle out, and filtered, if necessary to ensure that only clear water is diScharged to the storm or sanilmy sewer system, as appropriate. In areas of suspected groundwater contamination (i.e., underlain by fill or near sites when chemical releases are known or suspected to have occurred groundwater shall be analyzed by a State -certified laboratory for the suspected pollutants prior tit► discharge. Based on the results of the analytical testing, the pro- jea proponent shall acquire the appropriate permit(s) from the RWQCB prior to the release of any dewatering discharge into the storm drainage system. Selttion IV.I, Hazards and Hazordous Materials, of this EIR, includes adiscussion of the R Mediation Action Plan (RAP) and Health and Safety Plan (HSP) for the site. Impletnentation ofMitigation Measure HAZ-4=, HAZ-4B, HAZ-4c, HAZ-4d, and HAZ-4e would ensure the sa*ty of construction workers from hazardous concentrations of contaminants from soil and groundwater. Proper implementation of the Litigation measure described above would reduce this impact to a lewthan-significant level. Fina f I=act h%tigation Measure HYD -3 requires that the Storm Water Pollution Ptgventitm Pt2n (SVIPPP) inci*de provisions for the proper management of construction -period dewatering. The adequacy of the SWPPP dewatering provisions will be verified by the City prior to tyre initiation of ground-distWbing activities. Pursuant to CEQA Guidelines Section 15091(ax l ), the City finds that Mitigation Measure HYD -3 will be incorporated into the project via conditions of approval, and will reduce Impact HYD -3 to a less -than -significant level. I -_ _. - i a5:slSxrcg ryaM'lPopl�,gj�x':IuaV..geilnRiv¢I karJ;,E2f,(:1}IAlfw:l�e11 bW..4k?1.M1Hodm„ ievixY,tlyc (I F.'I.`21 13 Dellhed: C: VQrPortbMBMA1N1P1HYL LIS1873057 1.Doc E Dekftd:11/15/2006 Dal.ted: 11/14/2006 L19eltad: 111 1512006 L9 AS;OC lA TE S. INC. NOV EM1E li 3606 2.6 biological Resources CEQA FINDINGS AND STATEMENT OF OVEE.RIOING CONEIDEEASION6 LODI ANNEXATION EIK InwiSOMI: Implementation of the project could impact western burrowing owl if this species occu ` the SW Gateway project Mite or Other Areas to be Annexed site prior to the start of construc- tion. Mbigation Measure O-1: InTlementation of these measures will reduce impacts to western b wing owl to a less than significant level. Prior to approval of gradin; plans, the project proponent shall pay the appropriate fees to SJCOG, in accordance with the SJMSCP conservation strategy, for conversion of undeveloped lands. A: No more than 30 days prior to any ground disturbing activities, a qualified biologist shall conduct surveys for burrovring owls. If ground disturbing activities are delayed or suspended for more than 30 days after the initial preconstruction surveys, the site shall be resurveyed. All surveys shall be conducted in accordance with CDFG'-, Staff Report on Burrowing Owls (CDFG, 1995). -Le. If the preconstruction surveys identify burrowing owls on the site during the non -breeding sewn (September 1 through January 31) burrowing owls occupying the project site shall be evicted from the project sit* by passive relocation as described in the CDFG's Staff Report on Burrowing Owls (CDFG, 1995). Id: If the preconstruction survoys identify burrowing owls on the site during the breeding season (February 1 through August 31) occupied burrows shall not be disturbed and shall be provided with a 75 meter (2.50 -foot) protective buffer until and unless the SJMSCP Technical Advisory Committee (TAC), with the concurrence of CDFG representatives on the TAC; or unless a qualified biologist ipproved by CDFG verifies through non-invasive means that either: 1) the birds have notbegun 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 burrow(s) can he destroyed. Ejn for JnMwa BIO -1 the City finds that conducting surveys for the western burrowing owl, and kering to the protocol set forth in Mitigation Measures B10 -la, BIO -lb, BIO -lc, and BIO-ld is feasible and A adequately protect the species should it occur within the project site- Pursuant to CEQA Guidedines Section 15091(a)(1), the City finds that Mitigation Measures W -1a, BIO -lb, B10 -1c, andBIO-ld will be incorporated into the project via conditions of approval, and will reduce Impact BIO -1 to a less -than -significant level. ImpacNBLU:Implementation ofthe project could impact nesting Swainson hawk or other nesting raptoi94 these species are present m the SW Gateway site or Other Areas to be Annexed site prior to the start of construction. Wee W: C;WrPatbL1EBMAR+1wYL,__� MAgattivn MeasuCgB10-2: Implementation of these measures will reduce impacts to nesting LIs1873057_1.DOc 9 SvAunson's hawk and other neAng raptors to a less -than -significant level. Dsletisd: 11/15/2006 .� a DdsW: n114/2o06 bmaoted: 11/15/2006 ! -1w. .o�sp.S,.,i, riWbk:.H.?rmivaxtiA:aua�m5:.ln!.cxm.� i1r+liN!::ti113!xNn:Lment-w.I;.�Unt:imwx,.inis,d.;4xut:i�aMw) 14 LSA ASiACIATES, INC. CRQA FINDINGS AND STATEMENT OF ovERRIDING co NSIDRRATIONS NOVEMLRA 3006 LODI ANNEXATION RIR 2Z Prior to approval of grad. plans, the project proponent shall pay the appropriate fees to SJCOG, in accordance witllt the SJMSCP conservation strategy, for conversion of undeveloped lands. 26: Removal of suitable nest gees shall be completed during the non -nesting season (when the nests are unoccupied), bet*een September 1 and February 15. 2: If suitable nest trees will be retained and ground disturbing activities will commence during the nesting season (Februaty 16 through August 31), all suitable nest trees on the site will be surveyed by a qualified bidiogist prior to initiating construction -related activities. Surveys will be conducted no more -than 14 days prior to the start of work. If an active nest is discovered, a 100 -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. In some instances, CDFG may approve decreasing the specified buffers with implementation of other avoidance and minimization measures (e.g., having a qualified biologist on-site during construction activitiles during the nesting season to monitor nesting activity). If no nesting is discovered, construction can begin as planned. Construction beginning during the non -nesting season and cotltinuing into the nesting season shall not be subject to these measures. 2?L if future development of the Other Areas to be Annexed will result in the removal of suitable nest trees for Swainson's hawk or other raptors, Mitigation Measures 1310-3a through BIO -3c shall be implemented. F*inpfor IWpKt 6I0-2: The City finds that surveying for nesting Swainson hawk or other n*ng raptors, and adhering to the protocol set forth in Mitigation Measures BIO -2a, SIO -2b, BID -2c, and B10 -2d is feasible and will adequately protect the these species may occur within the pr*ct site. Pursuant to CEQA Guidelines Section 15091(ax I), the City finds that Mitigation Moesures BIO -2a, BIO -2b, 13I10 -2c, and 13I0 -2d will be incorporated into the project via codditions of approval, and wit reduce Impact BIO -2 to a less -than -significant level. Imo: The project will irapact one area of veinal marsh (seasonal wetland). hWgga Measure BIO -3: In-qlementation of the following mitigation measures will reduce ir*cts to wetlands (i.e., vernal marsh) to less -than -significant levels. 33a: Wetlands permanently impacted during construction (approximately 0.02 acres) shall be mitigated through preservation, creation and/or restoration of the impacted resources at a minimum ratio of 1:1. If pPtmits are required by ACOS and/or RWQCB, specific mitigation requirements, if different Aw described above, shall also become a condition(s) of project approval. deleted: C:WrPo»bl1&BMAINSpHYL l LIS1873057 1.DOC 3b: Prior to approval of gradin plans, the applicant shall obtain any regulatory permits required from the ACOS and/or RV#QCB. [stated: 11/15/2006 Detated: 11/14/2006 inSWted: 11115/2006 S;'I:...!6.AlIA.k::11APb'palliM1.SAWeI'Y:1�S�fA]Je oniktk_.i�yK3Sl1RRlMc'imkmll�hK'CLQA I'W1we.Y :!i4N1.iL.!f G.If:A'i.76b) 15 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OP OvERRIDING CONSIDERATIONS NOVEMAER 1006 LODI ANNEXATION LIR S. Prior to development of the Other Areas to be Annexed, a formal delineation shall be conducted in accordance with the 1987 Corps of Engineers Wetland Delineation Manual (Routine Method). If wethinds or other jurisdictional waters are identified on the site and will be affected by developmeit, Mitigation Measures BIO-3a and BIO-3b shall be implementer]. Ftdinp for InVet$IO-3: 'isle City finds that preservation, creation, or restoration of wetlands polmanenntly impacted during Construction, as well as obtaining all necessary regulatory permits, is feasible and will reduce im;*cts to wetlands within the project site to a less-than-significant level. These measures are conSidered adequate means of mitigation. Pursuant to CEQA Guidelines Section 15091(a)(t), the City finds that Mitigation Measure 13I0-3 will be incorporated into the project via conditions of approval, and will reduce Impact BIO-3 to a less- than-significant level. 2.7 Hazards and Hazardous Materials Improper use, storage, or disposal of hazardous materials during construction acti ' es could result in releases witting construction workers, the public, and the environment. I1; agion Measure HAZ-1: P>leparation and implementation of the required SWPPP (see Miti- g on Measi tes HYD-2 and 14YD-3) would reduce the potential impacts of hazardous materials releases during construction to a less-than-significant level. No additional mitigation is required. FWjna for Impact VAZ-l: A SWPPP is considered to minimize environmental effects a*ciated with the leakage or pill of hazardous materials used during the construction period. TU City funds that a SWPPP it a feasible mitigation measure and will reduce risks associated will the use of hazardous materials during the construction period to a less-than-significant level. PttF!"suavt to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measure HAZ-1 wfll be incorporated into the project via conditions of approval, and will reduce Impact HAZ-1 to a less-than-significant level. The pesticide storage buildings at APN 058-030-04 contained pesticide stained asphaland concrete floors. Nikization MalWe FiA.Z-2: As a condition of approval for grading plans for SW Gateway p*ct site, the applicant shall be required to test the soils beneath the stained asphalt floor of the older storage building and complete any clean-up necessary to remediate any identified contamination to an acceptable level. Fiadi� nes for impact HAZ-2: Testing of soils under a stained asphalt floor, in addition to retlrediation of contalttination to an acceptable level, reduces the impact associated with potential sod contamination. The City fl*ds this a feasible mitigation measure and will reduce risks associated with potential soil contamination. Pursuant to CEQA Guidelines Section 15091(a)(]), the City finds that Mitigation Measure HAZ-2 will be incorporated into the project via conditions of approval, and will reduce impact HAZ-2 to a less-than-significant level. grated: Q\NTPorthMBNI[A�8HY1. LIS1873057_I.DOC --- mo 1&,HAZr3: Future development of any portion of the Other Areas to be Annexed site could be Deleted: 11/15/2006 associsied with hazards. y Delated: 11/14/2006 INStxted. 11115/2006 u.nd.4i.va.o'al{PrN.Saainert,I"s=a.!nIPx.S9!sI.NaLFil.;JWcI:SEI:'iW:bAlRar1&WC'I:uA.YOMioKs.,[GvueQ.d.w C1.1.:15-.1 16 LSA AS&OCI ATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS Imo VEK11XR 1006 LODI ANNEXATION EIR NUtigation sMre HAZ-3: Prior to the approval of any specific development projects on the Clier Areas to be Annexed, ft project applicant shall provide the City with an environmental investigation, as necessary, to Insure that soils, groundwater, and buildings affected by hazardous TT*erial releases from prior label uses, and lead and asbestos potentially present in building materials, would not have potchtial to affect the environment or health and safety of future property owners or users. FWiM for JMpgct„j;IAZ-3-3: Additional environmental investigation associated with specific de*cloprnent projects on the Cater Areas to be Annexed would identify potential hazardous milterials as well as remediatiab actions. The City finds this a feasible mitigation measure and will reduce risks associated with potential soil or water contamination. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measure HAZ-3 will be ingorporated into the project vis conditions of approval, and will reduce Impact HAZ-3 to a less- thei-significant level. Implementation of the SW Gateway project could expose construction workers and/or a public to hazardous materials from contaminants in soils during and following construction activities. Miogation NUasurc HAZ-4: Implementation of the following five-part mitigation measure would reduce these risks to less -than -significant levels. Prior to the issuance of any demolition or building permits for the project site, a Risk Man- agement Plan (RMP) shall be prepared for the project site. At a minimum, the RMP shall establish soil mitigation anid control specifications for grading and construction activities at the site, including health ai1d safety provisions for monitoring exposure to construction workers, procedures to be ondertaken in the event that previously unreported contamination is discovered, and emergency procedures and responsible personnel. The RMP shall also include procedures for mafaging soils removed from the site to ensure that any excavated soils with contaminants are stored, managed, and disposed of in accordance with applicable regulations and permits. '[* RMP shall also include an Operations and Maintenance Plan component, to ensure that health and safety measures required for future construction and maintenance at the project site shall be enforced in perpetuity. The RMP shall include the following Mitigation Measures. 44b: Prior the approval of a building permit, soil sampling and boring shall be done in the historic circular depression area in the western portion of APN 058-040-02 in order to determine the quality of the fill and to determine if hazardous materials are present below the surface. If the soils investigation determines that hazardous materials are present, they shall be removed and disposed of in accordance with applicable regulations. 4q: The soil samples collected from the equipment storage areas (and near the pesticide dis- pensers) were analyzed for Total Recoverable Petroleum Hydrocarbons (TRPH). Oil and grease were detected at elevated concentrations in both samples collected from the equipment storage areas; 12,000 ppm of oil and grease were detected near the 55 -gallon waste oil drums cast of the equipment storage buildings on APN 058-030-04 and at 38,000 ppm of oil and grease were detected near the waste oil drums in the southern portion of APN 058-030-04. .......::u wN �.��:n5.ei1.4tWi:AntGd.&raava!Iu�iv,�fcr ��mrneltn.:,a�7�1RAWrbmteL,.d1V'i'EVnimafol'6..evileAn4,: U.ErI.5.:i4RSl 17 Dieted: 01N PortbftRBMA1WHYL L 873057 LDDC Deleted: 11/15/2 Deleted: 1 1/14120 06 InSerted: 11/15/2006 LNA ASSOCIATE S. INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOV E A"ER 2006 LODI ANNEXATION SIR Both concentrations detected are above the CVRWQCB threshold concentrations based on protection of ground water quality. The stained area is approximately 10 feet in diameter. Prior to the approval of that building permit, oil and grease stained soil in this area shall be removed and disposed in 4ccordance with the recommendations of the Phase IIII. 444: Six areas of APN 058030.04 contain old equipment and various piles of debris and garbage, which can potentially leave lead based paint and other hazardous materials residue in the soils beneath the piles. No obvipus soil staining was noticed beneath the piles of debris and garbage; however, soil betllesth the piles could potentially contain lead based paint and other hazardous materials. As a bondition of approval for a demolition permit for the buildings located on APN 058-030-041 the trash and debris shall be removed. Soils beneath the debris piles shall be tested for leait based paint residues and other possible hazardous materials. If it is determined that lead bared paint or other hazardous materials are present in the soils beneath the piles, these soils shall be removed by a qualified lead abatement contractor and disposed of in accordance with existing hazardous waste regulations. 4V The truck scale observed on the eastside of APN 058-030-04 could have soils contaminated with hydraulic fluid, which may contain PCBs. Truck scales often used hydraulic fluid, which can contain PCBs, which aim be released during spills and leaks. As a condition of approval for grading plans permit ftr the SW Gateway site, the soils shall be observed when the scales are removed to determine If there are indications of leakage. If it is determined that leakage has occurred, soils samples shall be collected for laboratory analysis. If it is determined that the soils are contaminated at levels beyond established threshold levels, the contaminated soils shall be removed in alcordance with all applicable regulations. F*jna for JUMW HAZ-4: A RMP is considered to minimize environmental effects associated the leakage or spill of ha2*rdous materials used during the construction period. The City fids that a RMP, as well as this specified actions listed in Mitigation Measures HAZ-4a, HAZ- 4b, HAZ-4c, HAZ-4d, and H4 -4e are feasible mitigation measures that will reduce risks as%bciated with the use of hazardous materials during the construction period to a less-than- sisOificant level. Pursuant to 4QA Guidelines Section 15091(a)(1), the County finds that MKigation Measures HAZ4a, HAZ-4b, HAZ-4c, HAZ-Id, and HAZ-4e will be incorporated into tht project via conditions of approval, and will reduce Impact HAZ-4 to a less -than -significant level. I Many of the parcels within the project area contain hazardous materials that may be harmfM to the public and the environment. e - : Pdor to approval of any demolition or construction permits, ASTs, peilticides, waste oil, equipment maintenance chemicals, discarded trash and debris shall be removed from the individual pl4oject site and disposed in accordance with applicable regulations. Fi... ings for JWMt HAZ-5: The City finds removal of hazardous materials in accordance with aicable regulations as a feasible mitigation measure and will reduce risks associated the l � ° C:WrPorsbt+> Bt�unv+PHYL s � g I.ISI873057 i.rJOC hasardous materials that may be on the project sites. Pursuant to CEQ,t Guidelines Section '�am _ 15091(a)(1), the City finds that Mitigation Measure HAZ-5 will be incorporated into the project oelaad: 1111512006 via conditions of approval, and will reduce Impact HAZ-5 to a less -than -significant level. tleteRed: 1111412W6 Inserted: 11/15/2006 ...,... :-,iu Md.srr,:alsvtbl':.«N.F.c wc.l:orx,+nen'AucxiEi..r.K?.f.'J:I.u_j!Wmat;a.6.W.L'ii4nimnu6:..nvirrJ.:Wc U..:'I.:.:'3.POF7 18 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVERMER 2OB6 LODI ANNEXATION EIR Imid HAM. The septic tanks and wells on the SW Gateway sites could potentially create a signifikant hazard to the public or she environment. Atigatices e HAZ-6: Prior to approval of any grading plans or construction permits for e individual project, the wehs and septic system shall be properly abandoned in accordance wkh applicable regulations. FWing for bMt HAZ-6: 'Me City finds removal of septic tanks and wells in accordance with amicable regulations as a fea#ble mitigation measurt and will reduce risks associated with septic system and wells. Purstsant to CEQA Guidelines Section 15091(a)(1), the City finds that Nfitigation Measure HAZ-6 wil be incorporated into the project via conditions of approval, and will reduce Impact HAZ-6 to a less -than -significant level. lnwft1JA&_7: The reported presence of a possible underground storage tank (UST) within the SW Gatevty site could potentially impact construction workers and the environment. N 'gation Measure HAZ-7: Phor to approval of any demolition or construction permits for the pr*ect site, a geophysical surety shall be performed locate the possible UST. Drilling and soil salbpling shall be conducted tadeterrrunc if this UST may have contained petroleum hydrocar- bos s that may have leaked and -affected soil and ground water. Should the sampling indicate a reuse from the tank has occuavd, additional investigation and remediation may be required by San Joaquin County EHD priot to case closure. If the UST is present, it shall be removed and backfilled with engineered fill prior to site development. F 1w for Imnact HAZ-7: The City finds further investigation in reports of a UST, testing for the contents of the UST, and removal of the potential UST would reduce the potential impact asmciated with this hazard to aless-than-significant level. Pursuant to CEQA Guidelines Section 15491(a)(1), the City finds that.. Mitigation Measure HAZ-7 will be incorporated into the project via conditions of approval, and'will reduce Impact HAZ-7 to a less -than -significant level. : Demolition of buildings containing lead-based paint and asbestos -containing buildi materials and the removal of asbestos containing irrigation pipes could release airborne lead and askistos particles, which may affect construction workers and the public. M&aation h+Ieasure I3AZ-8: lr*cmentation of the following two-part mitigation measure would reslfrscc this impact to a less -that -significant level. 8a: As a condition of approval for a demolition permit for the project site buildings, an asbestos and lead-based paint survey shall be performed. If asbestos -containing materials are determined to be present, the materials shall be abated by a certified asbestos abatement contractor in accordance wgh the regulations and notification requirements of the San Joaquin Valley Air QualityControl District. If lead-based paints are identified, then federal and State construction wor%er health and safetyregulations shall be followed during\8730f DWgW5 _1.DG ribtlBBMAIN PHYL � LIS1873D57_I.DOC renovation or demolition activities. If loose or peeling lead-based paint are identified, they shall be removed by a qualiitied lead abatement contractor and disposed of in accordance with Del~ eW: s 1114/2006 existing hazardous waste regulations. :�et�ed: trrrar2ao6 i Insartad:11r1512OO6 I C:�q. und,4.:n?ei:ziahtid.wrA.Seuw T:w..n[r..fwaxm.ekdrt:1.S,7.Vilr nitMLm.m.#,.AW.ClVnt hnex.rn3xud_lmgs.s7aw.1 19 LSA AS.RpcfATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS Nov En636R =ueb LODI ANNEXATION RIR 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 be present, the materials sl$ ll be abated by a certified asbestos abatement contractor in accordance with the regulmions and notification requirements of the San Joaquin Valley Air Quality Control District. F' ing for Inwact UM -8: Atigation Measures HAZ-8a and HAZ-8b require the investigation aid abatement of asbestos andlead within the project sites prior to demolition and will stilbstantiaily lessen the health iisks resulting from the presence of these substances. After any necessary abatement, these mailerials will not pose a health threat to construction workers or fullare employees or customers of the project site. Pursuant to CEQA Guidelines Section 1 *91(aX 1), the City finds that Mitigation Measures HAZ-8a and HAZ-8b will be incorporated inb the project via conditions df approval, and will reduce Impact HAZ-8 to a less-than- siViificant level. 2.8 Visual Resources Im The proposed proj4ct would create a new source of light and glare affecting day and nighttine views. Nbfigation Mgasure VIS -2: Outdoor lighting shall be designed to minimize glare and spillover to suiounding properties. The proposed project shall incorporate non -mirrored glass to minimize daylight glare. F' ingi fQ1 Imnael V15-2: The City finds that designing outdoor lighting to minimize glare and s Lover light and requiring no -mirrored glass in construction of the housing is a feasible milligation measure and will reduce impacts associated with light and glare to a less -than - s . i0laificant level. Pursuant to CL7QA Guidelines Section 15091(axI), the City finds that N igation Measure VIS -2 wilt be incorporated into the project via conditions of approval, and will reduce InWact VIS -2 to a less -than -significant level. SECTION 4: SIGNIFICANT EFFECTS THAT MAY NOT BE MITIGATED TO A LESS -THAN -SIGNIFICANT LEVEL The Daft EIR and Response to Copnents document identify several impacts that cannot be mitig*d to a lewthan-significant bevel even though the City finds that all feasible mitigation rneascs have been identified and adopted as part of the project. The significant unavoidable impacts are dinussed below. 4.1 Land use 1 The proposed projects would result m the conversion of approximately 280 (241 Deleted:) ,cfes South'"est Gateway and 39 Other Annexed ATe4 ac es of Prime Farmland to non-agricultural uses. . Deleted: CANrPDItbTEHMA1NTHYL L1S1873057 LDDC MitigatiM MeasWZ LU -2: Prior to issuance of a building permit after the first quarter Delelted:11/15/2006 - of the building permits for the SW Gateway pEQjg Lhave been approved, or the --- --- aMoval-gf ayarcf or tentative map that would result in the conversion of prime Deleted: 1111412006 Inserted: 11/15/2W6 I C:e-ca::n,cuuwb c,¢ne+ha,pF—dS,ain0.i4.lo.uhene'x.In.xzml.kA..:.}Sx.1.l:dillt la«'Arora..\,dW.Ci.QAFmdiare...cviosl Ja(F 1:15'E�51 20 IZoeycnf rr*uawavaTs�saa.awvaifza.R�r ,r..ys,sn xa;w,a.�.,,,,.,.; 90oZ151111 IpaMUZ 90OZ/Vi/i I .1polaft 90oZ61111 Maxim pa I 1 p p y J. 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N pLaqj suotleiaptsuoo 8utpuumo agtaads uo paseq algidaaoe si jaudgjt spp Ivig pautuuajap seq WD aip `suoileaapisuoa Sur puaano;o juatumiS aip ui paquasap sq `apoD sao.mosaal oilgnd acg Jo (£)(e)160I Z uotlwS of juetismd `ianamolJ •algeptonttun pue ►ueo uSts utuutal pinomn joedutt aqj `pamosaid Suiaq puepuue3 iayo ut jlnsaa pinom somseain uotp jiui aqj alttlM •pwlLumj au#jd ;o swae 08Z Alawmlxoxids jaanuoo pinom loofotd posodoid aqj :Z- j jcg glalpOl 49 aq alp v&04* 9f OUFMJG�op fpm Af!D GV -jsa�t pool -io 'IstuJ, pue'I AalleA Ie4=3 aqj q m uoPejlnsuoa to Im Jo /O!D aip Aq ajupdaidde paupwajap se uoilpool u ut asn pur4ino► ide sm se "*A it aajatd of (juatuasea ue utyjtm .to pajaajoid jou 4l)u2iuta xa j . d aq; 251 WN 6 as Pue1M3 aloud JO salau l ir ;o s ,(lajetutxojdde I � 13o . u. je a A3!juopI (1) :sa.tnseaiu uope8pfu SutmolW3 agj,lro auo JoJ (ItaunaD 14!D atp Aq panordds aq ol) upld 8ulmmmj pus *sNd u mtmapun pue aptnold Reqs lavildde aip pax n—V aq of smrV vitpo u!tplm HII NOIZYRINNY 1Qo7 9002NI/II[21AON SNOILVIIIUISNOO ONIOINNIAO AO ZNIWILVIS (INV S9NIONIA VbRO 'JNI 'S IIYI JOISY Y87 LSaARyOCIATES. INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CaNSIDERATIONs NOL'&]HER I•Bf LODI ANNEXATION EIR Im1}S TRAINS -1: Implementation of the proposed project would significantly impact the level of serviat at 15 intersections under the Existing with Project scenario. Mitmabon�MeasM TRANS -1: Each of the following mitigation measures shall be implemented to reduce the project's impact on the identified 15 intersections: la: Mitigation Measure AIR -2 identifies measures recommended by the VV,4PCD's "Guide for Assessi* and Mitigating Air Quality Impacts to reduce vehicle trips and associated air quality impacts. Implementation of the same measures would also reduce associated traffic inVacts. The following are considered to be feasible and effective in further reducing velti'icle trip generation and resulting emissions from the project and shall be implemented to the extent feasible and desired by the City: • Provide pedestrian enhancing infrastructure that includes: sidewalks and pedestrian paths, direct pedestrian connections, street trees to shade sidewalks, pedestrian safety designs/irfirastructure, street furniture and artwork, street lighting and or pedestrian signafzation and signage. • Provide bicycle Nthancing infrastructure that includes: bikeways/paths connecting to a bikeway system, secure bicycle parking. • Provide transit ephancing infrastructure that includes: transit shelters, benches, etc., street lighting, route signs and displays, and/or bus turnouts/bulbs. • Provide park and ride lots. The implementation of an aggressive trip reduction program with the appropriate incentives for non-aW travel can reduce project impacts by approximately 10 to 15 percent. Such a redubtion would help minimize the project's impact. 1,1z: The implementapon of each of the improvements listed in Table IV.B-6 would reduce the impacts tO the identified 15 intersections to a less -than -significant level. To mitigate these impa¢s, the project applicant shall prepare a Traffic Mitigation Implementation and Financing Plan that details each of the physical improvements and the timing and geomktric changes listed in Table IV.B-6 for both the Existing + Project and Cumulative sceroxios (cumulative to address Impact TRANS -2), who will be responsible for impl*nenting the improvement, the applicant's fair share contribution towards the improvetXrent, how the improvement will be funded including a reimbursement progw where appropriate; and the schedule or trigger for initiating and completing cons�ruction prior to the intersection operation degrading to an unacceptable level. 'i°t►e Plan may include an annual monitoring program of the intersections as a m4hod for determining the schedule for implementing each improvement. The Plpn shall take into account whether an improvement is already prograrnrned and/or funded in a City or County program (i.e., Lodi Development Impact Mitigation Fete Program, San Joaquin County Regional Transportation Impact Fee, Measure K (existing or renewal program), and San Joaquin Council of Data7305ted C:�i9r4artbllE$MASNIYHYL, Governments Regiotlal Transportation Improvement Program). If an improvement is 1i.noc � ._ included in one or more of these programs, the Plan needs to consider whether the Dele d:�t11/15/20D6srzoo6 � programs schedule for the improvement will meet the needs of the project and if not Deleted: 1111ar2oa6 . Insetted, 11/15/2006 L:, 5. YN Ij lay._ If€€<:::.GE3.f'J:liS dYlac'1un`R s :W...U{2TFioeians mis.W. .son: U.UI.`�3oW} 22 LSA ASDGCiASES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMIfER 1006 LODI ANNEXATION E[R identify alternatives. The Plan shall be submitted to City staff for review and City Council approval prier to submittal of aDevelgRmeat Plan application. lrvplementation of Measure TRANS -la and 'TRANS -1b, would mitigate the project's impact on existing conditions to a less -that -significant level. However, the City may decide to not in#lcment select improvements in order to avoid trending towards a community that is too or ontated to the automobile, which would conflict with some of the General Plan policies that en*hasize pedestrian scale. Additionally some of the improvements identified are short-term sohitions that the City may not hoose to implement if a more significant long-term improvement is tieing planned (i.e., reconstniction of the Kettleman LaneiSR 99 interchange). As a result, the pr*ct's impact at some intersllctions may be significant and unavoidable if the City chooses not to implement the recommended mitigation measure. Findinp for tIRANS-1; The proposed project would significantly impact 15 in eations. While the mitigation measures are available to reduce potential impacts to a less- thaa-significant level, the City "y decide to not implement measures so as to not conflict with soW policies of the General Pilon, thus resulting in a significant impact, However, pursuant to Section 2109l(a)(3) of the Pubkc Resources Code, as described in the Statement of Overriding Cogsiderations, the City has determined that this impact is acceptable based on specific ove riding considerations found herein in Section 8 below. implImplementation of the proposed project would significantly impact the LOS at 19 inters ons under the 2030 Cumulative scenario. Mj' a M ure -2,. Implementation of Measure TRANS -la and TRANS -lb, would mute the project's contributifan to Cumulative condition to a less -than -significant level at the 19 intersections that would be significantly impacted in the 2030 Cumulative condition. For the intersections that could be mitigated to a less -than significant level, the City may decide to not in ement select improvernentd 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 en*asize pedestrian scale. Adf itionally some of the improvements identified are short-term sobtions that the City may not Choose to implement if a more significant long-term improvement is Wing planned (i.e., reconstrubtion of the Kettleman Lane/SR 99 interchange). FinknU for Impact MMS -2: The proposed project would significantly impact 19 intersections in &e cumulative scenario. While the mitigation measures are available to reduce potential impacts to a leas -than -significant level, the City may decided to not implement measures so as to not conflict with some policies identified in the General Plan. However, pursuant to Section 21091(aX3) of the Public Resoorces Code, as described in the Statement of Overriding Comsiderations, the City has de*rmined that this impact is acceptable based on specific overriding considerations found`herein in Section 8 below. _ - DO SW: T..Uti a SubdwkioaM, Foritlaited: font: sold, llnderrrle 4.3 Asir Qua Uty WOW: C;W PD11b11EBMA1N1PflYL LISW30571.DOC - 5 1 Nlh g�d t l t ProjJec-reaeregional emissions would exceed the SJVAPCD thresholds of don -� Efd: 11f1512006 signifi ce #1r ozone precursors. WSW: 11114/2006 1rA* ted: t 1I1512oo6 P- 23 LSA AYEOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CON91DERATIONS NOVEWBER 7006 LODI ANNEXATTON EIR Istin Measure AIR -2: The SJVAPCD's "Guide for Assessing and Mitigating Air Quality Iititpacts " identifies potential Mitigation measures for various types of projects. The Guide identifies a number of measuMs to further reducing vehicle trip generation and resulting missions. The following mc*ures shall be implemented to the extent feasible (it is noted that r*my of these features are already incorporated into the project). • Provide pedestrian enh*icing infrastructure that includes: sidewalks and pedestrian paths, direct pedestrian connections, street trees to shade sidewalks, pedestrian safety designs/infraslructure, 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 anddisplays, and/or bus turnouts/bulbs. • Provide park and ride lots. The plans for each phase ofthe proposed project shall implement these measures to the extent feasible and appropriate. This 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 signi$cance thresholds. There is no mitigation available with currently feasible technology to reduet the project's regional air quality impact by an additional 50 percent to a less -titan -significant level. Therefore, the project's regional air quality impacts would remain significant and unavoidable. F.ift i g for ImMt AIR -2: Itriplementation of trip reduction measures, such as providing transit f4 lities, sidewalks, and bicyoJe enhancing infrastructure, would reduce vehicle emissions by approximately 10 to 15 percerlt. However, this reduction would not be sufficient to reduce ozone precursors to below the signif*ance threshold. Only substantially restricting private vehicle use in and around Lodi would red`ce this impact to a less -than -significant level. However, such dwonian measures are not sotsially or politically feasible. There are no other feasible measures tbat would reduce vehicle emissions from the project to below the SNAPCD threshold. Pursuant to Section 21081(a)(3) of the Il ublic Resources Code, as described in the Statement of Overriding Considerations, the City has d#terrnined that this impact is acceptable based on the specific overriding considerations found in Section 8 below. 4.4 Noise As is #owd in the Final EIR, the City has the capacity to reduce to a less -than -significant level the irnpa0ed intersections in the project -related and cumulative conditions. However, as is noted in the EIR, lice City may decide not to itiplement the identified improvement in order to further other City GenetW Plan goals. As such, the pkential transportation impacts is less -than -significant, but would be significant and unavoidable if the City decides not to implement selected improvements. I=W N - : Local traffic would generate long-term noise levels exceeding Normally Acceptable and Cnditionally Acceptable noise levels on the project site. .:,::eouiaf ;WMnu zNN A.anu.S.wwu±;=u. rinwluz F":�.�QLKZ�'�;1RAnwhmkvrA&:YC.[4A kings, miw;.:{us ll k�1��70uF) 24 C:1NrP0HhAEBMAINTHYLMDokftd: /873457 1,I)OC 5olatad:11/1512006 ' D416t6 :1111412006 - inOWted: 1 U 1512006 LSA AS CIAFE S. INC. NOVEM R 3906 CEQA FINDINGS AND SIATEMENT OF OVERRIDING CONSIDERATIONS LODI ANNEXATION EIR Mitijaabon Measure NOI-2a: A 6 -foot -high sound wall shall be constructed along the rear prop - e4 line of all lots adjacent to Kettleman Lane, Lower Sacramento Road and Harney Lane. Mabgahon Measure NOI-2b: Mechanical ventilation (such as air conditioning) shall be installed in -die proposed residential unit; adjacent to Kettleman Lane, Lower Sacramento Road and Har- ney Lane so that the windows can remain closed for prolonged periods of time. l teat= Mcasure N01 -2c: Windows with a minimum STC rating of STC -32 shall be installed in 611 units directly exposed to Kettleman Lane, Lower Sacramento Road and Harney Lane. Ivy' gWm Mjasure NOI-2d: A sound barrier with a minimum height of 5 feet is recommended for all upper floor outdoor use areas directly adjacent to Kettleman Lane, Lower Sacramento Road and Harney Lane. 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. Fboingg for UUMt NOl-2: Local traffic would generate long-term noise levels exceeding Narmally Acceptable and Conjttionally Acceptable noise levels on the project site. While the mitigation measures are availa$le to reduce potential impacts to a less -than -significant level, the City may decide to not implement treasures so as to created walled communities, thus resulting in a significant irnpact. However,, pursuant to Section 21091(a)(3) of the Public Resources Code, as described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable based on specific overriding considerations found herein in Section 8 below. 4.5 Visual Resources IMpV1&1: The proposed pro*t would degrade the existing visual character. Migalion Mcasurc VIS -1: No mitigation is available to reduce this significant and unavoidable in*act. F$ ddii gj foritr ct Y1S-1: The proposed project would result in the conversion of farmland, w*ch would degrade the exist*ig visual character; there are no mitigation measures available to reAuce this impact to a less-thm-significant level. However, pursuant 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 hetein in Section 8 below. 4.6 Growth Inducement ImPAS G i W'X-1: Potential gwwth-inducing impacts associated with the project's ability to Deleted: C.wlportbMBMATpxvl. facili i' development to the west if the City decides it wants to grow west. Lts\873057_1.o04C _ Mgaslge ROW 1: No mitigation was identified to reduce this potentially Delated: a/15t20o6 significant and unavoidable impact. Delated: 11/14r20o6 Inserted: 11/1512006 ..:ix:�_rwaq to- Nmvr'm Lliw:q,.#uay.. mmirm u.l�==.V.tA)ay;I.iE 4NrrAmnt i.kw�S.kVn,.twP�.aer..AnireA,i•,K, fl.l'.1^.�irrJ 25 LSA ASMDCIATSS, INC. CEQA FINDINGS AND STATSMSNT OF OVERRIDING CONSIDERATIONS NOVEPASIR 7606 LODI ANNE8AT1oN SIR F' insrs for Uaet GROW94- 1: The proposed project could result in the growth -inducing impl acts by facilitating development to the west if the City should decide that it wants to grow to the west. However, pursuant 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. SECON 5: EFFECTS 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 impaoo 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 aggreaptte resource areas or as generalized aggregate extraction sites. The project sites do not contain known mineral resources, and the olajority of the project sites are in active agricultural uses. 5.2 ftpnlation, Employment and Housing The City of Lodi Housing Element was adopted by the City in 2004. The Housing Element anticilpted die development of SW Gateway site. As such, housing and population impacts were addreslied within this Element, and€the environmental impacts associated with Population and Housielg were addressed in the Elly that was completed for the Housing Element. SEC' ION 6: SIGNIFICANT CUMULATIVE EFFECTS The emulative analysis in the Draft EIR utilizes development that is likely to occur under the buildctpt of the General Plan in addition to specific development projects listed on page 324 of the Draft MR. 6.1 Land Use and Phtaning Policy The proposed project includes the development of the SW Gateways project site, as well as the annexAjon of other parcels within tie City's Sphere of Influence. While no development has been propoi pd for the additional annexa*on areas, it is assumed that these sites would be developed in the future at an average density of applloximately'7 units per acre. While the proposed project would develop land that is currently in agricultural production, this land is desigl*ed 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 pelma: Doss not cootribute to any significant cumulative laird use impacts. per: zt 6.2 Trausportation, Circulation and Parking Deleted: C:NrPorthllEaMAIMPHYL LISW3057 1.DOC As noted in the al EIR, 1�9 intersection would be significantly impacted by theproposed project. rtdeted: ivisnooe However, all the intersection impallts could be reduced to a less than significant level with deleted: uilazoo6 implettientation of the identified mitigation measures discussed in Section IV.B of the Draft EIR. _ Inserted: 1111512006 wsn. <<;peasau a Nsur:,,ss2.nema�>.�, .u.ai, -zuoc 26 LSA %&ROCIATES, INC. CFQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS N0%KINDER 1006 LODE ANNEXATION EIR However, the City may choose not to implement some of these mitigation measures so as to further cert) goals within the General Plan. 6.3 Air Qualify A number of individual projects is the City of Lodi may be under construction simultaneously with the proposed project (see list abode). Depending on construction schedules and actual implementation of pt*ects in the area, generation -of fugitive dust and pollutant emissions during construction may resin=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. Curragtly, the San Joaquin Valley is in non -attainment for ozone, PMIO and PM2 5 standards. Con- struo'pan 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 nonaftainment of air quality standitrds within the San Joaquin Valley. Section 1V.C, Air Quality, of the Iipaft EIR, includes a discussion of cumulative and future conditions related to air quality. 6.4 Noise Implgrnentation 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 incroses associated with construpltion of the proposed project would be reduced to a less -than - significant level through the imptimentation of Mitigation Measure NOISE -1, which would restrict constiuction activities to daytime hours, reduce unnecessary idling of construction equipment, and requift muffling of combustion ergines. It is anticipated that cumulative projects in Lodi would incoVorate these standard noise -reduction measures and that the project construction would not result in sulktantial 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 signiOcantly change noise levels. 6.5 Cultural and Paleontolo*al Resources Constuction activities associated vAth the proposed project and cumulative projects could result in significant impacts to unidentifie4 archaeological and paleontological resources, and human remains. How4wer, like the proposed projegts, 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 donstruetion areas and ensuring that the recovery of human remains is reported to the proper authoritifs. With implementation of the proposed mitigation measures, the proposed projects would not resuk 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 lbr geology does not generally extend far beyond a project's boundaries, since geological impalets are confined to discrete spatial locations and do not combine to creatt 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 ,...:;ani*WIR:Mt u,�aau:M'.d1:Wr21.Ss.cinai..Iswuernt.-..lumxxl.l:�i..i9.1.N2f:,t;AVtAarkprrl..%..n1Y.C'Fr3A!'nariaue,.ac.irwl.;I,ea Ll.ul�'SWCI L/ DelatDd: C:NrPoibMBINAINIPHYL LIS1873057_I.DOC DMehd: i 111512o06 i DekdW: 10412om Inwrted: 11/15/2006 LSA A$QOCIATES, INC. CLQA FINDINGS AND 5TATXMBNT OF OVERRIDING CON$IDZRATIONS NOVEN11IR 2006 LOUT ANNEXATION HIR circunlistances are not present on the project site, and implementation of the project would not make a consi®brable contribution to a sigrdfieant cumulative geologic impact. 6.7 Rydraiogy alsd Water Quislity The proposed project would result in an increase in impervious surface area and an increase in the amoutt of storm water gCnerated op the project sites. Construction and operational impacts to stormwrater that would result from` lementabon of the proposed project would be minimized throw irrgAernentation of the SV*PP. The runoff from the project sites, in combination with other sites, otuld exceed the capacity of *onveyance structures. The project applicant must incorporate design features and show the projeets ability to contain and convey stormwater on the project site. It is antidpated 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. 6.9 11liol"Ic2l Resources Impact to biological resources front the proposed project would Consist primarily of loss agricultural lands (ww 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 seasortlll wetlands. Except for the pptential impacts to seasonal wetlands, impacts to biological resour*s resulting from project implementation will be offset through the City's implementation of the SJIIISCP conservation strategy. The SJMSCP conservation strategy was developed in considotation of projected growth i>a San Joaquin County, and thus was developed to adnimize cumullllive impacts to SJMSCP cohered species. In addition, other projects in the area with similar impacts to biological resources are also likely to implement the SJMSCP conservation strategy. Consooently, with implementatiod of the SJMSCP conservation strategy, the project will not result in sigtdicant cumulative impacts to SJMSCP covered species. Poten* project impacts to seasonal wetlands will be minor due to the small area affected, the low habitat Value associated with the sebsonal wetlands on the project site, and the proposed mitigation that will reduce impacts to a level l+ttss than significant. Consequently, although other projects in the area copld result in impacts to simifor wetlands, the project will not result in significant cumulative affect to seasonal wetlands. 6.10 )Illazards and Hazardous Materials As two.of several residential develtpments within the City of Lodi, the project would contribute to increase in the generation of housftld hazardous wastes in the City. Implementation of the proposed projects would help to ensure that ekisting hazardous materials contamination on the project site is remedited. Given the residential nature of the proposed projects, it is unlikely that the project would involve the use or storage of large rpart ities of hazardous materials or waste. The proposed project would dot result in significant cumidative hazardous materials impact. 6.11 Utilities Development of the proposed proje$t, in addition to other future development in the area would cumulallvely increase the demand off] 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 28 I D61OW: C:1NrParth1\EBmAtmPHY i E LISI673057 1.DOC J "aw.Y11/15/20D67 1/1 512006. _�_ _J Dalatad: 11114/2006-- Irlsaltad: 11/1512005 9..�.h lam �i�y5�*J:niFhn.'dLuce1.5,4�rtYe7auV��w°-F__lEFlra'ULKN�IN,ANa'Lmeat1'w�g'A £:q19['., r�.ifluc 11 Vla F.prty) LSA ASSOCIATES, INC. NOVE6INER 3006 CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS LODI ANNEXATION RIX 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 projoct applicant would be required to pay its fair share to construct any improvements needed to serve the project, and would therefore not contribute to a cumulative impact. 6.12 ]Public Services Development of the proposed project, in conjunction with planned future area development would cumuktively increase the demand bn public services in the project area. None of the public services analy-mad would experience significant unavoidable impacts with the implementation of mitigation measles. The proposed project includes a potential site for a future fire station and the City will fund additisnal fire department staff via the General Fund and other available revenue from the project. The project would result in need f#r additional police staff to meet service ratios. However, the police deparfnent currently does not meet service ratios, and the need for additional staff would result in a fiscal impact, not as a significant ghvironmental impact. In addition to paying applicable school impact fees, acreage is provided w4thin the SW Gateway site 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. 6.13 Visual Resources The proposed project would transibrm an area that is currently land in agricultural use to residential and p&lic 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 residefitial development would result in a significant and unavoidable visual impact. However, the City of'Lodi General Plan identifids the project sites as areas to be developed. As such, the project site vm1d not result in a significairt cumulative visual impact. 6.13 Energy Implementation of the proposed Mject would result in an increase in energy consumption. Demotion and construction activities associated with the project would result in the nonreversible use ofenergy resources such as fucl and bound energy in the form of construction materials. The instafttion of the new electrical sostation, located on a parcel adjacent to the north portion of the SW (3gtteway site and south of Ketleman Lane, would be designed to accommodate the additional electrkal demand of the proposed Orej ect. Energy conservation standards contained in the California Code of Regulations (Title 24) for new residential and commercial development would ensure that the now development would be designed to reduce wasteful, inefficient and unnecessary use of electricity. EnerSy consumed for transportation would be subject to the fuel efficiency standards for vehicles in CalifBtnia, which are designed to seduce wasteful and inefficient energy use in private vehicles. The projedt would include pedestrian avid bicycle design elements to further reduce the consumption of energy for transportation. The incursion of parks and schools within walkable distances from the resi-W: C:1NrPMUEBMAMPHYL L dentist areas within the project sites would reduce vehicle miles traveled associated with the imple- IS' 7_._._._..__-1.DOC— _ _ _.::� i mentation of the proposed project. Delated: 11115/2006 � Delated: 1111412006 Ingerted: 1 ll 15/2006 -: i'•uc.:nanl.FW'cilypls.jvhl'mi.Scui':'ieW..ttnS l xa`.E e.:1)4.Jad.1A7:IR.ANM'.k1Ye'.nt 5.,6W..C.EVt#kipAiACY..(4'.�'.IVYAAV'. ll.i;.i;,'kog0) 29 L5A Ai�OC1ATES. INC. NOVB ER too& CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS LOW ANNEXATION EIR The proposed project would result in an increase in demand for energy, but established State and fed- eral s atdards are in place to curtail wasteful, inefficient and unnecessary use of energy. SECTION 7: FEAMILITY OF PROJECT ALTERNATIVES 7.1 Project Alternatives The Dirafit EIR included four alternatives: the No Project/No Build Alternative, the Agricultural ResidOntial Altemative, the Reduded Density Alternative, and the Increased High Density Altertiistive. Each of these alternatives focuses on the development of the Westside and SW Gateway project sites; it is assumed for eaci of these alternatives that the Other Areas to be Annexed would not be developed at this time. The City Council hereby conclude$ that the Draft EIR sets forth a reasonable range of alternatives to the SIV Gateway Project so as to ibster informed public participation and informed decision making. The City Council finds that the al*matives identified and described in the Draft EIR were considered and fllether finds them to be infeaAble for the specific economic, social, or other considerations set forth below pursuant to CEQA se(stion 21081 (c). 7.1.1 No Project/No Build AlteF*Rtive. The No Project/No Build alternative assumes that the projew parcelswould generally reinatn in their existing conditions and would not be subject to Delated: sides develppment. Under this alternative, the project pwould not be incorporated into the City ofDom; ,;�$ Lodi, lend existing agricultural use of the project site would continue. There would be no structures conoucted on the projectarp cell and all existing structures would remain. The schools, aquatic 1"" -sites center, parks, and park basins would not be built. Find s. The No Project/No Build alternative would not achieve any of the objectives for the SW Gatevay project,. This alternative Would not result in the significant unavoidable environmental Denoted: s impact related to implementation of the project. However, the No Project/No Build alternative would not result in the construction of any housing or recreational facilities. Therefore, the City rejects the No Project/No Build alternative 7.1.2 Agricultural Res6dential Aliternative. The Agricultural Residential alternative would retain the aVicultural character of the prisject site, and would provide residential housing at a density of I unit pOr 20 acres. A density bonusmould be granted which would allow I additional unit per 10 acres. This would result in 40 units on thlr SW Gateway site. Agricultural uses would still occur on the Deleted: a cowl of 60 units, wit project site, but the acreage would'>be reduced so as to accommodate the 40 units T�he_SW Gateway. approximately 20 units on the Westside arc would be annexed by the City of Lodi. site and Deletaa: 60 This alternative would not include the construction of any schools on the project site. The aquatic Delated: Both the westside M4 center and some park area would be incorporated into the project site. However, no park/basins would Delated: sites be inctuded on the project sites. Find s. The Agricultural Residetttial alternative would not achieve the following objectives of the DqfftW: C:wrPautbllEBMANkPHVL propoiled SW Gateway project: LIS1873057 1.130C i Southwest Gateway Project. 0014W. 11/1512006 Deleted: 11/1412006 Insetted: i05/2006 i.: -,saw w:: sraar��iau'.WW xuay.:=uromr� m���i..RLKkYYI.g.nwwlm�e A.r,wr,[;9AYiaAixtr, ir..is4..JK. G.f; 1.:.:7.iI 30 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NO VZUBER 1006 LODI ANNEXATION HIR • Develop a diversity of high quality housing types to meet housing needs within the City of Lodi. Provide affordable Nous* options within the City of Lodi. • Develop a school site that would serve future residents of the proposed project as well as other Lodi residents. • Develop an `open space pedestrianlbicycle spine' within the project site that connects to recreational and pedestrian amenities further south of the project site. • Provide adequate basin c#pacity for storm water detention. The *ernative would result in the creation of significantly fewer housing units and recreational facililires. Additionally, this al cn*tive would not provide school sites or the same amount of recre Tonal facilities. 'Therefore, ite City rejects the Agricultural Residential Alternative. 7.1.3 The Reduced Detsity Alterative. The Reduced Density alternative would reduce the density of the S W Gateway prc ject The 5(W Gateway site would have approximately 681 low density homes, tlaieted: aDd develop rho weefside which; would average three units per gross acre. The SW Gateway site would include approximately I project site u the proposed project 30 acneld- s of parks and parkibasins, but would not include a school site. w01 ------- Findogs. The Reduced Density Alternative would not achieve the following objectives for the SW Gateptay project: • Develop a diversity of high quality housing types to meet housing needs within the City of Lodi. • Provide affordable housing options within the City of Lodi. • Develop a school site that would serve future residents of the proposed project as well as other Lodi residents. • Provide adequate basin capacity for storm water detention. When compared to the proposed project, the Reduced Density alternative would result in a reduction in the number of units and number of school sites. Therefore, the City rejects the Reduced Density AlterrAti ve. MA Ih emased Rilgh-Density A.I tmative. 'Phis altemative would change the mix of housing units onh"S W Gateway t)arccis, The parcels would have low density units at a density of 3 dwelling units per acre, and high density unks at a density of 25 dwelling units per acre The SW Gateway site wouldinclude the following components: 459 low density units (153 acres); 1,000 high density units (40 acres); one school site; and 30 acres of parks and parkfbasins. Find s. The Increased High -Density alternative would meet all the objectives and would result in a total of 1, .459 uni on th SW Ga wa cel - However, this alternative would not provide any mediutn density housing options. The Housing Element discusses the desire for a mixed of residential land uses, which this alternative would not provide. Therefore, the City rejects the Increased High - Density alternative. Deleted: both the Westside and --- Ddeted:- Delsted: sites Delelted: This would re uI 717 Iow j density units and 1,600 high density units, for a total of 2,317 units. There would be no medium density uniht incorporated mto the projectsites- ' DNeQad. 2,317 Deltld . �1 J Deleted: C:w Potib11EBMAlWHY1, LIS1873057 LDDC Dettett dd: 11115f2W6 Deleted: it/14/2006- Ineprted: 11/15/2006 LSA AI� OCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVO RR ;aa6 I.ODI ANNEXATION ETR 7.2 Environmentally Superior Alternative CEQA requires the idenfification of the environmentally superior alternative in an EIR Of the four altemiltives analyzed above, the Nb Project/No Build alternative is considered the environmentally superif r alternative in the strict seen that the environmental impacts associated with its implementa- tion would be the least of all the sltenarios examined (including the proposed project). While this alterridtive would be environment0ly superior in the technical sense that contribution to these afore- mendwed impacts would not occur, this alternative would not meet many of the project objectives. In cases like this where the No Prcoect/No Build alternative is the environmentally superior alterna- tive, dEQA requires that the seco#d most environmentally superior alternative be identified. The AgicWtural Residential alternative would be considered the second most environmentally superior alterroive. Under this alternative, there would be a reduction in potential land use impacts as the majority of the site would remain in agricultural production. This alternative would result in signifi- cantly?fewer trips, and associated *ir 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. Additioillally, this alternative would create significantly reduced demand on public services and utilities than t* proposed project. However, this project would not meet the pro- ject o%ectives of providing increaiied residential opportunities is the City of Lodi, as well as provid- ing po ks and public facilities. Fin � , s. The City finds that the A p icultural Residential alternative would be environmentally super* to the project, but would Aot provide increased residential opportunities in the City of Lodi or provi& parks and public facilities. Additionally, specific economic, legal, social, technological, or other eionsiderations make this alteimative infeasible. Therefore, the City rejects these alternatives, and further adopts the specific overriding considerations found in Section 8. SECTION g: STATEMENT OF OVERRIDING CONSIDERATIONS CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, techn4ogicai, or other benefits of * project against its unavoidable risks when determining whether to approttlee a project. If the specific coonomic, legal, social, technological or other benefits of the project outweigh the unavoidable adverse environmental effects, those effects may be considered acceptable.a CEQA requires the agency to support, in writing, the specific reasons for considering a project accep- table V&cn significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record.' In accordance with the requirements of CEQA and the CEQA Guidelines, the City finds that the mitigon measures identified in * Final EIR and the Mitigation Monitoring and Reporting Progrion, when implemented, avoid or substantially lessen many of the significant effects identified in the Det and Final EIR. To the extnt any mitigation measures recommended in the EIR and/or proposed project could not be incoVerated, such mitigation measures are infeasible because they would Impose restrictions on the pibject and would prohibit realization of specific economic, social, CEQA Guidelines, Section 15093(a) `CEQA Guidelines, Section 15093(b) I c-.� _,_;,,uu.[ik ,.:�ww•dv�_sa.�iawi�oaevrurF mctii�::�.xtacelx aN�ngatm .^w's.�G�ie��e.. ti. AJac liias�ar,) 32 Deleted: C:1hrPorlhNRMAP4T11YL LIS1873057 i.DOC Delated: 11/1512006 Deleted: 11114/2006 Inwrted: 11/1512006 LSA ABSOCiAIES, IIIC, CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMBER 2006 LODI ANNEXATION E1R and other benefits that this City Council finds outweigh the unmitigated impacts. The City Council further finds that except for the poposed project, all other alternatives set forth in the EIR are infeaIble because they would prohibit the realization of project objectives and/or of specific econow. ic, social and other benefits the City Council finds outweigh any environmental benefits of the alterastives. Nonelbeless, several significant itapacts of the project are unavoidable even after incorporation of all feasiillle mitigation measures. Theltignificant 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 reaso*s 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 tiu City of Lodi. b. The project will provide affordable housing options within the City of Lodi c. T11e project will provide park areas and recreational uses and funding therefore that help meet pipit standards within the Cityof Lodi. d. Tiw project will included a school site that would serve future residents of the proposed project as wedl as other Lodi residents. e. The project will develop an "open space pedestrian/bicycle spine" within the project sites that co netts to potential recreatiovW and pedestrian amenities further south of the project site. f. The project will provide adequotte basin capacity for storm water detention. g. T1k project will ensure orderly development pursuant to LAFCO standards. h, The project will avoid creation of a County island. i. The project will facilitate future residential development of these parcels within the City's jurisdiction. j. Ttw project will generate reveme for the City. The City finds that property taxes from residential arm are important to the City'$ revenues in order to maintain and provide services to the coMmunity. In addition, the CoFrirnunity Facilities District (CFD) created for this project would insure that the City is not overbkirdened by public services associated with this project. On balfnce, the City finds that there are specific considerations associated with the project that serve to ovetWe and outweigh the projeal's significant unavoidable effects. 'Therefore, pursuant to CEQA GuideAtlees Section 15093(b), the adverse effects of the project are considered acceptable. DWS. CANrPoxthrEBMAMK1YL � LM873057_1.DOC ; DNabd: 11115/2006 Mew: 11/14/2006 i!1®!1'6ld: 11115!2006 33 ATTACHMENT A MITIGATION AND MONITORING REPORTING PROGRAM This Mimmation and Monitoring Repoting Program (MMRP) lists the mitigation measures recommended in the Lodi Annexation EIR for the proposed projects and identifies monitoring schedule, mitigation responsibility, and monitoring procedures. Monitoring and reporting details are only provided for mitiga- tion meaes necessary to avoid or reduce significant impacts of the project. Table 1 pftsents the mitigation measuoes identified for the project. Each mitigation measure is numbered with a syidbol indicating the topical soction to which it pertains, a hyphen, and the impact number. For example, CULT -3 is the third mitigation measure identified in the Cultural and Paleontological Resources analysis. The first column of Table 1 provides tl a mitigation measure(s) as identified in Chapter IV of the Draft EIR for too proposed project. The second column identifies the monitoring schedule. The third column, "MitigatitM Responsibility," identifies the party(ies) responsible for carrying out the required action(s). The fourth column, "Monitoring Procgdures," identifies the party(ies) ultimately responsible for ensuring that the mitigation measure is implemelttted. -vveobw Setl{,pipoN%L al BaUl ATenQomyB,BW° MMRP_rtvind.d (I UOr+ M) Message Page 1 of 3 Randi ,doh! From: Randi Johl Sent: Wednesday, November 15, 2006 10:31 AM To: 'Dee' Subjeft RE: new housing developments Thank you for your email. It was received by the City Council and forwarded to the appropriate department(s) for information, response and/or harddiing. Randi Johl, City Clerk -----Original Message --- Fr": Dee [mailta:crcomn@lodinet.com] S41t: Wednesday, November 15, 2,006 9:53 AM Tat Randi ,kohl; Susan Hahcock; Bob Johnson; JoAnne Mounce; John Beckman; Larry Hansen Ste : new housing ddvelopments To: City Council members From: Dee Porter Sllfbject: Editorial which didn't make it into the newspaper this morning, Eft cafe%l what you wish for 1 Wil someone please explain to me why we need 2000 new homes? Let us reason together on this: ce they're homes and not apartments we're talking 2-4 children each. At least half of those families will have teenagers who vaill soon be driving. Most of these homes will have two family cars, possibly three with a teen driver which equals 5000 more cars using our already crowded streets. And every time you go to a store, bank or restaurant 11/15/2006 Message you'll see those 2000 families -- good for the business -- bad for the customers who don't tike to wait in long lines. Recently, this newspaper ran an article on how stretched our police department already is and how many additional officers are needed just to haadle the crime we already have. Over the years they've been force to cut the gang and drug prevention programs for the schools, which is really needed, in order to put more officers on the street. Lodi has some serious drug and gang problems. We reed to back up our police department and give the money roeeded for officers and not over burden the ones we have with more territory to oversee. Another article was about the struggle Lodi Utilities is having getting more energy ... not to mention additional water, Page 2 of 3 trash, and sewage. When my husband worked as a dispatcher for Lodi Utilities (1975- 1098), we talked a lot about the total impact housing developments make on the community. It will not be long before vae find ourselves getting taxed more to build a bigger sewage plant, more money to expand Lodi Utilities, or get more rWter rationing .. and then there's the trash company. I'# bet there was a collective groan when they heard about the additional routes they would have to fit into their schedules acid where are they going to put all that extra refuse? And finally people, the farmers are right. When they're plowing or spraying insecticide or for mildew it will be right in those homeowner's breathing space. How long will they put up that? With the end result of more restrictions for the farmer? More than likely the frustrated farmers will sell out to more housing 11/15/2006 Message Page 3 of 3 developments or malls. The way we are go in, I predict by the year 2015 the entire San Joequin Valley will be cemented over in homes, malls and parking lots. So, I ask again: why are we getting 2000 new homes? Doe Porter 1.111512006 RESOLUTION NO. 2006-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI CERTIFYING THE FINAL LODI ANNEXATION EIR (EIR-05-01), ADOPTING FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SOUTHWEST GATEWAY ANNEXATION PROJECT WHEREAS, the City Council of the City of Lodi has heretofore held a duly noticed pubAc meeting, as required by law, to consider the Final Environmental Impact Report (EIR) (EIR-05-01); and WHEREAS, the subject properties included in the evaluation are described as follows: APN OWNER ADDRESS est Gateway Project 058-030-09 252 E. St. Route 12 Highway Carolyn Relchmuth 058-030-03 145091Vorth Lower Sacramento Road Van Ruiten Ranch, LTD 058-030-04 14499 -North Lower Sacra ento Road Van Ruiten Ranch, LTD 058-030-05 14433 North Lower Sacramento Road Van Ruiten Ranch, LTD 058-030-06 14195 -North Lower SacraMento Road Howard Investments, LLC 058-040-01 14101 North Lower Sacra ento Road Schumacher Trust 058-040-02 13837'North Lower Sacramento Road Schumacher Trust 058-040-04 13537'North Lower Sacra ento Road Schumacher Trust 058-040-05 13589 North Lower Sacra ento Road Schumacher Trust 058-04414 No sit* address Joey Tamura Trust I�RAWmeaks _ be :Aqoxod 058-230-04 13786=North Lower Sacra ento Road Tsugio Kubota 058-140-13 14320'North Lower Sacr ° nto Road M. Bill Peterson 058-140-12 14500`North Lower Sacramento Road M. Bili Peterson 058-140-14 14620kNorth Lower Sacra nto Road Ruth Susan Peterson 058-140-04 14752 North Lower Sacrapwnto Road Dean and Sharon Frame Trust 058-140-11 777 E st Olive Avenue Zane Grever Trust 058-140-06 800 E` st Olive Avenue Vernet and Charlene Herrmann Trust 058-140-07 844 Est Olive Avenue Santiago and Ramona Del Rio 058-140-08 890 Est Olive Avenue Frank Hall 058-140-05 865 East Olive Avenue Santiago and Ramona Dei Rio 058-140-09 908 E st Olive Avenue Santiago and Ramona Del Rio 058-140-10 930 East Olive Avenue Leticia F. Amigable et al. 873M RW CEQA R."fa - S-th"W Cw—y WHEREAS, on Seember 16, 2005, a Notice of Preparation was circulated nWyinq respcpsibie agencies anti interested parties that an EIR would be prepared, Indicafg the envi*mentaf topics that 4ere anticipated to be addressed; and WHEREAS, a Draft EIR (File No. EIR-05-01) was prepared in compliance wkh the Califs is En%4ronrnental C uality Act (CEOA) of 1970, as amended, and the Guide#nes provided therender; and WHEREAS, a Notiipe of Completion for the Draft EIR was published in the Lodi News Sent el and was posted ao City Hal on April 17, 2006; and WHE#WEAS, the flotice of Completion and copies of the Drat EIR were sit to Resp es _: silty Agencies an# the State Office of Planning & Research (State Clearinghouse) on April r7, 2006; and WHEREAS, a c of the Draft EIR was kept on file for public review widOn the Corr unity Dcvelopm��partment at 221 West Pine Street, Lodi, CA, and'the public library and Psted on the City's *ebsite for a 45 -day comment period commencing on April 17, 2006 and odirig on May 26, 20$6; and WHEREAS, the C4V of Lodi Planning Commission received comments and testiawk on the Daft Elft from the fa owing individuals on May 10, 2006, at 7:00 p.m., at the Carnegie Foru , 306 West Fine Street, Lodi, CA: • Ride Gerlack • Planningmission Chairman Randy Heinitz • Ptatining iffier Doug Kuehne • Planning is mr Gina Moran • Planning utter lel Cummins VA4EFIEAS, thereef nine comment letters in response to the Nice of Correftn fr6m the foilor�g agencies/persons: Deparrtment of Ulkwnie Highway Patrol May 4, 2006 • Department of Conservation May 26, 2006 • Department of Irransporlation May 25, 2006 • Pacific Gas an$ Electric Company May 26, 2006 Public Utilities Commission April 26, 2006 San Joaquin County Public Works May 24, 2006 • Governor's Offibe of Planning and Research May 26, 2006 • Sam Joaquin VoVey Air Pollution Control District May 4, 2006 • Robert G. Wilson May 23, 2006 WHEREAS, a ReWonse to Comments Document was prepared in accordmw w1h CEQj1, which responds tai comments received on the Draft EIR included herein as Attachment A; a4d WHEREAS, indivilpWal responses to the comments received on the Draft EIR were mai4d to eaclh comment4g agency ten days prior to the Planning Commission recommendsibn for y mil-ceftificait' of the Final EIR; and rrAx�,;...o....-..,�,,., 2 WHEREAS, a Mitigation Monitoring and Reporting Program prepared in accordance with CEQA, which lists mitigation measures recommended in the EIR, identifies mitigation monitoring requirements; identifies the party responsible for carrying out the required actions and the approximate timeframe for the oversight agency; and identifies the party ultimately responsible for ensuring that the mitigation measure is implemented is included herein as Attachment 8; and WHEREAS, the City of Lodi Planning Commission held public hearings on the recommendation to the City Council on the adequacy of the EIR on October 11, 2006 and October 25, 2006 and made the following recommendations to the City Council: Mitigation Measure LU -1: To reduce agricultural/residential land use incompatibilities, the following shall be required: a. The applicant shall inform and notify prospective buyers in writing, prior to purchase, about existing 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 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 adjacent to existing agricultural operations, the applicant shall submit a detailed landscaping, wall and fencing plan for review and approval by the Community Development Department. 2. Impact LU -2: The proposed SW Gateway project would result in the conversion of approximately 241 acres of Prime Farmland to non-agricultural uses, and the Other Areas to be Annexed would result in conversion of 39 acres of Prime Farmland when and if developed. The Southwest Gateway project site is primarily used in agricultural production and is currently designated as Prime Farmland. Development of the proposed project would result in the conversion of Prime Farmland to non-agricultural uses. Additionally, when and if plans are proposed and approved for development within the Other Areas to be Annexed, the development may result in the conversion of prime farmland. There 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: Mitigation Measure LU -2: Prior to issuance of a building permit after the first quarter of the building permits for the Southwest Gateway Project have been approved, or the approval of a parcel or tentative map that would result in the :73M r r CEQA Raaf..,. - S=h— C—." conversion of prime farmland within the Other Areas to be Annexed, the applicant shall provide and undertake a phasing and financing plan (to be approved by the City Council) for one of the following mitigation measures: (1) Identify acreage at a minimum ratio of 1:1 in kind (approximately a total of 241 acres of Prime Farmland for the Southwest Gateway Project and 39 acres for the Other Areas to be Annexed) (currently not protected or within an easement) to protect in 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 County Agricultural Mitigation program, which is currently being developed, if it is adopted by the County prior to this mitigation measure being implemented (SU); or (3) Comply with the requirements of Exhibit K to the Development Agreement. 3. Miticaation _Measure TRANS -1: Each of the following mitigation measures shall be implemented to reduce the project's impact on the identified 15 intersections: 1 a: Mitigation Measure AIR -2 identifies measures recommended by the San Joaquin Valley Air Pollution Control District's "Guide for Assessing and Mitigating Air Oua ity 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 resulting emissions from the project and shall be implemented to the extent feasible and desired by the City: • Provide 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 pedestrian signalization and signage. • Provide bicycle enhancing infrastructure that includes: bikeways/paths connecting to a bikeway system and secure bicycle parking. • Provide transit enhancing infrastructure that includes: transit shelters, benches, etc., street lighting, route signs and displays, and/or bus turnoutstbulbs. 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 the project's impact. 1b: The implementation of each of the improvements listed in Table IV.13-6 would reduce the impacts to the identified 15 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.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 673M Fined CFQA adauum - SOLKK k c. MI* 4 improvement. is already programmed 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 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. Implementation of Measure TRANS -1a and TRANS -1b 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 poNcies 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 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 some intersections may be significant and unavoidable if the City chooses not to implement the recommended mitigation measure. (Potentially SU). WHEREAS, adoption of the Mitigation Monitoring and Reporting Program, included herein as Attachment B, effectively makes the mitigations part of the Southwest Gateway project. NOW, THEREFORE, BE IT FOUND, DETERMINED, AND RESOLVED that the City Council has reviewed and considered the information contained in the Final Lodi Annexation EIR and finds that with regards to the Southwest Gateway Project: 1. The Final EIR has been completed in compliance with CEQA. 2. The Final EIR was presented to the City Council, the decision-making body of the lead agency, and that the City Council reviewed and considered the information contained in the final EIR prior to recommending adoption to the City Council. 3. The Final EIR represents the independent judgment of the City. NOW, THEREFOIRE, BE IT FURTHER FOUND, DETERMINED, AND RESOLVED that, based upon the evidence within the Draft and Final Lodi Annexation EIRs, staff report, public convnents, and the projeat file, the City Council of the City of Lodi makes the CEQA Findings as descObed in Attachment A, adopts a Statement of Overriding Considerations, included in Attachment A, and hereby certifies the EIR (EIR-05-01), all as they relate to the Southwest Gateway Project. BE IT FURTHER FOUND, DETERMINED, AND RESOLVED that the City Council of the City of Lodi hereby adopts the Mitigation Monitoring and Reporting Program included in Attaohment B as it relates to the Southwest Gateway Project. Dated: November 15, 2006 873m Rw CEQA amakno-3a1$-w CAw%" I hereby certify tF" Resolution No. 2046-209 passed and adopted by the City Council of the City of Lodi at a reg r meeting held on November 15, 2006, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, Johnson, and Mounce NOES: COUNCIL MEMBERS — None ASSENT: COUNCIL MEMBERS — None ABSTAIN: CCKJJ14CIL MEMBERS — Mayor Hitchcock 6 � RAMI JOHL City Clerk 6 ATTACHMENT A ENVIRONMENTAL IMPACT REPORT FINDINGS ANIS STATEMENT OF OVERRIDING CONSIDERATION LOBI ANNEXATION EIR FOR SOUTHWEST GATEWAY PROJECT CEQA FINDMS AND STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to Sections 15091 and 15093 of the State CEQA Guidelines and Section 21081 of the Public Resources Code The Final Environmental Impact Report (Final EIR) prepared by the City of Lodi (City) for the Southwest (SW) Gateway Project, and Additional Areas to be Annexed (project) consists of the Draft EIR (Lodi Annexation Environmental Impact Report, April 2006) and Responses to Comments Document (Lodi Annexation Environmental Impact Report Response to Comments Document, July 2006), The Final EIR identifies significant environmental impacts that will result from implemen- tation of the project. However, the City finds that the inclusion of certain mitigation measures as part of project approval will reduce the majority of potentially significant impacts to less -than -significant levels, The impacts which are not reduced to less -than -significant levels are identified and overridden due to specific considerations that are described below. As required by CEQA, the City, in adopting these CEQA Findings and Statement of Overriding Considerations, also adopts a Mitigation Monitoring and Reporting Program for the project. The City finds that the Mitigatio* Monitoring and Reporting Program, which is incorporated by reference and made a part of these findings included as Attachment A, meets the requirements of Public Resources Code Section 21081.6 by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the project. In accordance with CEQA and the CEQA Guidelines, the City adopts 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 Final EIR reflects the City's independent judgment as the lead agency for the project. N:ua�ea�.�timC�KYCasllgpUDxip�uwhwrk�fad`c f 1ll17!l4p6) 1.sA 4SEOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMBER 20046 LODI ANNEXATION.CIR TABLE OF CONTENTS SECTION1: INTRODUCTION............................................................................................... I SECTION 2: THE LODI ANNEXATION AREAS.................................................................. 2 SECTION 3. ELECTS DETERMXNED TO BE MITIGATED TO LESS -THAN - SIGNIFICANTLEVELS.................................................................................... 4 SECTION 4: SIGNIFICANT EFFECTS THAT MAY NOT BE MITIGATED TO A LESS -THAN -SIGNIFICANT LEVEL.............................................................. 20 SECTION 5: ELECTS DETERMINED TO BE LESS THAN SIGNIFICANT OR NOTSIGNIFICANT......................................................................................... 25 SECTION 6: SIGNIFICANT CUMULATIVE EFFECTS ..................................................... 26 SECTION 7: FEASIBILITY OF PROJECT ALTERNATIVES ............................................ 29 SECTION 8: STATEMENT OF OVERRIDING CONSIDERATIONS ................................ 32 Attachment A: Mitigation Monitoring and Reporting Program N:wm�i�.nm�CEi1CVCa�.ol�mtMiCOM1l w�Ega.d� CI VIUJOW) LSA ASSOCIATRS, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMBER 3006 LODI ANNEXATION EIR SECTION 1: INTI ODUCTION 1.1 Statutory Requements for Findings Section 15091 of the C16QA Guidelines states that: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (I) 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. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that will otherwise occur with implementation of the project. Project 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 effects 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 the significant effects on the environment.2 The CEQA Guidelines state in section 15093 that: "If the specific economic, legal, social, technological, or other benefits of a propos[ed] project outweigh the unavoidable adverse environmental effects, the adverse environ- mental effects may be considered 'acceptable. "' 1.2 Record of Proceedings For purposes of CEQA and the findings set forth herein, the record of proceedings for the City's decision on the project consists of a) matters of common knowledge to the City, including, but not limited to, federal, State and local laws and regulations; and b) the following documents which are in the custody of the City: 1 CEQA Gaidetines, Section 15091 (a), (b). 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sapivauls uswsapad pus [suotitImax of slaauuoa jegj alis loafoxd agl uiglim «surds ajaAaiq/usixgsapad oaleds undo„ ue dojanaQ • n17 N0[lYx3NNr IUO'i 9002 USUNRAGO SNO[1YII3019NOJ hNIGIVIRAO AO LNHKZLY1S (INV SONIONId WORD 'DNI `9z1v[30SSv Y09 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMBER 2906 LODI ANNEXATION ERR density units (40 acres); one school site; and 30 acres of parks/park basins. Under this alternative, there would be no medium density residential units. A more detailed description of these alternatives, and required findings, are set forth in Section 7: Feasibility of Project Alternatives. SECTION 3: EFFECTS DETERMINED TO BE MITIGATED TO LESS -THAN - SIGNIFICANT LEVELS The Draft EIR identified certain potentially significant effects that could result from the project. However, the City finds for each of the significant or potentially significant impacts identified in this section (Section 3) that based upon substantial evidence in the record, changes or alterations have been required or incorporated into the project which avoid or substantially lessen the significant effects as identified in the Final EIR3 and, thus, that adoption of the mitigation measures set forth below will reduce these significant or potentially significant effects to less -than -significant levels. Adoption of the recommended mitigation measures will effectively make the mitigation measures part of the project. 3.1 Land Use Impact LU -1: The proposed project could result in a land use conflict with surrounding land uses. Mitigation Measure LL -l: To reduce agricultural/residential land use incompatibilities, the following shall be required: a. The applicant shall inform and notify prospective buyers in writing, prior to purchase, about existing 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 recorded at the County Recorder's Office and 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 Ordinances. 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 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 adjacent to existing agricultural operations, the applicant shag submit a detailed landscaping, wall and fencing plan for review and approval by the Community Development Department. 3 CEQA Guidelines, Section 15091. N:wr�man;a.nExerorr�I+oouNco�nsaarraetR..aa(IV17M b) 4 AO$OCIATLS, INC. CEQA VINDINCS AND STATBMZNT Or OVIERI1WINO CONSIHXiATION$ vH,S*ER 20116 LODI ANNEXATION. E11 lifts forfor c : Mitigation Measure LU -1, which requires notific*on of potential home buyers that would be located adjacent to agricultural uses, and incorporation of buffers into pm ject design, *ill reduce the potential incompatibilities between the residential lanel use and adjacent agriculomal uses. The mitigation measures presented in Mitigation Measure LU -1 are feasible and effo#tive measures to reduce the potential land use conflicts. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measure LU -1 will be incorporated into the projext via conditions of approval, and will reduce Impact LU -1 to a less -than -significant level. Air {Quality ago • : Demolilicm and construction period activities could generate significant dust, edhaum and organic emissions. Uitig*gn*asure g: Consistent with Regulation VIU, Fugitive PMio Prohibitions of the SI VAPCD, *e fall ing contMs are required to be implemented at all construction sites and as specifications for the project. • All disturbed ares, including storage piles, which are not being actively utilized for construc- tion onstruetion purposes, s*H be effectively stabr'lized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. • All on-site unpa*ed roads and off-site unpaved access roads shall be effectively stabilized of dust emissions Ming water or chemical stabilizer/suppressant. • All land clearin�grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of woter or by presoaking. • With the demoli4m of buildings up to six stories in height, all exterior surfaces of the build- ing shall -be wettid during demolition. • When materials #e transported off-site, all material shall be covered, or effectively wetted to limit visible dust etnissions, and at least six inches of freeboard space from the top of the costainer shall b# maintained. • All operations shall limit or expeditiously remove the accumulation of mind or dirt from adja- cent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited excepE where preceded or accompanied by sufficient wetting to limit the visible dust emissions. TJse of blower devices is expressly forbidden.) • Fo flowing the adpition of materials to, or the removal of materials from, the surface of out- door storage pile#, said piles shall be effectively stabilized of fugitive dust enussion utilizing sufficient water cir chemical stabilizer/suppressant. • Within urban areos, trackout shah be immediately removed when it extends 50 or more feet from the site and the end of each workday. • Any site with 15$ or more vehicle trips per day shall prevent carryout and trackout. N:r�.r�.wacmNaVoawtisa.l.��ol.� a Inter 5 VA ASSOCI#TES, INC. CBQA FINDINGS AND STATEMENT OF OWBRRIOING CONSI*19WATIOIIS YewskaR 5000 LODI ANNEIATION.IIR Atldi 1W !Conttol jeaMMs: Construction of the project requires the implementation of control measures set forth ui Regulation VIII. The following additional control measures would further reduce construction emissions and should be implemented with the project- • Limit traffic spuds on unpaved roads to 15 mph; • Install sandbags!rr other erosion control measures to prevent silt runoff to public roadways from sites with # slope greater than 1 percent; • Install wfieel washers for all exiting trucks, or wash off all trucks and equipment leaving the site; • Install wind bre*s at windward side(s) of construction area; • Suspend excava#on and grading activity when winds exceed 20 mph (reprdkss of wind - speed, a* owne*perator must comply with Regulation VIII's 20 percent opacity limitation); • Limit area exca*tion, grading, and other construction activity at any one time; Install baserock art entryways for all exiting trucks, and wash off the tires or tracks of all trucks and equipment in designated areas before leaving the site; and Suspend excavaon and grading activity when winds (instantaneous gusts) exceed 20 mph. Mitigation as a AIR -lb: The following construction equipment mitigation measures are to be implemented at con ction sites to reduce construction exhaust emissions: • Use electric equ%)ment for construction whenever possible in lieu of fossil fuel -fired equip- ment; Properly and roulinely maintain all construction equipment, as recommended by the manu- facturer manual4 to control exhaust emissions; • Shut down equipment when not in use for extended periods of time to reduce emissions asso- ciated with 04 emissions; • Limit the hours 4f operation of heavy duty equipment and/or the amount of equipment in use, and • Curtail construction during periods of high ambient pollutant concentratims; this may include ceasing of cons tion activity during the peak -hour of vehicular traffic on adjacent roadways, and `are The Air Days" declared by the District. Implementation of tl*se mitigation measures would reduce construction period air quality impacts to a less-th*significent level EhIMM figj t A 1: Mitigation Measure AIR -1, which requires the implementation of construction period &st-and exhaust -control measures, will substantially lessors tW projea's short-term emissionsaof dust and exhaust. The short-term air quality measures listed in Mitigation Measum AIR -1 ane f#asible 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 construction projects. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitig*ion Measure AIR -1 will be incorporated into the project via conditions of approval, and will reduce Impact AIR -1 to a less -than -significant level. N:ilm I1ll1'AAf016) 6 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS N"OVEMSER 2086 LODI ANNEXATION EIR 13 Noise ptsct NOISE -1: On-site construction activities would potentially result in short-term noise impacts on adjacent residential uses. Mitigation Measurg NOI-la: Construction activities would need authorization under City issu- ance of construction permits before any work could commence on-site. Construction activities shall be Iimited to the hours of 7:00 a.m. to 10:00 p.m. Monday through Sunday, consistent with the City's Ordinance. Mitigation Measure.NOI-lb: All stationary noise generating construction equipment, such as air compressors and portable power generators, shall be located as far as practical from existing residences. By meeting the hours of construction timeframe and minimizing noise from stationary construction equipment, the project will not result in a substantial temporary or periodic increase in ambient noise levels. Finding for Impact OISE-1: Mitigation Measures NOI-1 a and NOI-1b requires the implementation of neeasures to control construction noise and will substantially lessen the adverse construction -period noise of the project. These mitigations comprise noise -control actions that have been successfully 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 Mitigation Measure NOT -la and NOI-Ib will be incorporated into the project via conditions of approval, and will reduce Impact NOI-1 to a less -than -significant level. Cultural Resources Ipaact CULT -1: Ground disturbing activities at the SW Gateway project areas and Other Areas to be Annexed could adversely impact archaeological resources. Mitigation Measure 'UI T-2: If prehistoric or historic archaeological materials are encountered during project activities, all work within 25 feet of the discovery shall be redirected and a quali- fied archaeologist contacted to evaluate the finds and make recommendations. It is recommended that adverse effects to such deposits 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 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. Mitigation may include, but is not limited to, thorough recording 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) § 15126.4(b)(3)(C)). N:YdniniYaiiaelC]�ICKorri�NAD[Il/E7f200fi} 7 L.SA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMBER 2006 LODI ANNEXATION EIR Findings for IrnpacQCiT-2: Mitigation Measures CULT -2 requires construction activity, within 25 feet of a prehistckic or historic archaeological materials find, to be diverted and a qualified archaeologist to evaluate the finds and make recommendations. Mitigation Measure CULT -2 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 -2 will be incorporated into the project via conditions of approval, and will reduce Impact CULT -2 to a less -than -significant level. knpact CULT -3: Future development projects at the Other Areas to be Annexed could adversely impact cultural resources. Mitigation Measure ULT -3: Prior to the implementation of any future discretionary project within the Other Areas to be Annexed, a cultural resources field survey shall be conducted. If cultural resources are identified in the additional annexation parcels, it is recommended that such resources be documented on the appropriate DPR 523 forms and that adverse effects to such resources be avoided by project activities. If impacts to cultural resources cannot be avoided, they shall be evaluated for their eligibility for listing in the California Register (i.e., it shall be determined whether they qualify as historical or unique archaeological resources under CEQA). If the resource(s) is not eligible, avoidance is not necessary. If the resource(s) is eligible, adverse effects shall be avoided, or, if avoidance is not feasible, the adverse effects shall be mitigated. Mitigation may include, but is not limited to, Historic American Buildings Survey (HABS) documentation for built environment resources and data recovery excavation for archaeological sites. 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 the project applicant, the City of Lodi, and the Central California Information Center (CCR Title 14(3) § 15126.4(b)(3)(C)). Findings for Impacl CULT -3: Mitigation Measures CULT -3 requires evaluation of potential cultural resources in the Others Areas to be Annexed prior to future implementation of any discretionary projects within the area. Mitigation Measure CULT -3 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(aX1), the City finds that Mitigation Measure CULT -3 will be incorporated into the project via conditions of approval, and will reduce Impact CULT -3 to a less -than -significant level. Jo aEt CULT -4- Ground -disturbing activities associated with the project could disturb human remains, including those interred outside of formal cemeteries. LCtiggtiap Measupg C T-4: If human remains are encountered, work within 25 feet of the discovery will be redirected and the County Coroner notified immediately. At the same time, an archaeologist will be contacted to assess the situation. If the human remains 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. N-V.ani.wa" xmuWa arcouNmmwm*mmtUtLdw(iyo w L.$A ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS WOVEMEER 2006 LODI ANNEXATION RJR Upon completion of the assessment, the archaeologist shall prepare a report documenting the methods and results, and provide recommendations for the treatment of the human remains and any associated 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 loss -than -significant levels. Findings faI Impact C11,T-4: Mitigation Measure CULT -4, which requires the developer to adhere to existing law and professional standards regarding the treatment of human remains, will substantially lessen the potential effects of the project on human remains, including Native American remains. Implementation of Mitigation Measure CULT -4 will ensure that human remains are evaluated for their cultural and archaeological importance and are protected from additional disturbance. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measure CULT -4 will be incorporated into the project via conditions of approval, and will reduce Impact CULT -4 to a less -than -significant level. Muret CULT -5: Ground disturbing activities within the project area could adversely impact paleontological resources. Mitigation Measur CULT -S: If ground disturbing activity is anticipated below the project area soil layer, the initial ground disturbance below that depth in geologic units shall be mortitored by a qualified paleontologist. Subsequent to monitoring this initial ground disturbance, the qualified paleontologist will snake recommendations regarding further monitoring based on the initial findings. This can include, but is not iirtiited to, continued monitoring, periodic reviews of ground disturbance below project area soil layers, or no further monitoring. Pre -field monitoring preparation by a qualified paleontologist 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. 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 theta, and made recommendations regarding 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, 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 continue until, in the paleontologist's judgment, paleontological resources 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. IY(I1117r.4=) 9 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMBER 2006 LODI ANNEXATION EIR Findingfor Impact CJLT-5: Mitigation Measure CULT -5, which sets protocol for the identification and protection of unidentified paleontological resources, will avoid the project's adverse effects to paleontological resources. Requiring a qualified paleontological monitor be present during ground disturbing activities below the soil layer will ensure that adequate measures are taken to protect unidentified resources. Requiring construction to halt if paleontological resources 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 verified 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. 2,4 Geology, Soils and Seismicity LmwKtE 0-9-1: Seismically -induced ground shaking at the project area could result in risk of loss of property, injury, or death. Mitigation Measurq GE0-1a: Each project's conditions of approval shall require the project be designed according to the most recent CBC and UBC Seismic Zone 3 requirements, applicable local codes, and be in accordance with the generally accepted standard for geotechnical practice for seismic design in Northern California. Mitigation M asuEjGEO-1h: Prior to the approval of grading plans, the project applicant shall perform design -level geotechnical investigations and incorporate all recommendations into the project construction documents and grading plans. Findings for Imp4q GEO-1: Requiring the project to be designed in accordance with the applicable Uniform Building Code and all applicable local codes is feasible, and will minimize hazards associated with ground shaking within the project site. These measures are commonly imposed on development projects in California and are considered to minimize the effect of earthquakes on new structures. Pursuant to CEQA Guidelines Section 15091(x)(1), the City finds that Mitigation Measures GEO-la and GEO-Ib will be incorporated into the project via conditions of approval, and will reduce impact GEO-1 to a less -than -significant level. Impact GEO-2: The project area contains soils that are moderately corrosive to buried metal objects. Mitigation MeasgN QEQ-2: If the project includes buried metal components, a corrosion engi- neer shall be retained to design corrosion protection systems appropriate for the project sites to be approved by the Community Development Department. Findings for 1=01 GEO-2: The incorporation of a corrosion protection system into the proposed project will help ensure buried components of the proposed project are able to tolerate moderately corrosive soils at the project sites. Pursuant to CEQA Guidelines Section 15091(aXI), the City finds that Mitigation Measure GEO-2 will be incorporated into the project via conditions of approval, and will reduce Impact GEO-2 to a less -than -significant level. N:V1dmi�uvMiaolL7.F.RKK'�ta�dli000NWM h.rw#ERw.do� (11117!2006) 10 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FMVEIMDER 2066 LODI ANNEXATION EIR IMtact GE -3: The SW Gateway site contains undocumented fills which could potentially result in ififferential compaction. Mitiggtion Measurq; GEO-3: Prior to issuance of a building permit for the SW Gateway site, the project applicant shall include the over -excavation and replacement of the undocumented fills in accordance with the earthwork, grading, filling and compaction recommendations of the Preliminary Geotechnical Investigation of the Gateway Residential Development in Lodi, pre- formed by Lowney Associates, November 12, 2044. Findings for im ac GE -3: The City finds that requiring the replacement of undocumented fin will minimize hazards associated with differential compaction at the project site. The implementation this measure will mitigate the potential effects on the proposed buildings and site improvements. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measures GEO-3 will be incorporated into the project via conditions of approval, and will reduce Impact GEO-3 to a less -than -significant level. 2.5 Hydrology and Water Quality Inn�ct HMD-%: Increased runoff volume resulting from creation of new impervious surfaces could potentially exceed the capacity of downstream storm water conveyance structures, resulting ih localized ponding and flooding. Mitigation Memp4r I MD -1: Implementation of the following two-part mitigation measure would reduce potential impacts associated with increased peak runoff volumes to a less -than - significant level: la: As a condition of approval of the final grading and drainage plans for the projects, the Public Works department shall verify that the Master Utility Plan for the SW Gateway site will comply with the City's stormwater requirements. lb: Not to the approval of the final grading and drainage plans for the SW Gateway project and any subsequent development applications that may be proposed for the Other Areas to be Annexed, a hydraulic analysis shall be provided to the Public Works Department for verification that implementation of the proposed drainage plans would comply with the City's storm water requirements. Findings for I a 1MD-1: The City finds that requiring compliance with stormwater requirements and a hydraulic analysis of the proposed project would help to ensure that new runoff from the site would not exceed the capacity of existing conveyance structures. The implementation this measure will mitigate the potential effects of new impervious surfaces. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measures HYD - 1 will be incorporated into the project via conditions of approval, and will reduce impact HYD -1 to a less -than -significant level. IMnact H)21-: Construction activities could result in degradation of water quality of storm water runoff and ground water quality in the Project area. w:w (1110/ ) 11 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMSER 2096 LODI ANNEXATION EIR Mitigation Measures HYD -2: The project proponent for each development project shall prepare a Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential impacts to surface water quality through the construction period of the project. The SWPPP must be maintained on- site and made available to City inspectors and/or RWQCB staff upon request. The SWPPP shall include specific and detailed BMPs designed to mitigate construction -related pollutants. At minimum, BMPs shall 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'%TPP shall specify properly designed centralized storage areas that keep these materials out of the rain. An important component of the storm water quality protection effort is the knowledge of the site supervisors and workers. To educate on-site personnel and maintain awareness of the importance of storm water quality protection, site supervisors 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 be implemented 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 be required during the construction period for pollutants that may be present in the runoff that are "not visually detectable in runoff." RWQCB and/or City personnel, who may make unannounced site inspections, are empowered to levy considerable fines if it is determined that the SWPPP has not been properly prepared and implemented. BMPs designed to reduce erosion of exposed soil may include, but are not Iimited to: soil sta- bilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and sediment basins. The potential for erosion is generally increased if grading is performed during 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 primary 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 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 conditions. The City Public Works Department shall review and approve the SWPPP and drainage plan prior to approval of the grading 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 impact to a less -than -significant level. Finding for ImRacf< HYD -2: Mitigation Measure HYD -2, which requires the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) with both construction and operation -period Best Management Practices (BMPs), will substantially lessen the effects of the project on stormwater quality. A SWPPP is considered by the Regional Water Quality Control Board (RWQCB) to be an effective way to reduce the contamination of stormwater on a project N:Um..ueri�o,l[7�K�eadylrAUNOOM IhwrnEu aoc 41111U 6) 12 LSA ASSOCIATES, INC. CEPA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMIAER 2004 LODI ANNEXATION EIR site resulting from erosion and chemical contamination on impervious surfaces. The adequacy of the SWPPP (including 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 Measure 11YD-2 will be incorporated into the project via conditions of approval, and will reduce Impact HYD -2 to a less -than -significant level. 1WREt YD -3: Dewatering may contain contaminants and if not properly managed could be detrimental to construction workers and the environment. Mitigation Measure HYD -3: Each SWPPP shall include provisions for the proper management of construction -period dewatering. At minimum, all dewatering shall be contained prior to discharge to allow the sediment 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 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 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 IV.I, Hazards and Hazardous Materials, of this E1R, includes a discussion of the Remediation Action Plan (RAP) and Health and Safety Plan (HSP) for the site. Implementation of Mitigation Measure HAZ-4a, HAZ-4B, RAZ -4c, HAZ-4d, and HAZ-4e would ensure the safety of construction workers from hazardous concentrations of contaminants from soil and groundwater. Proper implementation of the mitigation measure described above would reduce this impact to a less -than -significant level. Finding for Imn act : Mitigation Measure HYD -3 requires that the Storm Water Pollution Prevention Plan (S*TPP) include provisions for the proper management of construction -period dewatering. The adequacy of the SWPPP dewatering provisions will be verified by the City prior to the initiation of ground -disturbing activities. Pursuant to CEQA Guidelines Section 15091(a)(I), the City finds that Mitigation Measure HYD -3 will be incorporated into the project via conditions of approval, and will reduce Impact HYD -3 to a less -than -significant level. 2.6 Biological Resources JWaKt RJR -1: Impleawntation of the project could impact western burrowing owl if this species occupies the SW Gateway project site or Other Areas to be Annexed site prior to the start of construc- tion. Mitigption Measur_g BIO -1: Implementation of these measures will reduce impacts to western burrowing owl to a less than significant level. Ia: Prior to approval of grading plans, the project proponent shall pay the appropriate fees to SJCOG, in accordance with the SJMSCP conservation strategy, for conversion of undeveloped lands. El.aa(II/I7rJM6) 13 LSA ASSOCIATES, )KC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDRRATIONS NOVEMAER 7006 LODI ANNEXATION RIR lb: No more than 30 days prior to any ground disturbing activities, a qualified biologist shall conduct surveys for burrowing owls. If ground disturbing activities are delayed or suspended for more than 30 days after the initial preconstruction surveys, the site shall be resurveyed. All surveys shall be conducted in accordance with CDFG's Staff Report on BuiTowing Owls (CDFG, 1995). lc: If the preconstruction surveys identify burrowing owls on the site during the non -breeding season (September 1 through January 31) burrowing owls occupying the project site shall be evicted from the project site by passive relocation as described in the CDFG's Staff Report on Burrowing Owls (CDFG, 1995). 1d: If the preconstruction surveys identify burrowing owls on the site during the breeding season (February 1 through August 31) occupied burrows shall not be disturbed and shall be provided with a 75 meter (250 -foot) protective buffer until and unless the SJMSCP Technical Advisory Committee (TAC), with the concurrence of CDFG representatives on the TAC; or unless a qualified biologist approved by CDFG verifies through non-invasive 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 burrow(s) can be destroyed. Findings for Impact BIQ-1: The City finds that conducting surveys for the western burrowing owl, and adhering to the protocol set forth in Mitigation Measures BIO -la, BIO -lb, BIO -lc, and B10 -1d is feasible and will adequately protect the species should it occur within the project site. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measures BIO -la, BIO -lb, BIO -lc, and BIO-ld will be incorporated into the project via conditions of approval, and will reduce Impact BIO -1 to a less -than -significant level. l et„ H1 : Implementation of the project could impact nesting Swainson hawk or other nesting raptors if these species are present on the SW Gateway site or Other Areas to be Annexed site prior to the start of construction. Mitigation Measure BJO_-2: Implementation of these measures will reduce impacts to nesting Swainson's hawk and other nesting raptors to a less -than -significant level. A: Prior to approval of grading plans, the project proponent shall pay the appropriate fees to SJCOG, in accordance with the SJMSCP conservation strategy, for conversion of undeveloped lands. ,2b: Removal of suitable nest trees shall be completed during the non -nesting season (when the nests are unoccupied), between September 1 and February 15. 2.c : If suitable nest trees will be retained and ground disturbing activities will commence during the nesting season (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 be conducted no more than 14 days prior to the start of work. If an active nest is discovered, a 100 -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. K:wa, ;., xa�R><+ca.anoovwcaM�so.h a�[13/A712 ) 14 L*A ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDLRATIONS IfOVEMERR 1004 LODI ANNEXATION EIR In some instances, CDFG may approve decreasing the specified buffers with implementation of other avoidance and minimization measures (e.g., having a qualified biologist on-site during construction activities during the nesting season to monitor nesting activity). If no nesting is discovered, 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. 2d: If future development of the Other Areas to be Annexed will result in the removal of suitable nest trees for Swainson's hawk or other raptors, Mitigation Measures BIO -3a through BIO -3c shall be implemented. Findings for ImpacLBIO-2: The City finds that surveying for nesting Swainson hawk or other nesting raptors, and adhering to the protocol set forth in Mitigation Measures BIO -2a, 13I0 -2b, BIO -2c, and BIO -2d is feasible and will adequately protect the these species may occur within the project site. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measures BIO -2a, 8I0 -2b, BIO -2c, and BIO -2d will be incorporated into the project via conditions of approval, and will reduce Impact BIO -2 to a less -than -significant level. Uni*ct BIO.3: The project will impact one area of vernal marsh (seasonal wetland). Mitigation Measure BIO -3: Implementation of the following mitigation measures will reduce impacts to wetlands (i.e., vernal marsh) to less -than -significant levels. 3a: Wetlands permanently impacted during construction (approximately 0.02 acres) shall be mitigated through preservation, creation and/or restoration of the impacted resources at a minimum ratio of 1:1. If permits are required by ACOE and/or RWQCB, specific mitigation requirements, if different than described above, shall also become a condition(s) of project approval. 3b: Prior to approval of grading plans, the applicant shall obtain any regulatory permits required from the ACOE and/or RWQCB. 3c: Prior to development of the Other Areas to be Annexed, a formal delineation shall be conducted in accordance with the 1987 Corps of Engineers Wetland Delineation Manual (Routine Method). If wetlands or other jurisdictional waters are identified on the site and will be affected by development, Mitigation Measures BIO -3a and BIO -3b shall be implemented. Findings for Impact BIO -3: The City finds that preservation, creation, or restoration of wetlands permanently impacted during construction, as well as obtaining all necessary regulatory permits, is feasible and will reduce impacts to wetlands within the project site to a less -than -significant level. These measures are considered adequate means of mitigation. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measure BI0-3 will be incorporated into the project via conditions of approval, and will reduce Impact BIO -3 to a less - than -significant level. l�cudme...iaa1LS8RKiI�Cd7NGOMh.ds 43 V 1912006) 15 91 (9001i1LlJl1) �WOONCIO�IIP�1711�i:)��AMuwVM�N -laAaj lueog[u2Ts-uell -99-JI a of E-ZVH loeduq aonpat jjtm pus `jeno idde 3o suotltpuoo etA ;oafotd ay olut p miodtooui aq ll!tA £-ZVH amseaW u00e211M legl spug SID aql `00)16091 uotlraS Vautlapinq VV,yq of luunstnd -uoc;euFmuoa talem io jTos jetlualod gltm paleioosse sxsu aonpat jitm pue amseaul uopeSTlTu1 alq!sea; a sttjl spug �Clt� ag L -suot;oe uotletpatuat ss Ilam se sjeualeui snoptmq isi;ualod 4guapt pjnom paxouuV aq of seatd iatpo mp uo sloafotd luamdojanap ogTaads gi!ta palet3OSSe notle8l;sanut jeluatuuottnua IeuotltPPd :�- 1oe Ito; s ,puTd •slasn to staumo Awdotd am;n;;o Sia;es pue gljeaq m luauluoxiAua aqa ;aaige of jetlua;od aneq lou pinoA% `sjeualeut BuTpjTnq ut luasatd �Cjjepualod solsagse pus peat pue °sosn puej loud wort sawajat Ieualem snopteZeq Aq pa;oage s8ulpjTnq pue `talempunot2 `sjtos imp amsuo o1 `kmssaoau se `uopsSTlsanut jslu==gAua us Elim 4!Z) atp apjAold jjegs lueotjdde loafoid aql `paxauW aq of seatd tow aql uo sloafotd lnautdojanap ogtoads .fie }o jenntdde aql of rood : - ainsuoyq UO [ tlrylj -sptezeq IRIA% paleToosSe N pinoo alts paxauud aq of seaty taglo aq1 jo uotuod Aue jo luatudojanap ?mind :j- la -janaj;ueogtu2js-uegl-ssaj a o; Z-ZVH jmdtuj aonpat il!M pus `jenotdde }o suotltpuoo mA loafold oql olu! paletodtoaut aq jjim Z-Z�H omseaW uopv2pTy1i le 4 spinAto aql `(T}(e)i60ST uotlaaS sauiTaping V033 of lusnsmd -uot;euttumuoo jros jetlualod gljm pawgoosse qsu aonpaz IHTm pue amseaul uope2ptut ajgtseaj a stgl spug Xlto otLL -uotleutumluoo jTos Wqualod gltm paleToosse losdmi a p sompat `janaj ajgsldaooe ue of uotleuTultluoo 3o uogetpzmat of uogTppe uT `tooU liegdse poutels a sapun sjtos 3o Su1;sa,L :Z loe mI io; s 11lpuTd •janaj ajgeadaam us of uotleunueluoa poUpuap! Aur a;etpautat o; ,{mssaaou do-ueajo Cue a;ajdmoo pus 8uipjtnq 028.1ols tapjo op jo tooU ljegdse pautels mp gleauaq sl!os oql ;sal of pannbat oq jjegs lueotjjdde aql `alts;oafotd f.emaleD MS tot stmjd BuTpea to3 jenotddu }o uop!puoo a sd : - atnsuaw uotl tl!w -31e7013 alatouoo pus ljegdste pouMs aptot;sad pautuluoo bo-og-8So Ndd le s�lutppng affetols aptopsad aq L :Z -Z PRO •janaj ltreagtu21s-usgl-ssaj e of I-ZVH loeduq oonpat jlTm pus `jenoidds jo suotltpuoo etA loafotd aq1 olut pamodioout aq jjtM I-ZVH omsu' )N uopegtlglq lel; spug ,Cl!D aql `(j)(e)I60ST uotlaaS sauglapzng daIj of luensmd -janaj;ueogta!s-uegl-ssaj a of poli -ad uotlamnsuoo aql duttnp sjettaleut snoptezeq }o as aql tj;tm paleToosse sDisu aonpat IlyA pus atnseaut uoilu8iuut ajgtseM aj a sT dddS a lsgl spun ,C11D aq,L -pound uot;on n;uoo aql lluunp posn sjeualeut snoptezeq;o ll!ds to Anivai aql gltm paleloosss s;oaJIa jeluautuotTAua aZTu UnU of pataptsuoo st dddMS V :I- lae u1T of s utpu[,q •patmbat St uoTlsBtlTui Ieuotltppe ON •Ianai;usoU!udts-uegl-ssaj a of uoilmmuoa Suunp sasuaja.1 sjeitalem snoptenq jo sloedun jetlualod aql oonpat pjnom (£-QMH pus Z-a;,H somseaw not;e9 -?lTK aas) dddMS pattnbat aql jo uopinuatuajduit pus uotlmmdatd :I atnsvTW uopo tlty�j -lnQ(zluotTAua aql pue `aljgnd aE; `sta)jtom uoilonnsuoa 8utloajje saseajat ui ljnsat pjnoo sap!Apm uopontlsuoo duTmp slEualetu snoptezeq jo jesodsip to `a8stols `asn tadoiduli :I- s sieualeyq snot -16=H pug SPaBZBH CZ n'3 MolavY3MMv Iao'1 94OZ 93GRVAQM Sl IJLT XGTSN03 9MIQINTI3A0 40 1M3W3LV.LS 4MV SONIaN14 Va33 '3141 'S3d.vl30SSv VSi LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS m,ovElMBIR 2606 LODI ANNEXATION EIR Wmd HA -4; Implementation of the SW Gateway project could expose construction workers and/or the public to hazardous materials from contaminants in soils during and following construction activities. MitigAtion Measure„ HAZ4: Implementation of the following five-part mitigation measure would reduce these risks to less -than -significant levels. 4a: Prior to the issuance of any demolition or building permits for the project site, a Risk Man- agernent Plan (RMP) shall be prepared for the project site. At a minimum, the RMP shall establish soil mitigation and control specifications for grading and construction activities at the site, including health and safety provisions for monitoring exposure to construction workers, procedures to be undertaken in the event that previously unreported contamination is discovered, and emergency procedures and responsible personnel. The RMP shall also include procedures for managing soils removed from the site to ensure that any excavated soils with contaminants are stored, managed, and disposed of in accordance with applicable regulations and permits. The RMP shall also include an Operations and Maintenance Plan component, to ensure that health and safety measures required for future construction and maintenance at the project site shall be enforced in perpetuity. The RMP shall include the following Mitigation Measures. 4h: Prior the approval of a building permit, soil sampling and boring shall be done in the historic circular depression area in the western portion of APN 058-040-02 in order to determine the quality of the fill and to determine if hazardous materials are present below the surface. If the soils investigation determines that hazardous materials are present, they shall be removed and disposed of in accordance with applicable regulations. 4c: The soil samples collected from the equipment storage areas (and near the pesticide dis- pensers) were analyzed for Total Recoverable Petroleum Hydrocarbons (TRPH). Oil and grease were detected at elevated concentrations in both samples collected from the equipment storage areas; 12,000 ppm of oil and grease were detected near the 55 -gallon waste oil drums east of the equipment storage buildings on APN 058-030-04 and at 38,000 ppm of oil and grease were detected near the waste oil drums in the southern portion of APN 058-030-04. Both concentrations detected are above the CVRWQCB threshold concentrations based on protection of ground water quality. The stained area is approximately 10 feet in diameter. Prior to the approval of the building permit, oil and grease stained soil in this area shall be removed and disposed in accordance with the recommendations of the Phase I/II. 44d: Six areas of APN 058-030-04 contain old equipment and various piles of debris and garbage, which can potentially leave lead based paint and other hazardous materials residue in the soils beneath the piles. No obvious soil staining was noticed beneath the piles of debris and garbage; however, soil beneath the piles could potentially contain lead based paint and other hazardous materials. As a condition of approval for a demolition permit for the buildings located on APN 058-030-04, the trash and debris shall beremoved. Soils beneath the debris piles shall be tested for lead based paint residues and other possible hazardous materials. If it is determined that lead based paint or other hazardous materials are present in the soils beneath the piles, these soils shall be removed by a qualified lead abatement contractor and disposed of in accordance with existing hazardous waste regulations. N11U37AZM) 17 LEA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMBER 2006 LODI ANNEXATION Elk 4e: The truck scale observed on the eastside of APN 058-030-04 could have soils contaminated with hydraulic fluid, which may contain PCBs. Truck scales often used hydraulic fluid, which can contain PCBs, which can be released during spills and leaks. As a condition of approval for grading plans permit for the SW Gateway site, the soils shall be observed when the scales are removed to determine if there are indications of leakage. If it is determined that leakage has occurred, soils samples shall be collected for laboratory analysis. If it is determined that the soils are contaminated at levels beyond established threshold levels, the contaminated soils shall be removed in accordance with all applicable regulations. Findings for Impact HAZ-4: A RMP 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 RMP, as well as the specified actions listed in Mitigation Measures HAZ--4a, HAZ- 4b, HAZ-4c, HAZ-4d, and HAZ-4e are feasible mitigation measures that will reduce risks associated with the use of hazardous materials during the construction period to a less -than - significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), the County finds that Mitigation Measures HAZ-4a, HAZ-4b, HAZ-4c, HAZ-4d, and HAZ-4e will be incorporated into the project via conditions of approval, and will reduce Impact HAZ-4 to a less -than -significant level. Impact RAZ -5: Many of the parcels within the project area contain hazardous materials that may be harmful to the public and the environment. Mitigation Measure : Prior to approval of any demolition or construction permits, ASTs, pesticides, waste oil, equipment maintenance chemicals, discarded trash and debris shall be removed from the individual project site and disposed in accordance with applicable regulations. Findings for Impar HAZ-,5: The City finds removal of hazardous materials in accordance with applicable regulations 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 approval, and will reduce Impact HAZ-5 to a less -than -significant level. impact HAL : The septic tanks and wells on the SW Gateway sites could potentially create a significant hazard to the public or the environment. Mitigation Measure HAZ76: Prior to approval of any grading, plans or construction permits for each individual project, the wells and septic system shall be properly abandoned in accordance with applicable regulations. Findus for Impagt HA&=6: The City finds removal of septic tanks and wells in accordance with applicable regulations as a feasible mitigation measure and will reduce risks associated with septic systems and wells. Pursuant to CEQA Guidelines Section 15091ja)(1), the City finds that Mitigation Measure HAZ-6 will be incorporated into the project via conditions of approval, and will reduce Impact HAZ-6 to a less -than -significant level. Impact HAZ-?: The reported presence of a possible underground storage tank (UST) within the SW Gateway site could potentially impact construction workers and the environment. 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'83AV :,*88Y Vol LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OV$RRIDING CONSIDERATIONS NOVEMBER 2506 LODI ANN$XATION Elk 2.9 Visual Resources Impact VIS -2: The proposed project would create a new source of light and glare affecting day and nighttime views. Mitigation Measure YIS-2: Outdoor lighting shall be designed to minimize glare and spillover to surrounding properdts. The proposed project shall incorporate non -mirrored glass to minimize daylight glare. Findings for Ira act VIS -2: The City finds that designing outdoor lighting to minimize glare and spillover light and requiring non -mirrored glass in construction of the housing is a feasible mitigation measure and will reduce impacts associated with light and glare to a less -than - significant level. Pursuant to CEQA Guidelines Section 15091(x)(1), the City finds that Mitigation Measure VIS -2 will be incorporated into the project via conditions of approval, and will reduce Impact VIS -2 to a less -than -significant level. SECTION 4: SIGNIFICANT EFFECTS THAT MAY NOT BE MITIGATED TO A DESS -THAN -SIGNIFICANT LEVEL The Draft EIR and Response to Comments document identify several impacts that cannot be mitigated to a less -than -significant level even though the City finds that all feasible mitigation measures have been identified and adopted as part of the project. The significant unavoidable impacts are discussed below. 4.1 Land use 1pad LU: The proposed projects would result in the conversion of approximately 280 (241 uthwest Gateway and 39 Other Annexed Area) acres of Prime Farmland to non-agricultural uses. Lflig_ag9n Measure LU -2: Prior to issuance of a building permit after the first quarter of the building permits for the SW Gateway project _have been approved, or the approval of a parcel or tentative map that would result in the conversion of prime farmland within the Other Areas to be Annexed, the applicant shall provide and undertake a phasing and financing plan (to be approved by the City Council) for one of the following mitigation measures: (1) Identify acreage at a minimum ratio of 1:1 in kind (approximately a total of 211 acres of prime farmland for the SW Gateway project and 39 acres for the Other Areas to be Annexed) (currently not protected or within an easement) to protect in 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 County Agricultural Mtigation program, which is currently being developed, if it is adopted by the County prior to this mitigation measure being implemented (SU); or (3) Comply with the requirement of Exhibit K to the Development Agreement. wv+umaMvr an C7�tic [SII R ouNO�M�Yw6 KnWl.ex nu9r440067 20 *ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDE19ATIONS 41*24R 2*04 LODI ANNEXATION Eft F ,, Im c - : The proposed project would convert approximately 280 acres of prime farmlend. W . e the mitigation treasures would result in Other farmland being preserved, the impact would resain significant and unavoidable. However, pursuant to Section 21091(aX3) of the Public Resoutes Code, as described in the Statement of Overriding Considerations, the City has determined hat this impact is acceptable based on specific overriding considerations found herein in Section 8 below. The proppsed projects would result in a conflict with existing Agricultural Use and ill" Act Contract. Miligifign_IAeasurP U-3: The applicant shall pay all fees associated with terminating a Wil - Hamm Act Contra4t. Ealfts fgE J ggc U-3: The proposed project would conflict with existing Williamson Act Contracts. Vftile they applicant would pay all required fees associated with terminaling a Williamson Act Co*ract, the proposed project would still result in significant impact. However, pursuant to Section 1091(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 0onsiderations found herein in Section 8 below. 42 Tr=gportatietn,�CircWallern and Path As is noted in the Final $3R, the City has the capacity to reduce to a less -than -significant level the i ppacted intersections 4 the project -related and cumulative conditions. However, as is no" in the R, the City may decide not to implement the identified improvement in order to further other City General Platt goats. As *xh, the potential transportation impacts is less -than -significant, but would be significant and dnavoi4le if the City decides not to implement selected improvements. *pact T -1: Implementation of the proposed project would significantly impact the level of service at 15 inte rsectio*s under the Existing with Project scenario. s - : Each of the following mitigation measures shall be implemented to reduce the project's impact on the identified 15 intersectiow: La: Mitigatiop Measure AIR -2 identifies measures recommended by the SJVAPCD's "wide f* Assessing and Mitigating Air Quality Impacts to reduce vehicle trips and associated air quality impacts. Implementation of the same measures would also reduce associate4 traffic impacts. The following are considered to be feasible and effective in further re$ucing vehicle trip generation and resulting emissions from the project and shall be *r lernented to the extent feasible and desired by the City: • Provide pedestrian enhancing infrastructure that includes: sidewalks and pedestrian paths,direct pedestrian connections, street trees to shade sidewalks, pedestrian safety designstinfrastructure, street furniture and artwork, street lighting and or pedestrian s4patlization and signage. • Pr7ovi4e bicycle enhancing infrastructure that includes: bikeways/paths connecting to a b8wway system, secure bicycle parking. urlrma•s 21. � ASSOCIATES, IKC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDBRATIOR6i VEMNER R:OL LODI ANNEXATION RIR • Provid* transit enhancing infrastructure that includes: transit shakers, benches, etc„ street Sghting, route signs and displays, and/or bus tumouts/bulbc. • Provide park and ride lots. 7be iniplo:nentation of an aggressive trip reduction program with the approprialc incentive for non -auto travel can reduce project impacts by approximately 10 to 15 percent. *ch a reduction would help minimize the project's impact. b: The i*plementation of each of the improvements listed in Table iV.13-6 would reduce the impacts to the identified 15 intersections to a Iess-than-significant level. To mitigate t$ese impacts, the project applicant shall prepare a Traffic Mitigation Implerneittation 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 tib improvement, how the improvement will be fielded 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 improveisent, The Plan shall take into account whether an improvement is already programused 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 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 4pproval prior to submittal of a Development Plan application. implementation of Measure TRANS -1a and TRANS -lb, 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 (qty may not choose to implement if a more significant long-term improvement is being planned (im., 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 *ommended mitigation measure. . The proposed project would significantly impact 15 intersections. Whilk the mitigation measures are available to reduce potentii l impacts to a less - than -significant level, the City may decide to not implement measures so as to not conflict with some policies of the General Plan, thus resulting in a significant impact. However, pursuant 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 considoations found herein in Section S below. 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Q3d�'AfS ag L : -may n a q iii •slosanawd auozo 10j awuagcuffis ;o spiogsaxgl Q3dVAM aqi paxmx pinom suoissnua it,umso, paieiai-1aafwd :Z-,gfI a , Igvnb jiv £•ti nnoiaq g uopaa8 ur uiaaag puno; suoiluxapisuoa But AO 3tii3ads uo passq aigeldaaag sr lat,durr srg) imp paunuramp sari ,Cji� agj 'suorjt,xapisu( 3uipuranp;o ivaura183S agl ui pagp3sap st,'apoD saomosag 3iignd agj jo (£(e)160TZ uopoaS o1 muunsxnd `.raAoAtoH •ueid iwauaE) agj ui paypuapi saiaiiod autos giro% m3iijuoa jou o) se os saxnsuaur iu=aiduzi iou of papiaop ,( ur ,(j!D aril `lanai lut,3giu2rs-uBgl-ssai a of siauduzi [equaiod aanpal of aiquir8ne axe saxnsuaut UOpR31)rru aqi aiigAJ •opeua39 anr)t,inum3 aqi ui suor132sxalui 61 imduzi 91jut,agiu.Sis pinom j3aford pasodoid aqi, :-5NVdjL 13MMI Jqj Mipuld '(22ut,gaaaiui 66 )ISlaut,'I ut,urai)la}i 941 JO uoiianamsuoaax'•a-r) pouut,id fuioq si ivauxanordrur urja1-Suoi;ut,agiuRis axom t,3) luaruaidmi of asoog3 jou Aew fx3 agj jt,iil suopnios uuaj-Bogs ant, pogiivapi sluautanotduq aqi jo autos Aiit,uoilrppv •ait,as ueixisopod azist,gduza Imp sapiiod ueid Iexauao -V jo autos EVim 3oiguoa pinotA g3igm 'aiigouro)ne aqi of pa3ulwpo 001 si it,gi ,Cmiunuiutoa 8 spi8nnoi Sutpuaq piont, of lapin ui sjuaujanoiduri lamas luaujaiduji iou of 2pr3ap ,(t,rrr ,Eitj a[i) 'lanai jueagiuffrs ut,g)-ssai t, o) P2101jiru aq Pino3 )8111 suoi132s.ralui agi JOJ •uoilipuoa anil8inrunj 0£OZ aqi ui palot,dLui ,Cpuu3giu2is aq pinom it,gi saan3asxalui 61 aqi je janai jusogn$rs-twgi-ssai a of uompuoa anij8[ntunD of uoun%wo3 s.laafoad alp apgor u pinom `gi-Si VjU pus eT-SKV-djL ams8aW jo uoi181uacuaiduzj : -S ,I .inseaW u g ni •orxeuaas 2ntieinu1n3 0€0r oql .spun suoii3asiajtti 61 le SO -1 mp lwdun ,(ptmjg!ugrs pinom )aafold pasodoid aqj}o uopmuaui*uq :Z - M JWcq H13 NOILVXANNV Wo'1 0009 M2GK3AON 9%oi.LvvzaIsNOj OMW(1[8940 dO 1KgW8dYLS QIQV SOMIGN1d VD:13 ',NI 'S8LVI3OSSY Vol LSA ASSOCIATES, INC. CEQA FINDINGS AND STATENENT OF OVERRIDING CONSIDERATIONS NOVEMBER 2*06 I.ODI ANNEXATION-EIR 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. Finding for Impact ,►IR -2: Implementation of trip reduction measures, such as providing transit facilities, sidewalks, and bicycle enhancing infrastructure, would reduce vehicle emissions by approximately 10 to 15 percent. However, this reduction would not be sufficient to reduce ozone precursors to below 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 measures are not socially or politically feasible. There are no other feasible measures that would reduce vehicle emissions 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, the City has determined that this impact is acceptable based on the specific overriding considerations found in Section 8 below. 4.4 Noise As is noted in the Final EIR, the City has the capacity to reduce to a less -than -significant level the impacted intersections in the project -related and cumulative conditions. However, as is noted in the Elft, the City may decide not to implement the identified improvement in order to further other City General Plan goals, As such, the potential transportation impacts is less -than -significant, but would be significant and unavoidable if the City decides not to implement selected improvements. Impact NOI-2: Local traffic would generate long-term noise levels exceeding Normally Acceptable and Conditionally Acceptable noise levels on the project site. Mitigation Measur�NOI-2a: A 6 -foot -high sound wall shall be constructed along the rear prop- erty line of all lots adjacent to Kettleman Lane, Lower Sacramento Road and Harney Lane. Mit., gation Measure NOI-Zb: Mechanical ventilation (such as air conditioning) shall be installed in the proposed residential units adjacent to Kettleman Lane, Lower Sacramento Road and Har- ney Lane so that the windows can remain closed for prolonged periods of time. . Mitigation Measure N01 -2c: Windows with a minimum STC rating of STC 32 shall be installed in all units directly exposed to Kettleman Lane, Lower Sacramento Road and Harney Lane. Minion Measurl N01 2d: A sound barrier with a minimum height of 5 feet is recommended for all upper floor outdoor use areas directly adjacent to Kettleman. Lane, Lower Sacramento Road and Harney Lane. 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. Findings for _1 gg NOI-2: Local traffic would generate long-term noise levels exceeding Normally Acceptable and Conditionally Acceptable noise levels on the project site. While the mitigation measures are available to reduce potential impacts to a less -than -significant level, the City may decide to not implement measures so as to created walled communities, thus resulting in NLadmeearias,aFJUflCrslIICOGNCOM.oMh.r.REw,doc,l VIMO 6j 24 LOA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMBER 2004 LOD] ANNEXATION EIR a significant impact. However, pursuant 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. 4.5 Visual Resources b]pwt 33S-1: The proposed project would degrade the existing visual character. Mitigation Measure VIS -1: No mitigation is available to reduce this significant and unavoidable impact. Findings for ImpacQVIS-1: The proposed project would result in the conversion of farmland, which would degra4e the existing visual character; there are no mitigation measures available to reduce this impact to a less -than -significant level. However, pursuant 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. 4.6 Growth Inducement bpW GR031TH-1: Potential growth -inducing impacts associated with the project's ability to facilitate development to the west if the City decides it wants to grow west. Mitigation , easur GROWTH -1: No mitigation was identified to reduce this potentially significant and unavoidable impact. Findings fgl lWgaGROWTH-1: The proposed project could result in the growth -inducing impacts by facilitating development to the west if the City should decide that it wants to grow to the west. However, pursuant 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. SECTION 5; EFFECTS 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. SA Mineral Resources The City of Lodi Geneeal 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. W%Ad"wKialgpRKCmngICOUNMP&&L ..o.EBtad.(I 1117=5) 25 LBA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMBER 2006 LODI ANNEXATION EIR 5.2 Population, Employment and Housing The City of Lodi Housing Element was adopted by the City in 2004. The Housing Element anticipated the development of SW Gateway site. 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: SIGMFICANT CUMULATIVE EFFECTS The cumulative analysis 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 Draft EIR. 6.1 Land Use and Planning Policy The proposed project includes the development of the SW Gateways project site, as well as the annexation of other parcels within the City's Sphere of Influence. While no development has been proposed for the additional annexation areas, it is assumed that these sites would be developed in the future at an average density of approximately 7 units per acre. 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 PIan 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 Final EIR, 19 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 IV.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. &3 Air Quality A number of individual.projects in the City of Lodi may be under construction simultaneously with the proposed project (sae list above). 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. Currently, the San Joaquin Valley is in non -attainment for ozone, PMIo and PM2z 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. !!F.{Ad,mNVMioa�1NO0MH�u1kwCSJPr.Aa 41 1/17 MN) 26 LSA ASSOCIATES. INC. CRQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS KOVEMRER 2066 LODI ANNEXATION EIR 6,4 Noise finplementation of the proposed project and cumulative projects would result in noise increase in the City of Lodi due to conruction-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 Psileontological 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 cuntulative 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. 6.9 Biological 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 N1. Adm i.rU—V2ERk'Cm rCDVMMkfl/a+n. WMP-dm(I1117rAft) 27 LRA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 110VEMEEA 2006 LODE ANNEXATION EIR 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 SIMSCP 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. CIO Hazards and Hstzard©us 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. (.11 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-than4ignificant 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 be required to pay its fair share to construct any improvements needed to serve the project, and would therefore not contribute to a cumulative impact. 402 Public Services Development of the proposed project, in conjunction with planned future area developmnt 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 treasures. 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 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 SW Gateway site 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. [MAan..rsimq,�AlOu�oovNooMVt�L. a.trs nvI7r=) 28 LRA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NibVEMEER 2906 LODI ANNEXATION EIA 6x13 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 tothe 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. &13 Energy Implementation of the proposed project would result in an increase in energy consumption. Demolition and construtttion activities associated with the project would result in the nonreversible use of energy resources such as fuel and bound energy in the forth of construction materials. The installation of the new electrical substation, located on a parcel adjacent to the north portion of the SW Gateway site and south of 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 its 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 parks and schools within walkable distances from the resi- dential areas within the project sites would reduce vehicle miles traveled associated with the imple- mentation 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 focuses on the development of the Westside and SW Gateway project sites; it is assumed for each of these alternatives that the Other Areas to be Annexed would not be developed at this time. The City Council hereby concludes that the Draft EIR sets forth a reasonable range of alternatives to the SW Gateway 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). H:M,(I LeI7f10061 29 �1 ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDROATI0*6 VELD;ER 2*84 LOD) ANNEXATION-WIR ?J.1 No !'roje/NeAltertsative. The No ProjectJNa Build alternative assumes that the p�Eoject parcels would ggerrally remain in their existing conditions and would not be subject to *velopment, Under thin alternative, the project parcels would not be incorporated into the City of Lodi, and existing agriciltural use of the project site would continue. There would be no structures ristructed on the proje*t parcels, and all existing structures would remain. The schools, aquatic c ontear, pants, and park resins would not be built. Rndlm. The No Proj�o Build alternative would not achieve any of the objectives for the SW teway project. This ative would not result in the significant unavoidable covimnmenW i0opact related to impler6entation of the project. However, the No Project/No Build alternative would wt result in the construotion of any housing or recreational facilities. Therefore, the City rejects the No Project/No Build alt4mative. 1J.2 AgAcultwai Res)dential Alternative. The Agricultural Residential alternative would Tetain Me agricultural charact of the pmject site, and would provide residential housing at a density of 1 Coit per 20 acres. A den ty bonus would be granted which would allow 1 additioeal unit per 10 acres. Tis would result in 40 units on the SW Gateway site. Agricultural uses would still occur on the project site, but the acre►ge would be reduced so as to accommodate the 40 units. The SW Gateway larcels would be annexid by the City of Lodi. 'iasis alternative would int include the construction of any schools on the project site.. The aqutic enter and some park at a would be incorporated into the project site. However, so park/mins would b* included on the project sites. nVis' . The Agricult4al Residential alternative would not achieve the following objectives of the op©sed SW Gateway project: southww Q1tewa nDP • Develop a dive*ity 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 school site that would serve future residents of the proposed pt+oject as well as oder Loch resints. • Develop an" Xstrian pedestriantbicycle spine" within the project site that connects to recreational an amenities further south of the project site. • Provide adequ* basin capacity for storm water detention. The alternative would nkult in the creation of significantly weir housing units atsd recreational 6cilhies. Additionally, s alternative would not provide school sites or the same amount of mcreational facilities. 71herefore, the City rejects the Agricultural Residential Alternative. 7.1.3 The Redeced Diity Alternative. The Reduced Density alternative would reduce the density of the SW Gateway pr t. The SW Gateway site would have approximately 661 low density homes, which would average three units per gross acre. The SW Gateway site would include approximately 30 acres of parim and pirk/basins, but would not include a school site. f 1 Yli4my 30 LEA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMBER 2006 LODI ANNEXATION EIR nd' s. The Reduced Density Alternative would not achieve the following objectives for the SW Gateway project: • Develop a diversity of high quality housing types to meet housing needs within the City of Lodi. • Provide affordable housing options within the City of Lodi. • Develop a school site that would serve future residents of the proposed project as well as other Lodi residents. • Provide adequate basin capacity for storm water detention. When compared to the proposed project, the Reduced Density alternative would result in a reduction in the number of units and number of school sites. Therefore, the City rejects the Reduced Density Alternative. 7.1.4 Increased High -)density Alternative. This alternative would change the mix of housing units on the SW Gateway parcels. These parcels would have low density units at a density of 3 dwelling units per acre, and high density units at a density of 25 dwelling units per acre. The SW Gateway site would include the following components: 459 low density units (153 acres); 1,000 high density units (40 acres); one school she; and 30 acres of parks and park/basins. indin s. The Increased High -Density alternative would meet all the objectives and would result in a total of 1,459 units on the SW Gateway parcels. However, this alternative would not provide any medium density housing options. The Housing Element discusses the desire for a mixed of residential land uses, which this alternative would not provide. Therefore, the City rejects the Increased High - Density alternative. 7.2 Environmentally Superior Alternative CEQA requires the identification of the environmentally superior alternative in an EIR. Of the four alternatives analyzed above, the No Project/No Build alternative is considered the environmentally superior alternative in the strict sense that the environmental impacts associated with its implementa- tion would be the least of all the scenarios examined (including the proposed project). While this alternative would be environmentally superior in the technical sense that contribution to these afore- mentioned impacts would not occur, this alternative would not meet many of the project objectives. In cases like this where the No ProjectlNo Build alternative is the environmentally superior alterna- tive, CEQA requires that 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 majority of the site would remain in agricultural production. This alternative would result in signifi- 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. N:11Grta leeY7�RIC1Ca�1PCOlA�G� rw+tEOV.doc 0 V1712u*) 31 LiA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOVEMBER 2006 LODI ANNEXATION EIR nd"n s. 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 further adopts the specific overriding considerations found in Section 8. SECTION S: STA'T'EMENT 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 impacts are not avoided or substantially lessened. Those reasons trust be based on substantial evidence in the EIR or elsewhere in the administrative record.3 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. b. The project will provide affordable housing options within the City of Lodi c. The project will provide park areas and recreational uses and funding therefore that help meet park standards within the City of Lodi. ' CEQA Guidelines, Section 15093(a) s CE(2A Guidelines, Section 15093(6) : � (I 101712M) 32 LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATION5 NOVEMEER 2006 LODI ANNEXATION EIR d. The project will inchided a school site 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 adequate basin capacity for storm water detention. g. The project will ensure orderly development pursuant to LAFCO standards. h. The project will avoid creation of a County island. L 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 taxes 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. m�amn�.us�on�a a5llxoinrcoM�saiip*r�Eu.�c a vnraoae) 33 ATTACHMENT B MITIGATION MONITORING AND REPORTING PROGRAM ATTACHMENT B MITIGATION AND MONITORING REPORTING PROGRAM This Mitigation and Monitoring Reporting Program (MMRP) lists the mitigation measures recommended in the Lodi Annexation E1R for the proposed projects and identifies monitoring schedule, mitigation respopsibility, and monitoring procedures. Monitoring and reporting details are only provided for mitiga- tion 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 Paleontological Resources analysis. The first column of Table 1 provides the mitigation measure(s) as identified in Chapter N of the Draft E1R 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 responsible for ensuring that the mitigation treasure is implemented. N:U�tidl�ian IL�Ca1rt+HODl1NIOd�fSurh�C doe 01117A000 LSA ASSOCIATES, INC NOVEMBER 14106 Table 1: Mitigation Monitoring and Reporting Program MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNEXATION EIR N:%A&Mnith*imMCLHRI —� dPCOUNCOMLSmMh.e EMt,d.(I 1 11 771 0 0 6) N ntlon Mordtating Revortine Monitoring Mitigation Monitoring Procedure Comments Datel Mitigation Measures schedule Initials A. LANA USE, AGRICULTURE AND PLANNING POLICY LL- 1: To reduce agricultural/residential land use incompati- Prior to approval of Applicant The project applicant shall pre- bilities, the following shall he regtftH: Im Poe: a. The applicant shall inform and notify prospective buyers recordation of the Final a) A disclosure notification 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 be reviewed and approved by that the residence is located in an agricultural area sub- the Community 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 be 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, be 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 agriwltural be notified of the City of Lodi and the County of San operations; and Joaquin night -to -Farm Ordinances. c) A detWled wall and fencing b. The conditions of approval for the tentative maps) 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 landscaping, wall and fencing plan for review and approval by the Community Devel- opment Department. N:%A&Mnith*imMCLHRI —� dPCOUNCOMLSmMh.e EMt,d.(I 1 11 771 0 0 6) LSA ASSOCIATES, INC. NOVRMRRR 7666 MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNRIATION RIR xue�,�s.r.I.,nrc[maNCan+col�Asnen.�Pnm.es I I InannaS Monitoring Mitigation Monitoring Procedure Comments Date/ Mitigation Measures Ott RespohmmutyInitials 1L1-2: Prior to issuance of a building Prior to issuance of a Applicant The applicant shall either: permit after the first quarter of the build -t �r ing permits for the SW Gateway project the of the (1 j have been approved, or the approval of a PPro aPPro combined 5W Gateway Identify acreage at parcel or tentative map that would result bigidi"Jt bgYe i minimum ratio of 1:1 in kind in the conversion of pritne farmland been approved. VpftJffrftXWy a total of 241 acres within the Other Areas to be Annexed, f prim farmland for the SW the applicant shall provide and undertake 3ateway project and 39 acres for a phasing and financing plan (to be ap- he Other Areas to be Annexed) proved by the City Council) for one of purrently not pW9cWd or within the following mitigation measures: In easement) to protect in xrpetuity as an agricultural use in (1) Identify acreage at a mini- i location as determined mum ratio of l: l in kind (approxi- ippropriate by the City of Lodi in matey a total of 241 acres of prime witsultation with the Central farmland for the SW Gateway pro alley Land Trust; or ject and 39 acres for the Other Ar- eas to be Annexed) (currently not (2) protected or within an easement) to With the City protect in perpetuity as an agricul- Council's approval, comply with Lural use in a location as determined the requirements of the County appropriate by the City of Lodi in Agricultural Mitigation prograuy consultation with the Central Valky whkh is currently being Land Trust; or developed, if it is adopted by the County prior to this mitigation (2) With the City Council's ap- measure being implemented. proval, comply with the require- ments of the County Agricultural Mtigation program, which is cur- rently being developed, if it is adopted by the County prior to this mitigation measure being imple- mented (SU); or (3) Comply with the requirement of Exhibit K to the Developtnent Agreement. xue�,�s.r.I.,nrc[maNCan+col�Asnen.�Pnm.es I I InannaS LSA ASSOCIATES, INC. NArRMMRR Eee6 MITIGATION AND MONITORING REPORTING PROGRAM 1101M AM'WeXATION RIR Mit#gatlon Mersynrea �MM JIM mewadn ft"Ce*we comma" b" 111tlll 6 j. 2; The applicant shall pay all fees associated with termi- Prior to lstatonce of Applicant The applicant std pay all fees miff a Williamson Act Contract. how" OWN" lbr aaiaar itltbil ar040"hooft ■ structures on parcels Williamson Act contract WHIZ active 1>iffiamson A.'i'RA13'1viC AND CIRCULATION X5:1: Each of the following mitigation measures shall Prier b Te9"a d" Applicant The prsject apptiwtrtt shat;: be implemented to reduce the project's impact on the identi- Subdivision Map 1) im ►lemerst the identified fkd IS btersections: OPPI 0 ni t I sed 1j: Mitigation Measure AIR -2 identifies measures recom- 10311116109 desired by mended by the SJVAPCD's "Guidefor Assaasing and the City; and Mitigating Air Quality 1&gw1s to reduce vehicle Stipa 2) Prepare a Traffic Mitigation and associated air quality impacts. Implementation of station and Financ- the same measures would also reduce associated traffic itg ihn (ftr mvie:w clad impacts. The following aro considered to be feasible and approval by Sts• CiWity effective in further reducing vehicle trip generation and Cetmcil) and implement the resulting emissions from the project and shall be imple- iamfifted improvemms. mented to the extent feasible and desired by the City: Provide pedestrian adiancing it*astructure that includes: sidewalka and pedestiflan pallia, ftitt pedestrian connections, street trees to shade d& - walks, pedestrim safety street f umare and artwork, street lighting and or pedestrian agnalization and aigtW. • Provide bicycle enhancing infrastructure that in- cludes: bikewayslpaths connecting to a biltewray system, secure bicycle parking. • Provide transit etdraaking 0 afivabean dist ;o- chres: tretsit shelte m benches, etc., stmt h0t- ing, route signs and displays, and/or bus tut9h- outsbulbs. • Provide park mad tide lots Ilse implementation of an aggressive trip refit prbp m with tate appropriate incentives for neat -auto travel CA" reduce orolect irnnacts by armroximateh* 10 to 15 pateentt. 4 NtiAewl.MaulenY7�u�11Cb[A+CDMImnwr..e�Re.eoe tl Int/iee11 LSA ASSOCIATES, INC. NOVENDER 7666 MITIGATION AND MONITORING REPORTING PROGRAM LOD1 ANNEXATION EIR N.i14d1ei wmkoNcLouncmm.w4onUNOOAt4k.OrwmEMdw 11111702M Monitoring Sdmdde Mk4*1W Manitorit Pro"dure Carnan e" Date! Such a re&ctienu would help ridnindze the project's impact. jb: The iiaapkd+eattsrien of each of dw *Vw iartertts fisted in Table IV.B-6 would reduce the impacts to the iden- tified 15 intersections to a leas -than -significant level. To a Traffic Mitigatkm Implementation and Financing Plan that details each of the physical improvements and the dining grad geernetric che"es Hood in Table 1V.B-6 for both Ow Exisong t Project and CwmLdadve scenanos (cunmistive tb address Impact TRANS -2), who will be responsible for implementing the isq"vement, the applicant's fair share contribution towards the improve- raeK how the twIproventent will be funded including a reimbursement program where appropriate; and the schedule or trigger for initiating and cotnpleting con- struction prior to the intersection operation degrading to an unacceptable level. The Plaut may include an armual monitoring of the intersections as a method for N.i14d1ei wmkoNcLouncmm.w4onUNOOAt4k.OrwmEMdw 11111702M lel hl C r u r-+ N�a a � a o t= WZ' )Eo Cp w p � Z ToCO G��C� 3��'So �'ieucg���F�dc ��F•V� p� '��. ^' F � 7 7 p � �e � � b �_ ' O � "�' M '� aS � pip �' C � °� C� CSC .•-, Sr z � � •w i� C ,,, > O 'bw [6 u ° Q o. `=' U] N ""' � c '-' � b y O �" .� `.0 O •.�. G � .� � ..� a+ � Ora v, � LL a� _O E y a�o�ca�u❑U �,° our �ca�E>,�aEU[,�a�"pp:c'�d�a 'C C .Q �U &o G. G F ✓+ > i7 w N c 'roc p•�° �• °ate o•-,-ooE3$a�q' rL s.. `.' •espy � i C c0 w •� C� m .f? U t� G G. Car OA O 61 04 Li .%i �. O� LIQ C+ C .� Qi N •l{i to O Fat• ��� a LSA ASSOCIATES, INC. NOVNM56R 20116 MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNNNATIOX NIR MW W-0 -0 WIHMW CI --I Do AM NkMa PlowdFa the aetomobile, which would oonflict with soon of ileo by ilea CttCky General Plan policies that emphasize pedestrian scak. Caaaci t the Additionally some of the improvements identified an short- ident tied improvements. term solutions that the City may not choose to inipkawit if a snore significant long-term improvement is being planned .e.; tlhEKA■1.. change). G AlA UAL — > Consistent with Regulation VIII, Fugitive PMIS Dut ing demolition, Construction City of Lodi 6—Ma DivWon Pidtibiticas of the SNAPCD, the following c omrols ate grtrfftg and owe- her Off, as 0000W da pad - required to be implemented at all oonsftwAan sites and as tion odically conpdt with mon specifications for the project. reaptaaW42"ve s to enstae teey • All disturbed areas, including storage pike, which an not codiply with this rerptinment. being actively utilized 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 acoess roads shall be effectively stabilized of dost emissions using water or chemical stabilizedrhppressant. • All land ckariag, gredrbing, scraping, excmatioe, land leveling. grading, cert Ad fill, sad demolition wtivities shall be elftedvely oermeh#adtath**,M dot emfiwam utilizing application of water or by pre soaidog. . With the demolition of buildings tip to six stories in height, all exterior surfam of the NdIding shall be wetted during demolition. . When materials are transported off-site, all material shall be covered, or effbCtively wetted to limit vlafble dust emissions. and at lost six inches of fiuboard apace from the top of the container shall be maintained. N:Udminir'rim NIReex (I IlI WMI 7 LSA ASSOCfATES, fNC. NOVEMBER E904 MITIGATION AND MONITORING REPORTING PROGRAM LODI ANN6xATION BIR N:%AdMd 6Mdw (Iln'rMM • All operations shall limit or expeditiously remove the accumulation of urad or dirt hon VMk ofto at the end of each workday. [The use of dry rotary brushes is expressly prohibited except where prem or acbem- sions. Use of blower devices is expressly fotiddm.) • Following the addition of materials to, or the mrnmval of materials from, the surface of outdoor storage piles, said piles shah be effec ively NAM"oi ally fis- sion utilizing sufficient water or chemical stabi- lizer/suppressant. Is Within urban areas, trackout shall be imrttediately removed when it extends 50 or more few from the site and at the end of each workday. • Any site with 156 or more vehicle trips per day shall prevent carryout and trackout. Construction of the project requires the implementation of control measures set forth under Regulation VIII. The following additional con&W measures would further reducie construction etnissions and should be implemented with the project: tr Limit traffic speeds on unpaved rash to 15 mph; • Instill SKUR"s or other erosion Control meawres to prevent silt runoff to public roadways 11oom sites with a slope greyer than 1 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 exccod 20 mph (regardless of windspeed, an owner/operator hxugt comply rwkh Regdadw VM's 20 pwn=t li ; N:%AdMd 6Mdw (Iln'rMM LSA ASSOCIATES, INC. NOVEPIOER 20.6 MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNAXAT1ON E111 N:V4.1111 (Ilna7eel► 9 bh"W#q� • UrMrrt area excavation, tl � mW abhor construction sadvity at my eats ties; • Install baserock at entryways for all exiting trucks, and wash off the tires or tracks of all trucks and equipment in Weldw do As' nd • Suspend excavation and grayling activity when winds (*StsntWgg= gime) exceed 26 mph. Alit-Eb: The following construction equipment mitigation tesaattres ass to be , - is , 0 a , , at eaalrl kw1iea am to reduce construction exhaust emissions: • Use electric equipment for construction whatever possible in lieu of ioesil iirel-fired equipm m; • Properly and routinely maintain all construction equip- quipmeet, ment,as recongnended by the Manufacturer rnsousls, to control exhaust emissions, • Shut down equipment when not in use for extended peri- ods of time to reduce endssions associated with idling emission; • limit the hours of operation of heavy duty apripment and/or the amolmt of erpripadatt in tae; and • Curtail construction during pe: of high int pollut- ant aoaentwatk". -, this may iedoearir's of corurrtrrrc- tm acbvity *Xft the pwa-haat of Vamular traffic on adjacent roadwtys, and "Ilme The Air Days" declared by the District. Implementation of these mitigation measures would reduce construction period sit quality impacts to a gess-t�adt- . hw�el. N:V4.1111 (Ilna7eel► 9 LSA ASSOCIATES. INC NOVP,MRER 2096 MITIGATION AND MONITORING REPORTING PROGRAM LOD1 ANNEXATION EIR N:UdminlwrionlCIFARVCayndIK�11NebMdeulR�xeMSlAb.doe (I Ill7ll006i 10 Monitoring Mitigation Mordtortng Procedure Comments Date/ Mitiipdon Measures S k NitsIaieNa AIR -2: The S]VAPCD's "Guide for Assessing and Prior to tentative map Applicant City staff verifies that reduced Mitigating Air Quality impacts" identifies potential approval vehicle trip gnn 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 be 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 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 turnoutsibulbs. • 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:UdminlwrionlCIFARVCayndIK�11NebMdeulR�xeMSlAb.doe (I Ill7ll006i 10 LSA ASSOCIATES, INC, NOVEMBER 2006 MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNEXATION EIR Mitigation Measures Monitoring Sdaiutk M11140fim Monitoring Procedure Comments Date/ 6timb D. NOISE N01- I a: Construction activities would need authorization During demolition, CortaMIction City staff verlfles that c oue- under City issuance of construction permits before any work grading and con- Manager tion activities occur during the could commence on-site. Construction activities shall be struetion allowed hours of construction limited to dte holo& of 7:00 am. to 10:00 pan. Mooftactivities. -through Sunday, consistent with the Cit 's Ordinance. N01 -lb: All stationary noise generating construction equip- ment, such as air compressors and portable power generators, shall be located as far as practical from existing rcakkoce& 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. NOl-Za: 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 Kettlernan lame, certificate of occupancy Manager fied mitigation measures have Lower Sacramento Road and Harney Lane. been incorporated into the project plans. N01- : Mechanical ventilation (such as air conditioning) shall be installed in the proposed residential units adjacent to Kettleman Lane, Lower Sacramento Road and Harney Lane 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 Kettleman Lane, Lower Sacramento Road and Hartle Lane. NO1T2d: A sound barrier with a minimum height of 5 feet is recommended for all upper floor outdoor use areas directly adjacent to Kettlenm Lade, Lower Sacramento Rood and Harney Lane. 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:ua„n,;�r�+cl�Rx�c��snceuN�ol.na.�h.�rRnm.�n;nmm61 1 � lomm NIII �p'41IIBI WnS1WQ7W1[1."1Wp�°]UO�L]I�°Ilw!W�WY1N 418 NOIlY119NNY lGo'I 96YZ 218RW3A0N W VILDUMd JNI.LtLOd3h 3NIN011NOW UNY NO11Y:1IJ.1W -JNI 'Sd.IYI`JOSSY YS "I ao lwyolslq 3!l9n iatlpagm pou!UMQP aq 119491! uajs!sag e!tuo;!paZ) 3113 u! gut jo;1(j!l!q!2!!a rayl jo; PWMfBA2 aq 11949 AMP `PQP!ows oq louuso saomo= luuulno of sl3eduu!;1 -sa!j!Apm loofoud Aq popwAe Qq saamosa.E yons of slog;;a asianpe )Elan PUB suuo; £ZS lido olupdoiddu atp uo paluatunoop 3q saamosa>t tpns let{i papuaunuoow s! 1! •pagljuop! aq saoanosai lem Ino paxauuy 'slamed ua!3exauue !euo!j!PPe aq1 vi pag!juaQ! aye sa3mosai PPURF uoTj3e pue uo!lslumnow aq of MV X XW 441 193n11W 3I 'PapnpjW aq 119gs ,(aeras play saamosai lvmin3 iadojd 4YQA 11914s pus sllnsaa AOA 3usagddV uUmm mfoid Anuo! . ppm 132foid ,moil -ms plan A+a!Aat llegS 11919 M!Z) n3afold -2i3s!p ,cum 01.1o!jd -ams!p aunlcEl .Cue;o uo!jeluawaldUl! agl on IOU: - i II13 '(0) £ b'9Z1S1 (E)vi QP!.L ?Ijz)) Iowa uOgmwo;ul s[uio;!leo le4u*D agl pm '!Por, jo 141:) otp 'qD4 of palluugns oq Il9gs ssu!puy;o uodai a ptle '3PoA► tiaAo= ellep 3111$u!ual2oq of loud paldopo pule paaedold usld ICsaeoaai slsp E Aq pap!ng aq 3snw uol)eAwxa 2tp 'olvooiddu s! UOPRA oxa tiaAO= s10P )I 'uo!leAeaxa ,4aAoaai TWp ao (£ZS 21dQ) sPlO= £ZS ttuo; uOwm3oll PUB Sind ;o luau Wd4a uo 3u!pjo3 -W g2noiog3 'o1 paj!w!I lou s! inq 'apnlou! I(tw uopt-SiM 'p21eS!7!tu aq 9101414 S)"J32 asiaepe ayj 'alq!sea; lou St 23UBp!oee;! 'so 'sl32;,la aslanps Aq pap!OAV aq llsgs Xayl 2lq!8!12 ane spsodap a43.11 'kmssaoou jou s! aou0p!oA0 'alq -!%12 lou aye si!sodoP aqj JI '(V?)UD tapun soomosai 1231201 -oaeq= onb!un ao le3u(nssy se .S;!lenb Xayl iaglagxL pau!w -lar-9 aq Issgs j! '•a•!) aal9122g E!lUo;!IEz) alj uo Supsil io; 1!1!q -!s!la Jtayl xo; p3jenlEAa ag Iseys A24j 'PQQ!oee aq JOuu03 sl! -sodap tans ;l soij!Aim loafoul ,(q p2p!oA0 oq sl!sodop Bans of sloa;;a asi3ApE 10141 p0pu2ultu03al st 11 'SU0llUPU3WEu0 •aj!suo Paglluap! oq stapoletu -= 33FW pUe split,; ayj 210np3Aa of p013MU00 js18010aeq= leo!soloaegole auols!y 30 Duo) uo!j pagllenb E pue P3joa1!paI aq IIEys fJOA03stp 341 JO jaa; -s! Pyle Ira!waEW - `un!p9 SZ W;N�► ► 119 `t l3afold $tilanP p�a3uno3Ua are Pula al!s all )!SIA hells JJEls Aj!z) uopamsuoj 'uotl!louiap SuUn(l sl0!12l0w IE3!$oloaeyoi0 ouols!14 io ouojs!gaad;l :—Z-= MvfIom `IVz)IJo'io,LNo3'IVd QNV'IVIIfLL`Ifla'a I "Inmw /alga sluatuuura ampaawd=upolNow °a!l�!llili suuol!uow POWWw Wl1 418 NOIlY119NNY lGo'I 96YZ 218RW3A0N W VILDUMd JNI.LtLOd3h 3NIN011NOW UNY NO11Y:1IJ.1W -JNI 'Sd.IYI`JOSSY YS "I LSA ASSOCIATES. INC. NOV$MRER 2096 MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNEXATION SIR Mitigation Measures N:uemimrreiirnlCl.BRxr aI+eC1VMDOAnSaxhwenSlRe.dncq ln7r10a81 Monitoring Sdmddelam Mitigation Monkoring Procedure Comments Date/ unique archaeological resources under MA). If the resource(s) is not eligible, avoidance is not necessary. If the resource(s) is eligible, adverse effects shall be avoided, or, if avoidance is not feasible, the adverse effects shall be ntiti- gated. Mitigation may include, but is not limited to, Historic American Buildings Survey (NABS) documentation for built environment resources and data recovery excavation for archaeological sites. If data recovery excavation is appro- priate, 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 the pro- ject applicant, the City of Lodi, and the Central California Information CenterCCR Title 14 Q # 15126. 3 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 be redirected and the County Coro- grading and construe- Manager that proper documentation and ner notified immediately. At the same time, an archaeologist tion 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 (MLA) 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 shall prepare a report documenting the methods and results, and provide recommendations for the treatment of the human remains and any associated cultural materials, as appropriate and in coordination with the recommendations of the MIA. The report shall be submitted to the project applicant, the City of Lodi, and the Central Califon iia Information Center. It is anticipated that implatnentation of Mitigation Measure CULT -4 will reduce impacts to human remains to less -than - significant levels. 13 LSA ASSOCIATES, tNC. NOVEM6ER 2606 MITIGATION AND MONrTORrNG REPORTr RIG PROGRAM 6001 ANNItXATION SIR N:a+;...t+ct.aR+c�».>arcrn�Ncornu�n.�enm.� a,rrmeas> 14 1� Monitoring Sdwi Ile Mitigation Monitoring Procedure Comments Date/ IINW� Mitigation Measures CULT -5: If ground disturbing activity is anticipated below During ground dis- Project Pale- City staff shall verify that pre - the project area soil layer, the initial ground disturbance tmbft activities below ortiologist fWd »tong pnpwation has below that depth in geologic units shall be monitored by a the project area soil occurred and that the recom- qualified paleontologist. Subsequent to monitoring this initial layer nimlations have been incorpo- groratd 4"Ubawt. the Quaiifi paloontwasist v dii mw raved oto the Proper project. recommendations regarding further monitoring based on the initial findings. This can include, but is not limited to, continued monitoring, periodic reviews of ground distur- bance below project area soil layers, or no further monitor- ing. 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. 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 regarding 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 mitigaled. 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 be encountmd.Upon project completion, a report shall be N:a+;...t+ct.aR+c�».>arcrn�Ncornu�n.�enm.� a,rrmeas> 14 LSA ASSOCIATES, INC. NOVEMBER 2004 MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNEXATION BIR - — -- N:ueIr.�i�+ctralcrr�uNcolts�xl�,�.lilrmd�cun7noos) Nfidsalkatoring Monitoring Mien Monitoring Procedure Comments Datel Mitigation Measures Sok t 1 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 p��itory where fossils are accessioned, ,F. AMAINKM GEO- I : 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- cbdm and be in accordance with the generally accepted quiremcnts, 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 GEO-lb; Prior to the approval of grading plans, the project applicant shall perform design -level geotechnical investiga- tions and incorporate all recommendations into the project construction documents and gradins plaw. GEQn2: 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 pmject sites to be system has been incorporated into approved by the Compu ni Devel t pandmWL the prop2sed project, if reguired. gaa-3: Prior to issuance of a building permit for the SW Prior to issuance of a Construction Prior to issuance of a building Gateway site, the project applicant shall include the over- building permit for the Manager/ permit, City staff shall verify that excavation and replacement of the undocumented fills in SW Gateway Project Project undocumented fill has been accordance with the earthwork, grading, filling and cotnpac- Engineer removed from the project site in tion recommendations of the Preliminary Geotechnical accordance with the recom- Investigatibn of the Gateway Residential Development in mendations of die Preliminary Lodi, preformed by Lowney Associates, November 12, 2004. Geotechnical Investigation of the Gateway Residn" Devel- opment in Lodi, preformed by Lowney Associates, November 12, 2004. LSA ASSOCIATES, INC. NOVEMBER 2606 MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNEXATION RIR H:IAMiiei�a.ia+L78lKVCawd�.egElRh�e (f l/l7f�OC61 16 Monitoring Mitigation Monitoring Procedure Comments Date/ Mitigation Measures S"adwdde IsiEsis G. HYDROLOGY AND WATER QUALITY HYD -1: Implementation of the following two-part mitiga- Prior to approval of Pnnjec t Appli- City staff sh61 verify that the tion measure would reduce potential impacts associated with final grading and drain- cant/Project Master Utility Plan complies with increased peak runoff volumes to a less -than -significant age plans 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 SW Gateway site will comply with the City's stormwater requirements. lb: Prior to the approval of the final grading and drainage plans for the SW Gateway project and any subsequent development applications that may be proposed for the Other Areas to be Annexed, a hydraulic analysis shall be provided to the Public Works Department for verifi- cation that implementation of the proposed drainage plans would comply with the City's storm water re- quirements. 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 constriction period of the project. prior to approval of the grading The SWPPP must be 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 minimum, BMPs shall include practices to minimize the contact of construct 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. H:IAMiiei�a.ia+L78lKVCawd�.egElRh�e (f l/l7f�OC61 16 LSA ASSOCIATES. INC NOVEMBER 2696 MITIGATION AND MONITORING REPORTING PROGRAM LOOT ANNEXATION EIR N:%4A mend.M%CIBRXICeuici]COUNC'OhM1RMhweoPftds(11117rA" 17 Monitoring Mitigation Monkoring Procedure Comments Date/ Mitigation Measures sdmw ale Iaiikitldas 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. 'Che frequency of the meetings and required personnel attendance list shall be specified in the SWPPP. The SWPPP shall specify a monitoring program to be 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 be 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 properly prepared and implemented. 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 bales, and sediment basins. The potential for erosion is generally increased if grading is performed during 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 sedifnent 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 asure 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. N:%4A mend.M%CIBRXICeuici]COUNC'OhM1RMhweoPftds(11117rA" 17 LSA ASSOCIATES, INC. NOVEMBER 2006 MITIGATION AND MONITORING REPORTING PROGRAM LOPI ANNEXATION EiR N:udeinietredm�L9�K'Canul�COl1NCOMV9a�Mhws[IVRh�e 01n7PAWfit 18 M Monitoring Mitigation Monitoring Procedure Comments Date) Mitigation Measures I4itiais 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 n"gatiee would seduce"level of Cacao of ibis impact 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 ment shall review and approve mum, all dewatering shall be contained prior to discharge to the SWPPP to ensure proper allow 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 he 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 appropriate perinit(s) from the RW" prior to the release of any dewatering discharge into the storm drainage system. Section TV.I, Hazards and Hazardous Materials, of this EIR, includes a discussion of the Remediation Action Pian (RAP) and Health and Safety Plan (HSP) for the site. Implementation of Mitigation Measure HAZ-4a, HAZ-413, HAZ-4c, HAZ-4d, and HAZ-4e would ensure the safety of construction workers from hazardous concentrations of contaminants froth soil and groundwater. Proper implementation of the mitigation tlrasure described above would reduce this impact to a less -than -significant level. IL BIOLOGICAL RESOURCES Big -I: Implementation of these measures will 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 cool Projw sent of apprupriak fere by the level. to ground disturbing Biologist project applicants. City of Lodi la: Prior to approval of grading plans, the project proponent activities staff, as well as a qualified biolo- st, shall review project con- N:udeinietredm�L9�K'Canul�COl1NCOMV9a�Mhws[IVRh�e 01n7PAWfit 18 LSA ASSOCIATES, INC. NOVEMBER 2006 MITIGATION AND MONITORING REPORTING PROGRAM LOO[ ANNEXATION EIR -K MAnite Ing Mitigation Moftwing Procedure Comments Date/ Ntitigation Measures Sdkedule IWAsk shall pay the appropriate fees to SJCOG, in accordance struction activities and pniodi- with the SJMSCP conservation strategy, for conversion tally consult with construction of undeveloped lands. representatives to ensure they lb: No more than 30 days prior to any ground disturbing comply with this requirement. activities, a qualified biologist shall conduct surveys for City of Lodi staff shall undertake brirofltg OVA& I gt+t>tt4ld ft"" sw"ft gft dr'- 946*e layed or suspended for more than 30 days after the initial CDFG, if necessary. preconstruction surveys, the site shall be resurveyed. All surveys shall be conducted in accordance with CDFG's Staff !report on Burrowing Owls (CDFG, 1995). k: 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 be evicted from the project site by passive relocation as described in the CDFG's Staff Report on Burrowing Owls CDFG, 1"5). Id: If the preconstruction surveys identify burrowing owls on the site during the breeding season (February 1 through August 31) occupied burrows shall not be dis- turbed and shall be provided with a 75 meter (250 -foot) protective buffer until and unless the SJMSCP 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 burrow(s)-can be destroyed- (I In-IrAW) 19 LSA ASSOCIATES, INC. NOVEMBER 2906 MITIGATION AND MONITORING REPORTING PROGRAM LODE ANNEXATION LIR N UAnW wmimKIERKW-mdr4XXYNCOM%Smd~MWdm 01117 MM) 20 Monitoring m1 igatifflr Monitoring Procedure Corrtnlbents Date/ Mitigation Measures 81111111111111111k g MY Initials B10.2: 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 ding puns cam/ project "M of oppropriate Wes by the to a less -than -significant level. Biologist project applicants. City of Lodi 2a: Prior to approval of grading plans, the project proponent T staff. as well as a qualified hiolo- shall pay the q Remiate feea to SXW, in asewdow WL-,wvwwr , »t with the SJMSCP conservation strategy, for conversion Wactiton activities and i i - of undeveloped lands. tally consult with construction 22b: Removal of suitable nest trees shall be completed during represeIntefives. to emure they the non -nesting season (when the nests ane unoccupied), comply with this requirement. between September i and February 15. City of Lodi staff shall undertake 2c: If suitable nest trees will be retained and ground dis- additional coordination with the CDFG, if necessary. turbing activities will commence during the nesting sea- son (February 15 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 be conducted no more than 14 days prior to the start of work. If an active nest is discovered, a IMfoot buffer shall be established around the nest tree and delineated using orange construction fence or equivalent. 'Me 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. In some instances, CDFG may approve decreasing the specified buffets with implementation of other avoidance and minimization measures (e.g., having a qualified bi- ologist on-site during construction 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 aeon and continuing into the nesting season shall not be sub'ct to these measures. 2d: If future development of the Other Areas to be Annexed will result in the removal of suitable nest trees for Swain - son's hawk or other raptors, Mitigation Measures BIO -3a through BIO -3c shall be im lemented- N UAnW wmimKIERKW-mdr4XXYNCOM%Smd~MWdm 01117 MM) 20 LSA ASSOCIATES, INC. NOVEMRER 2006 MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNEXATION 91R t� un,�mrlm�a xRlcvta. a a Il++i2oo6> 21 Nakao" M011itlN'i OR Monitoring Mitigation Monitoring Procedure Comments Date/ Mitigation Measures Sdwxbde Remondwy IrAdwk $JL) -I: implementation of the following mitigation measures Prior to construction Project Appli- City staff shall verify that wet - will reduce impacts to wetlands (i.e., vernal marsh) to less- carat/ Project lmd impacts of been mitigated, than -significant levels. Biologist and that the applicant has 3a: Wetlands permanently impacted during construction acquired the appropriate reguia- (aWo%iarMy 0.02 sears) alteR be v i igil 1 ldwwAo tory permits. preservation, creation and/or restoration of the impacted resources at a minimum ratio of 1:1. If permits are re- quired by ACOS and/or RWQCB, specific mitigation requirements, if different than described above, shall also become a condition(s) of project approval. 3b: Prior to approval of grading plans, the applicant shall obtain any regulatory permits required from the ACOS and/or RWQCB. 3c: Prior to development of the Other Areas to be Annexed, a formal delineation shall be conducted in accordance with the 14$7 Corps of Engineers Wetland Delineation Manual (Routine Method). If wetlands or other jurisdic- tional waters are identified on the site and will be af- fected by development, Mitigation Measures 8I0 -3a and B10 -3b shall be Lmplemented. I. HAZARDS AND HAZARDOUS MATERIAIS HAZ-1: Preparation and implementation of the required Prior to approval of Project Appli- City staff shall verify that an SWPPP (see Mitigation Measures HYD -2 and HYD -3) final grading and drain- cant/Project SWPPP has been prepared and would reduce the potential impacts of hazardous materials age plans Engineer implemented. releases during construction to a less -than -significant level. No additional mitigation is required. HAZ:2: As a condition of approval for grading plans for SW Prior to approval of Project City staff shall verify that specific Gateway project site, the applicant shall be required to test grading plans for the Engineer soil sampling and remediation the soils beneath the stained asphalt floor of the older storage SW Gateway project has occurred. building and complete any clean-up necessary to remediate site any identified contamination to an acceptable level. t� un,�mrlm�a xRlcvta. a a Il++i2oo6> 21 LSA ASSOCIATES, INC, NOVEMBER 2666 MITIGATION AND MONITORING REPORTING PROGRAM LOOT ANNERATION EIR N:41ANn!=tionlQEkIC'Cw,d11g4[RICOM49ao1h.ertl�AR6nfief11117JJ006) 22 mmislaft Roma* Monitoring Mitigation Monitoring Procedure Continents Date/ Mitigation Memm S10106101e lea HAZ-3: Prior to the approval of any specific development Wim' to approval of Applicant/ City staff shall verify that the projects on the Other Areas to be Annexed, the project a ppli- daft WOM Pnject appmpriate erMronnmmtal inves- cant shall provide the City with an environmental investi- on Other Areas to be Engineer tigations and remediation has gation, as necessary, to ensure that soils, groundwater, and Annexed occurred. bwiidiW affeclad by hasaedams mWarial eeleow hmpriaar land uses, and lead and asbestos potentially present in build- ing materials, would not have potential to affect the envi- ronment or health and safety of future property owners or carers. jA4_Implementation of the following five-part mitigation Prior to issuance of Applicant/ City staff shall verify that an rtwmure would reduce these risks to less -than -significant demolition or building Project RMP has been prepared and levels. permits Engineer implemented. 44: Prior to the issuance of any demolition or building per- mits for the project site, a Risk Management Plan (RMP) shall be prepared for the project site. At a minimum, the RMP shall establish soil mitigation and control specifi- cations for grading and construction activities at the site, including health and safety provisions for monitoring exposure to construction workers, procedures to be undeRaken in the event that previously unreported con- tarnination is discovered, and emergency procedures and responsible personnel. The RMP shall also include pro- cedures for maatmeng soils removed from the site to ensure that any excavated soils with contaminants are stared, managed, and disposed of in accordance with applicable regulations and permits. The RMP shall also include an Operations and Maintenance Plan component, to ensure that health and safety measures required for future consMrdiom and maintenance an the project ante shall be enforced in perpetuity. The RMP shall include the following Mitigation Measures. N:41ANn!=tionlQEkIC'Cw,d11g4[RICOM49ao1h.ertl�AR6nfief11117JJ006) 22 LSA ASSOCfATES, FNC NOVEMBER 2006 MITIGATION AND MONITORTNG REPORTING PROGRAM LODI'ANNEXATION BIR N:Wami.lmrimVaJMXN =oifCOUN1:ONlkSMh MEfi&&c (I InTMM) 23 Monitoring Mitigation Monitoring ftxedure Comments Date/ Mitigation Measures Sok 11ddals 4b: Prior the approval of a building permit, soil sampling and boring shall be dome in the historic circular depression area in the western portion of APN 058-040-02 in order to determine the quality of the fill and to determine if hazardous materials are present below the surface. if the soils investigation determines that hazardous materials are present, they shall be removed and disposed of in accordance with applicable regulations. !k: The soil samples collected from the equipment storage areas (and near the pesticide dispensers) were analyzed for Total Recoverable Petroleum Hydrocarbons (TRPH). Oil and grease were detected at elevated concentrations in both samples collected from the equipment storage areas; 12,000 ppm of oil and grease were detected near the 55 -gallon waste oil drums east of the equipment stor- age buildings on APN 058-030-04 and at 38,000 ppm of oil and grease were detected near the waste oil drums in the southern portion of APN 058-030-04. Both concen- trations detected are above the CVRWQCB threshold concentrations based on protection of ground water quality. The stained area is approximately 1.0 feet in diameter. Prior to the approval of the building pertnit, oil and grease stained soil in this area shall be removed and disposed in accordance with the recommendations of the Phase 1111. 4d: Six areas of APN 058-030-04 contain old equipment and various piles of debris and garbage, which can poten- tially leave lead based paint and other hazardous materi- als residue in the; soils beneath the piles. No obvk= soil staining was noticed beneath the piles of debris and gar- bage; however, soil beneath dee piles could potentially contain lead based pamt. and other hazardous materials. N:Wami.lmrimVaJMXN =oifCOUN1:ONlkSMh MEfi&&c (I InTMM) 23 LSA ASSOCIATES, INC NOVEMBER 2006 MITIGATION AND MONITORING REPORTING PROGRAM LOOP ANNEXATION ETR N�uemhlereelor�C[.BRNrnedncritJNCe1,N8anh�e.eE1[I�enc n Irnreoo6) 24 M Monitoring seheddle Mitigation Monitoring Procedure Comments Date/ Initials Mitigation Measures As a condition of approval for a demolition permit for the buildings located on APN 058-030-04, the trash and debris shall be removed. Soils beneath the debris piles shall be tested for lead based paint residues and other possible hazardous materials. If it is determined that lead based paint or other hazardous materials are present in the soils beneath the piles, these soils shall be removed by a qualified lead abatement contractor and disposed of in accordance with existing hazardous waste regulations. 4e: The truck scale observed on the eastside of APN 058- 030-04 could have soils contaminated with hydraulic fluid, which may contain PCBs. Truck scales often used hydraulic fluid, which can contain PCBs, which can be released during spills and leaks. As a condition of ap- proval for grading plans permit for the SW Gateway site, the soils shall be observed when the scales are removed to determine if there are indications of leakage. if it is determined that leakage has occurred, soils samples shall be collected for laboratory analysis. If it is determined that the soils are contaminated at levels beyond estab- lished threshold levels, the contaminated soils shall be removed in accordance with all licable rexulations. 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 applicable regulations. HAZ!, : 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 construe- Engineer and septic systema have bean system shall be properly abandoned in accordance with tion permits properly abandoned. a licable m latlotls. H7-1: Prior to approval of any demolition or construction Prior to approval of Project City staff shall verify that geo- permits for the project site, a geophysical survey shall be demolition or construc- Engineer physical survey has occurred and performed locate the possible UST. Drilling and soil sam- tion petrWts that the ne emssary sampling ad pling shall be conducted to determine if this UST may have removal for USTs has occurred. contained pqroleum hydrocarbons that play have leaked and N�uemhlereelor�C[.BRNrnedncritJNCe1,N8anh�e.eE1[I�enc n Irnreoo6) 24 LSA ASSOCIATE5, INC NOVEMBER 2006 MITIGATION AND MONITORING REPORTING PROGRAM LODI ANNFRATION BIR N:4AAietlniMrd�rnICIP1tKY.'n"d1+COTMCOM�4outhwalSlR6.doc (1„17!1006) 25 Monitoring Mk Wion Memiitoring procedure Cantttertts Date/ Mitigation Measures SdWok UPS ORMY ImdBals affected soil and ground water. Should the sampling indicate a release from the tank has occurred, additional investigation and remediation may be required by San Joaquin County 111-10 prior to case closure. If the UST is present, it shall be removed and backfilled with engineered fill prior to site development. IJAZ-$.: 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 autos and lead-based paint level. Engineer survey has occurred and that the 8a:As a condition of approval for a demolition permit for the project site buildings, an asbestos and lead-based paint survey shall be performed. If asbestos -containing materi- materials have been abated per applicable regulations. als are determined to be present, the materials shall be abated by a certified asbestos abatement contractor in accordance with the regulations and notification re- quirements of the San Joaquin Valley Air Quality Con- trol District. If lead-based paints are identified, then fed- eral and State construction worker health acrd 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. 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 arc determined to be 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 signykmt uti i cls. K. PUBLIC SERVICES There are no sf of cant publk services inpacts. N:4AAietlniMrd�rnICIP1tKY.'n"d1+COTMCOM�4outhwalSlR6.doc (1„17!1006) 25 Wo (4 KAulU-w4W8 N ,gwz "3uI V49!W=V VsI :mss Ula NPA.LY111NNV laorl 9i62 13lWaAON A VtIDOtld ONllUOd3S `JN1t10l.INOW QNV NULIV 1111YY 'JNA 'Sillvl�o55v YS"1 gMMTnq pasodoid a pjo uouanusuoo Rlil+Cep azlulivau o1 sssll pai(kunu-uou a)e.►odjwm! ilegs .411..P[1 Sl roal�yary Bllrld(i1p11. -uou 1s41 ,(Juan liggs Jje1s x(110 1aaCOxd ;O aauenssl of 10!Jd alcl$ azmclunu o1 peu$Isap aq Ilgus Su11Llfll -loopino :'Z'-�j� aigrpwntnm put lueoyluSis slgl aOnpai 01 algsltens sl uousSuu oN suns 'ivllsu "i �+tOPWBIPS ra3s(i s�u� a�npaao.>d �i�1NoiM1l u�1�ll+Il fu}xrll�IN o"Ps"m Ula NPA.LY111NNV laorl 9i62 13lWaAON A VtIDOtld ONllUOd3S `JN1t10l.INOW QNV NULIV 1111YY 'JNA 'Sillvl�o55v YS"1 RESOLUTION NO. 2006-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI APPROVING AND FORWARDING TO SAN JOAQUIN LOCAL AREA FORMATION COMMISSION FOR ACTION THE REQUEST OF TOM DOUC ETTE, FRONTIER COMMUNITY BUILDERS, FOR AN ANNEXATION OF THE 257.76 PROJECT ACRES, THE CITY -INITIATED ANNEXATION FOR 47.79 CONTIGUOUS ACRES, OUTSIDE OF THE PROJECT AREA, AND THE REQUEST OF TWO PROPERTY OWNERS ON HARNEY LANE TO ANNEX TWO ACRES OF LAND INTO THE CORPORATE LIMITS OF THE CITY OF LODI (SOUTHWEST GATEWAY, OTHER ANNEXATION AREAS, AND 565 AND 603 EAST HARNEY LANE) WHEREAS, City Council of the City of Lodi has heretofore held a duly noticed public hearing, as required by lav, on the requested annexation in accordance with the Government Code and Lodi Municipal Code Chapter 17.84; and WHEREAS, the affected properties are located within the Southwest Gateway project area and other areas to be annexed totaling 305.55 acres and two properties on Harney Lane, which are described as follows: APN Site Address Property Owner th t tea a Pr t 058-030-09 252 E. St. Route 12 Carolyn Reichmuth Highway 058-030-03 14509 North Lower Van Ruiten Ranch, LTD Sacramento Road 058-030-04 14499 North Lower Van Ruiten Ranch, LTD Sacramento Road 058-030-05 14433 North Lower Van Ruiten Ranch, LTD Sacramento Road 056-030-06 14195 North Lower Howard Investments, LLC Sacramento Road 058-040-01 14101 North Lower Schumacher Trust Sacramento Road 058-040-02 13837 North Lower Schumacher Trust Sacramento Road 058-040-04 13537 North Lower Schumacher Trust Sacramento Road 058-040-05 13589 North Lower Schumacher Trust Sacramento Road 058-040-14 No site address for Joe Tamura Trust 058-040-13 641 East HarneyLane Schumacher Trust MOW t'iexa Areas 058-230-04 13786 North Lower Tsugio Kubota Sacramento Road 058-140-13 North Lower M. Bill Peterson 114320 Sacramento Road ri:umwwam_cA orrvatffas 20WANw?no&21o.dw 058-140-12 14540 North Lower Sacramento Road M. Bili Peterson 058-140-14 14620 North Lower Sacramento Road Ruth Susan Peterson 058-140-04 14752 North Lower Sacramento Road Dean and Sharon Frame Trust 058-140-11 777 East Olive Avenue Zane Grever Trust 058-140-06 800 East Olive Avenue Vernet and Charlene Herrmann Trust 058-140-07 844 East Olive Avenue Santiago and Ramona Del Rio 058-140-08 890 East Olive Avenue Frank Hall 058-140-05 865 East Olive Avenue Santiago and Ramona Del Rio 058-140-09 908 East Olive Avenue Santiago and Ramona Del Rio 058-140-10 930 East Olive Avenue Leticia F. Ami able Et al 058-040-11 X565 East Harney Lane Al Robert and Letha Pinnell 058-040-12 603 East Harney Lane Frank Hall WHEREAS, the applicant, Tom Doucette for Frontiers Community Builders, 10100 Trinity Parkway, Suite 4210, Stockton, CA 95219, represents property owners of the parcels within the Southwest Gateway project site and these property owners have provided written consent to the project proponent and applicant for this annexation; and WHEREAS, the City has initiated annexation of the properties referred to as "Other Annexation Areas" so as rat to create a County island; and WHEREAS, the property owners of 565 and 603 East Harney Lane have submitted applications for annexation of their properties in connection with this annexation application; and WHEREAS, the City 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 to 5 vote; and WHEREAS, the Southwest Gateway Development Plan, required by Lodi Municipal Code Chapter 17.33 PD Planned Development District, consists of a master planned residential community consisting of 1,230 residential units, 31 acres of parks and tralls, an elementary school, and related infrastiructure; and WHEREAS, the City Council did certify the Environmental Impact Report (EIR) (EIR-05-01) and adopted Findings and a Statement of Overriding Considerations pursuant to California Environmental Quality Act (CEQA); and WHEREAS, all legal prerequisites to the approval of this request have occurred; and N:%Adnnff "CAXXrVVMXVR X0FamX -210.dm 2 WHEREAS, 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 EIR (EIR-05-01) was certified by City Council Resolution No. 2006-209 and Findings and Statement of Overriding Considerations for the project pursuant to CEQA were adopted by City Council Resolution No. 2006-209. 2. The required public hearing by the Planning Commission was duly advertised and heli 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 project site is entirely within the City's Sphere of Influence, and the City's General Plan designates the project area as "PR," Planned Residential. The General Plan anticipated deveADpment of the PR designated properties by 2007. S. It is found that the reglpested annexation does not conflict with adopted and proposed plans or policies of the General plan and will serve sound planning practice. 6. It is further found that the parcels in the area proposed to be annexed are physicamy suitable for the development of the proposed project. 7. The proposed design and improvement of the site is consistent with all applicable sandards adop#ed by the City in thot 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 density is compliant with the PR General Plan designation and the site can 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 not be significant because mitigation measures have been incorporated into the project to reduce any impacts to a level of less 1han significant. 10. Development of the proposed project shall be consistent with the Southwest Gateway land use plan submitted by Tom Doucette, Frontiers Community Builders, 10100 Trinity Parkway, Suits 420, Stockton, CA 96219. NOW, THEREFORE, BE IT FOUND, DETERMINED, AND RESOLVED that the City Council of the City of Lodi hereby approves and forwards this annexation to the San Joaquin Local Area Formation Commission for action. Dated: November 15, 2006 N:uMw4Watm1ACrTYUMsa=200i09WO 6-21o.dw I hereby certify that Resolution No. 2006-210 was passed and adopted by the Lodi City Counc l in a regular meeting held November 15, 2006, by the following vote: AYES: COUNCIL MEMBERS -- Beckman, Hansen, Johnson, and Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — Mayor Hitchcock R NDI JOHL City Clerk 2006-210 N: ,MCA L7T V&"W 2XWavt2W&210AR 4 RESOLUTION NO. 2006-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI APPROVING THE CITY INITIATED REQUEST FOR AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO REDESIGNATE THE OTHER ANNEXATION AREAS TO MDR (MEDIUM DENSITY RESIDENTIAL); AND THE REQUEST OF TWO PROPERTY OWNERS ON HARNEY LANE FOR AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO REDESIGNATE 565 AND 603 EAST HARNEY LANE TO PR (PLANNED RESIDENTIAL) WHEREAS, the City Council of the City of Lodi has heretofore held a duty noticed public hearing, as required by law, on the requested General Plan amendment, in accordance with the Government Code and Lodi Municipal Code Chapter 17.84, Amendments; and WHEREAS, the affected properties are located within the Other Annexation Areas (comprising 47.79 acres) and two properties on Harney Lane (comprising two acres) and are described as follows: APN Site A , ress Property Owner 068-230-04 13786 North Lower Sacramento Road Tsu io Kubota 058-140-13 14320 North Lower Sacramento Road M. Bill Peterson 068-140-12 14500 North Lower Sacramento Road M. Bill Peterson 058-140-14 14620 (Worth Lower Sacramento Road Ruth Susan Peterson 058-140-04 14752 North Lower Sacramento Road Dean and Sharon Frame Trust 058-140-11 777 East Olive Avenue Zane Grever Trust 058-140-06 800 East Olive Avenue Vernet and Charlene Herrmann Trust 058-140-07 844 East Olive Avenue Santiago and Ramona Del Rio 058-140-08 890 East Olive Avenue Frank Hall 058-140-05 865 East Olive Avenue Santiago and Ramona Del Rio 058-140-09 908 East Olive Avenue Santiago and Ramona Del Rio 058-140-10 i 930 East Olive Avenue Leticia F. Ami able Et al. 058-040-11 565 East Harney Lane Robert and Letha Pinnell 058-040-12 603 East Harney Lane Frank Hall WHEREAS, the City has initiated a request for a General Plan amendment in connection with the request to annex the other annexation areas to avoid creation of a County island; and WHEREAS, the property owners for parcels located at 565 and 603 East Harney Lane have filed applications for General Plan amendment with the City of Lodi Community Development Department in connection with the request to annex their properties, which are contiguous to the Southwest Gateway Development Project (initiated by Frontiers Community Builders Inc.) and includes an annexation request (AX -04-01); and WHEREAS, the City of Lodi Planning Commission held public hearings on the proposed General 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 to 5 vote; and WHEREAS, the General Plan Land Use Diagram designates the other annexation area parcel as Planned Residential (PR); and WHEREAS, the request is to change the General Plan Land Use Diagram to Medium Density Residential (MDR) for the Other Annexation Areas and Planned Residential (PR) for 565 and 603 East Harney Lane as shown on Exhibit A to this Resolution; and WHEREAS, the proposed designations of MDR and PR would be compatible wfth the existing uses developed on the site and would also allow for the development of future residential uses; and WHEREAS, all legal prerequisites to recommend the approval of this General Plan Amendment have occurred; and WHEREAS, the City Council did certify the Environmental Impact Report (EIR) (EIR-05-01) and adopted Findings and a Statement of Overriding Considerations pursuant to California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT FOUND, DETERMINED, AND RESOLVED that the City Council of the City of Lodi makes the following findings: 1. The EIR (EIR-05-01) was certified by City Council Resolution No. 2006-209 and Findings and Statement of Overriding Considerations for the project pursuant to CEQA were adopted by City Council Resolution No. 2006-209. 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 held by the City Council was duly advertised and held in a manner prescribed by law. 4. The requested General Plan amendment does not conflict with adopted plans or policies of the General Plan and will serve sound planning practice. 5. The size, shape, and topography of the site are physically suitable for future residential development consistent with the new land use designations. NOW, THEREFORE, BE IT FURTHER FOUND, DETERMINED, AND RESOLVED that the City Council of the City of Lodi hereby approves the amendments to the General Plan Land Use Diagram as shown on Exhibit A hereto. Dated: November 15, 2006 I hereby certify that Resolution No. 2006-211 was passed and adopted by the Lodi City Council in a regular meeting held November 15, 2006, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, Johnson, and Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — Mayor Hitchcock RAND] JOHL City Clerk 2006-211 EXHIBIT A AMENDMENTS TO THE GENERAL FLAN LAND USE DIAGRAM ORDINANCE NO. 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) OF 257.76 ACRES (SOUTHWEST GATEWAY PROJECT) AND TWO PARCELS ON HARNEY LANE (565 AND 603 EAST HARNEY LANE); AND PRE -ZONING TO R -MD (MEDIUM DENSITY MULTIFAMILY RESIDENCE) ON 47.79 ACRES (OTHER AREAS TO BE ANNEXED) 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 Southwest Gateway project area, the other areas to be annexed (totaling 305.55 acres); and the two parcels on Harney lane (comprising two acres) and are described as follows: APN Site Address Prom Owner 058-030-09 AM 252 E. St. Route 12 Highway Carol n Reichmuth 058-030-03 14509 North tower Sacramento Road Van Ruiten Ranch, LTD 058-030-04 1 14499 North Lower Sacramento Road Van Ruiten Ranch LTD 058-030-05 14433 North Lower Sacramento Road Van Ruiten Ranch LTD 058-030-06 14195 North Lower Sacramento Road Howard Investments, LLC 058-040-01 14101 North Lower Sacramento Road Schumacher Trust 058-040-02 13837 North Lower Sacramento Road Schumacher Trust 058-040-04 13537 North Lower Sacramento Road Schumacher Trust 058-040-05 13569 North Lower Sacramento Road Schumacher Trust 058-040-14 No site address assigned Joey Tamura Trust 058-040-13 641 East Harney Lane Schumacher Trust a6m Ares 058-230-04 13786 North Lower Sacramento Road Tsu io Kubota 058-140-13 14320 North Lower Sacramento Road M. Bill Peterson 058-140-12 14500 North Lower Sacramento Road M. Bill Peterson 058-140-14 14&0 North Lower Sacramento Road Ruth Susan Peterson 058-140-04 14752 North Lower Sacramento Road Dean and Sharon Frame Trust 058-140-11 777 East Olive Avenue Zane Grever Trust 058-140-06 800 East Olive Avenue Vernet and Charlene Herrmann Trust 058-140-07 844 East Olive Avenue Santiago and Ramona Del Rio 058-140-08 829 East Olive Avenue Frank Hall 058-140-05 865 East Olive Avenue Santia o and Ramona Del Rio 058-140-09 90 East Olive Avenue Santiago and Ramona Del Rio 058-140-10 1 930 East Olive Avenue Leticia F. Ami able Et al 058-040-11 566 East Harney Lane th_. Robert and Letha Pinnell 058-040-12 603 East Harnev Lane Frank Hall C Dmammnts and SdungsVprnq local SeuinoTempm" Inurnet H=0LKC9U-02 I SW Gateway- pm-zone,doc SEC . ON 2: The applicants for the requested pre -zoning are as follows: For the Southwest patgway_Project Area: For the other annation arias: For the two�arcell on Harney„ lane: Tom Doucette for Frontiers Community Builders The City of Lodi. Robert and Letha Pinnell and Frank Hall. SEC -BON 3: The requested pre -zonings consist of the following: For t h st Ga Pro'eat Area: Reclassification from San Joaquin County AU - 20 (Agriculture, Ur6an Reserve, Minimum 20 Acres) to City of Lodi Planned Development (PD) Zone. For the other aneexation areas: Reclassification from San Joaquin County AU -20 (Agriculture, Urban Reserve, Minimum 20 Acres) to City of Lodi Medium Density Multifamily Residence (R -MD) Zone. F r the tw9 parc*on Harney Lane: Reclassification from San Joaquin County R -VL Zone (Very Low Density Residential) to City of Lodi Planned Development (PD) Zone. SECTION 4: The pre -zone designations for the three areas are described as follows: Planned Development (PID) 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 citizen 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 PD zone, any and all uses are permitted; provided, that such use or uses are shown on the development plan for the particular PD 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 PD 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. Medium Density Multifamily Residence (R -MD) Zone The Medium Density Multifamily Residence .Zone is designed to accommodate medium density residential development. In the R -MD zone, one -family, two-family, multifamily, and group dwellings are permitted; and parks, schools, children's nurseries and nursery schools, playgrounds, community centers, rest and convalescent homes, churches, museums, public utilities services buildings, automobile parking when adjacent to a commercial zone, and golf courses and similar noncommercial recreational uses are conditionally permitted. The development standards are as follows: maximum height is two -stories, not to exceed 35 feet; density is 5,000 square feet for a one -family dwelling; 6,000 square feet for a two-family dwelling; and 4,000 square feet for the first unit and 2,000 square feet for each additional units for a multifamily or group dwelling; and a sufficient parcel size to provide the necessary yard areas and parking spaces required for other types of buildings; and the required yards are a minimum of 20 feet for front yards, no minimum required side yards except adjacent to a residential zone when the minimum setback is 5 feet, corner side yards are a minimum of 10 feet, and rear yards are minimum of 10 feet, except for reduced yard requirements for specified circumstances. These development parameters would be consistent with the General Plan designation for the sites. C_0—mmu and Sa ingslWmgidUL i &itingsU mKrary[nleme FiIa10LKCW-02 15W Gateway - p` zWe.dm 2 EC ON 5: Based upon the evidence in the staff report and project file the City Council of the City ct Lodi hereby determines the following: 1. The Environmental impact Report (EIR) (EIR-05-01) was certified by City Council Resolution No. 2006 and findings and Statement of Overriding Considerations for the project pursuant to California Environmental Quality Act (CEQA) were adopted by City Council Resolution No. 2006- 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 applicant, Tom Doucette for Frontiers Community Builders, 10100 Trinity Parkway, Suite 420, Stockton, CA 95219, represents property owners of the parcels within the Southwest Gateway project site and these property owners have provided written consent to the project proponent and applicant for this zone change. 5. The City has initiated the request for a General Plan amendment and zone change for properties referred to as "Other Annexation Areas." 6. The property owners of two parcels contiguous to the Southwest Gateway project area (565 and 603 East Harney Lane) have submitted applications for pre -zoning. 7. 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. 8. It is found that the requested Rezoning does not conflict with adopted plans or policies of the General Plan and will serve sound planning practice. 9. It is further found than the parcels of the proposed pre -zonings are physically suitable for the development of the proposed project. 10. 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. 11. The size, shape, and topography of the site are physically suitable for the proposed residential development. 12. 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. 13. 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. 14. Development of the proposed project shall be consistent with the Southwest Gateway land use plan ultimately approved by the City Council. 15. Final development plans demonstrating the height, setbacks, lot coverage, and other development standards, pursuant to Municipal Code Section 17.33.090, will be submitted for review and approval by the Planning Commission prior to the approval of a tentative subdivision map. C:i0o —ts And Se ing.%ppime lDcAi Sdp.p Tempo...y Menet Fd.S0LKC9U-G2 I SW Gateway-pft—d. 16. As required by the Planned Development Zoning Designation, the multi -family units with the Southwest Gateway Project shall be reviewed and approved by the Site Plan and Architectural Review Committee prior to the issuance of a building permit. 17. The Southwest Gateway Development Plan, required by Lodi Municipal Code Chapter 17.33 PD Planned Development District, consists of a master planned residential community for the future development of 1,230 residential units, 31 acres of parks and trails, an elementary school, and related infrastructure. SECTION 6: All conditions of approval 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. 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 30 days from and after its passage and approval. Approved this _ day of November, 2006 SUSAN HITCHCOCK Mayor Attest: RANOI JOHL City Clerk C'.lDaCu WLI and S.Ci.p%ppirnejadlLpeai S9W-9 TanMW7 Internet FilcsIOLKCW-02 1 5W Gakwsy-prc-z d- 4 State of California Cou* of San Joaquin, ss. 1, Randi Johl, City Clerk of the City of Lodi, do herby certify that Ordinance No. was introduced at a reguisr meeting of the City Council of the City of Lodi held November 15, 2006, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 2006, 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. STIEPFIEN SCHWABAVER City Attorney C 0— —h and SdtingalppltnyadAL l Sdmj.g T—p—ry lvmct FIvOOLKC9VA2 1 SW Gateway-pwzaae.d- EXHIBIT "A" TO CITY OF LODI ORDINANCE NO. The pre -zone of the entire 257.76 acres of the SW Gateway acres to PD (Planned Development), which includes designations specific to housing, and public/quasi-public uses all as shown on the attached map (Exhibit B), and approval of the pre -zone of the Other Annakation Areas to R -MD (Residential Medium Density), which would allow for future development of residential uses, are subject to the following conditions of approval. : 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). 2. Prior to the issuance of any tentative subdivision maps, final park plans shall be subject to review and approval by Parks and Recreation Department. 3. 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. 4. Development of the parcels identified as Other Annexation Areas shall be subject to the zoning standards of the R -MD zoning district. 5. Prior to the development of any portion of the SW Gateway 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 masker 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. C. Wastewater master plan. ( '%D umaals and Saftogalppimga&Lmal Sd1i"s\Tempo=y Inwmd Film�OLKC911-02 1 SW Gateway- pr- ,do 6 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, bikelpedestrianlopen 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. i. ModiScation of the Lodi Bicycle Transportation Master Plan. The current master plan includes a Class I bike path along the westerly project boundary that would be part of the City-wide recreational trail in conformance with the Parks and Recreation Master Plan. This bike trail can be incorporated into the proposed north -south bicycle/pedestrian corridor. The bicycle master plan also includes a Class 11 or III bike boulevard extending north -south from the WID canal north of Lodi Avenue to Harney Inane and east -west along the extension of Vine Street and Class II bike lanes along Lodi Avenue. All modifications to the bicycle master plan shall be to the approval of the City Council. j. Parks and Recreation master plan. Water, recycled water, wastewater and storm drain master plans for the project have been submitted and first chuck 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 resuVts of the completed master plans and studies, the development or growth management plan and accompanying growth management allocations may be approved C lDocvmms and Set agslppirngbMLoeal SNl.pg TemW.ry Ileum Ffl.1OLKOU-02 I SW Oaks y- pomado prior to completion and approval of the master plans and supporting studies. Completion and approval of the nester 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 arelysis 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. 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.13-6 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 Final Environmental Impact Report (FEIR), and set out in the Mitigation Monitoring and Reporting Program are hereby incorporated into this approval. 8. All applicable state statutes, and local ordinances, including all applicable Building and Fire Code requirements for hazardous materials shall apply to the project. 9. 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 of the Community Development Director and Public Works Director. Said plans shall indicate that all corner lots shall have architectural treatments on both street facing elevations. 10. Prior to submittal of building permits, the applicant shall submit a walls and fencing plan. 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. 11. Within 90 days of the approval of this project, whichever occurs first, 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-04-01." C.Om mems and SerringsWimejnd\LoW SenmSsUenrporsry planer HeSMKOM-02 I SW Gateway- pre -m adm 8 ImmedWely followirq this statement will appear a signature block for the owner or the owner's representative which shall be signed. Signature biocks 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. 12. As part of Mitigation Measure LU -2 of the Lodi Annexations EIR (EIR-05-01) the developer has the option to pay fees consistent with the pending San Joaquin County Agricultural Mitigation program or preserve agricultural land in perpetuity to mitigate significant impacts associated with conversion of the 392 acres of Prime Farmland within the Westside, SW Gateway and Other Areas to be Annexed. 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 approval of the first tentative subdivision map. C mD c mu end Smingatppirr ed Lmal Sgtings%Tetnperary Ino ncr FHCAOLKOU-02 I SW Gateway- prezo c OW 9 EXHIBIT B SOUTHWEST GATEWAY LAND USE PLAN C-0—ii coli and Serriu9AppimgRd\Lml Seldngd\Temp—rp lmro et PilegoLKC9U-02 I SW Gateway. pre-zme.dm 10 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI ADOPTING A DEVELOPMENT AGREEMENT PERTAINING TO THE DEVELOPMENT OF 257.76 ACRES LOCATED ON THE WEST SIDE OF LOWER SACRAMENTO ROAD BETWEEN HIGHWAY 12-KETTLEMAN LANE AND HARNEY LANE (SOUTHWEST GATEWAY) (DEVELOPMENT AGREEMENT GM -05-001) 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: 257.76 acres located on the west side of Lower Sacramento Road between Highway 12-KettleMan Lane and Harney Lane – Assessors Parcel Numbers 058-030-09, 058-030-03, 058-030-04, 058-030-05, 058-030-06, 058-040-01, 058-040-02, 058-040-04, 058-040-05, and 058-040-14. SECTION 2. The applicant for the requested Development Agreement is as follows: Frontiers Community Builders SECMQN 3. The requested Development Agreement is summarized as follows: Deve4opment Agreement GM -05-001 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 proce4d 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. SEC - N 5. The City Council, by Resolution No. 2006- , has certified the Lodi Annexations Environmental Impact Report for the proposed project. SECT: N 6. The City Council hereby adopts Ordinance No. — approving the Development AgreeMent by and between the City of Lodi and Frontiers Community Builders. SEC N_ 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 for 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. SECTJQN 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 declores that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. 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 30 days from and after its passage and approval. Approved this day of '2006 SUSAN HITCHCOCK Mayor Attest: RANVI JOHL City Clerk State of California Courcy 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 November 15, 2006, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 2006, 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 2 OFFICIAL BUSINESS Document erAitled to free recording Govw'nment Code Section 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Lodi P.O. $ox 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 FGB SOUTHWEST GATEWAY PROJECT TABLE OF CONTENTS REWALS...................................... .................................................. ....................................................... ... 3 1. Authorization ..................................................... ............................................................................. 3 2. Property ........... ......................................................................... .................................................. 3 3. Project ........ .................. ......................... ................. .................................. ....... .... ................... 3 4. Public Hearing.. -----------------------------------------'3 5. Environmental Revie*w.................................. ......... .......... ............. ......................................... 3 0. Project Approvals ................................ ......... .......................... ..................................................... 3 7. Need for Services and Facilities .................................... ..................... .......................................... 4 8. Contribution to Cost of Facilities and Services.......................... ... ............................................ 4 GiDevelopment........ ....................... ........ ... ....... —...... .5 10. ---------------------. 6 11. Creation of Employment Opportunities A(3ROEMIENT................................................................................................................................................ 5 1 Incorporation ofRoOtals ....... ......................................................................................................... 5 2. Description of --------------------------------------5 3. Interest ofLandowner ..................................................................................................................... 5 4. Relationship of City Landowner ................. ........... .......... ..................................................... 5 5` EffeCtkueDate mndlerm................ —........... .......... ............................................................. ....... 6 5.1. Effective Date ................ ....................... .......... ...................................................... ............... 6 5.2. Term ...................... ........... ..................................................................................................... 6 5.3 Automatic Termination Upon Completion and Sale mfResidential Lot .............. ........... ........ 6 0. Use ofProperty .................... .................................. .................................. ................................... 6 6,1. Right to Develop .................. ............................................................................................ ...... 6 6.2. Permitted Uses ...................... .................................. ....................... ..... ....... ... ..... ......... —'8 6.8. Moratorium, Quotas, Restrictions nrOther Growth Limitations ............................................... G 8.4. Add itional Conclitions---......... .......... ........... ................................... ........... ................. 11 8.5 Annexation 7. Applicab4e Rules, Fees and Official Policies 17 7.1. Rules Regardinp Permitted Umeo.—............. ...................... ................................................. 18 7-2. Ru|emRwmgaDesign and Construction ....................... ...................... —......................... 18 7.3. Changes in Sbyi» or Federal Law 18 7.4. Uniform Codes Applicable ......................................................................................... ........... 18 8. Existing Fees, Subsoquently Enacted Fees, Dedications, Assessments and Taxes ........ .......... 18 8L1. Processing Fees and Charges —.----------------------------1S 8.2. Existing Fees, 14xactions andDedications ........... .......... .................................................... 2O 8.3 Subsequent DeVeknpn»entImpact Fees, Exactions and Dedications 9� Community Facilities District .---------.--..--..--.--..------------2O 9.1 Inclusion |nCommunity Facilities District ................................................... ......................... 3O 9.2. Use of Commu4ity Facilities District Revenues ................................. ................................... 21 9.3. Community PacillitimoDistrict for Residential Property — Landowner Financing .................... 21 10, Processing of Subsequent Development Applications and Building Permits .......................... ... 22 -----------22 859465 11.1. Modification Because of Conflict with State or Federal Laws...............................................22 11.2. Amendment by Mutual Consent............................................................................................ 22 11.3. Insubstantial Ailinendments....................................................................................................23 11.4. Amendment of Project Approvals.... .................................................................. .............. 23 11.5. Cancellation by Mutual Consent............................................................................................23 12. Term of Project Approvals... .......................... .................................. - .............................. ........... 23 13. Annual Review........................ ......................................................................................................23 13.1. Review Date. ... ............................................. * ....................................... * ............ , .................. 23 : 13.2. Initiation of Review. ................................................................................................................23 13.3. Staff Reports..........................................................................................................................24 13.4. Costs......................................................................................................................................24 13.5. Non-compliance with Agreement; Hearing............................................................................24 13.6. Appeal of Detetmination........................................ 14. Default...............................................................................24 14.1. Procedure Regarding Defaults.............................................................................................24 15. Estoppel Certificate.......................................................................................................................26 16. Mortgagee Protection; Certain Rights of Cure..............................................................................26 16.1. Mortgagee Protection ............................................................................................................26 16.2. Mortgagee Not Obligated......................................................................................................26 16.3. Notice of Default to Mortgagee and Extension of Right to Cure...........................................27 17. Severability...................................................................................................................................27 18. Applicable Law................................................................................................ .....27 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 Permit Processing............................................................................................................ ............... ........27 21. Transfers and Assignments ..........................................................................................................28 22. Agreement Runs with the Land....................................................................................................28 23. Bankruptcy....................................................................................................................................28 24. Indemnification..............................................................................................................................28 25. Insurance...................................................................................... ......................................... ....... 29 25.1. Public Liability and Property Damage Insurance...................................................................29 25.2. Workers' Compensation Insurance.......................................................................................29 25.3. Evidence of Insiurance...........................................................................................................29 26. Excuse for Nonperformance......................................................................................................... 29 27. Third Party Beneficiaries...............................................................................................................30 28. Notices......................................................................................................................... .................30 29. Form of Agreement; Recordation; Exhibits.. .................................. - ............................................. 30 30. Further Assurances.......................................................................................................................30 31. City Cooperation........................................................................................................................... 30 2 859465 Version 5 Final 11/09/06 DEVELOPMENT AGREEMENT FCS S0 JTHWEST GATEWAY PROJECT This Development Agreement is entered into as of this day of , 2006, 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, r . To strengthen the public planning process, encourage private participation in compreholisive planning and reduce the economic risk of development, the Legisiiture 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. Pro,�eLandowner 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. Pry. Landowner has obtained various approvals from the City (described in more detail in Recital 6 below) for a mixed use project known as FCB Southwest Gateway (the "Project") to be located on the Property. 4. Pub9c He . 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. Enviionmemdal Review. On , 2006, the City Council certified as adequate and complete, 1he Lodi Annexation Environmental Impact Report ("EIR') for the Southwest Gateway 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. Pr91Kt Apgovgll. The following land use approvals (together the "Project Approvals") have been granted for the Property, which entitlements are the subject of this Agreement: 859465 Version 5 Final 11/09/06 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. — 6.2. A General Plan Amendment (the "General Plan"), (attached hereto as Exhibit B) approved by the City on , 2006 (City Resolution No. ); 6.3. The Zoning of the Property (attached hereto as Exhibit B-1) approved by the City on 2006 (City Ordinance No. }; 6.4. The Large Lot Tentative Subdivision Map for the Project (attached hereto as glhibit C-1) to be subsequently considered by the City through a noticed public hearing prods. (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 , 2006 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 2006 by City Resolution No. ; 6.8. This Development Agreement, as adopted on 2006 by City Ordinance No. (the "Adopting Ordinance"); and, 6.9. The Annexation Approvals granted by San Joaquin County Local Agency Fornution Commission as shown in 'Exhibit F attached hereto. 7. Need for UNM9 and FaciitUM. Development of the Property will result in a need for municipal serviobs and facilities, some of which will be provided by the City to such development subject to this 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. Covirftnto gafj of Ffigillues and Services. Landowner agrees to contribute to the costs 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 4 859463 Version 5 Final 11/09/06 con*ete 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 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 mitigation 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. De el t nt Rnalution ComipHance.. City and Landowner have taken all actions mandalled 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. Coosisteggy with General and Specific Pian. Having duly examined and considered this Agreemetnt 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. InSgr2graagn Slf Recitals. The Preamble, the Recitals and all defined terms set forth in both are hereby irtoorporated into this Agreement as if set forth herein in full. 2. 2Mirliptigp of Prgpeft. The property, which is the subject of this Development Agreement, is described ih Exhibit A-1 and depicted in Exhibit A-2 attached hereto ("Property"). I Interest 21 Landower. The Landowner has a legal or equitable interest in the Property. Landowner reprep sents that all persons holding legal or equitable interests in the Property shall be bound by the Agreement. 4. RalLtion f City Ind nor. It is understood that this Agreement is a contract that has been ndgotiated 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. 859465 Version 5 Final 11/09/06 5. gff^, tiyo QW and Term. 5.1. NO p_ Dig. The effective date of this Agreement ("Effective Date") is 2006, which i9 the effective date of City Ordinance No. adopting this Agreement. 5.2. Tem. Upon execution, the term of this Agreement shall commence on the Effective Date and a end 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. Automatic Termination UpQn Comion and Sale of Reliftfill Lot. This Agreement shill 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. Uge of Pralertx. 6.1. Ve ftht to DevgdQQ. Landowner shall have the vested right to develop the Project in acobrdance 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 G 85946:5 Version 5 Final 11/09/06 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 grand 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 6.4.4) pursuant to the ordinance antor 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 7 859465 Version 5 Final 11/09/06 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, subsections 2, 3 and 4 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 called for in this Agreement. 6.2. Pe, nit�d_ ses. 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 appkable 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. Mgg#torinm. Quotas, 810igtions or Otlwr Growth L1milations. 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 initiadves 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. 6-3,11 —AllogigtiRgs Under Cilly GrglM_ Iftn&gMnt Pr am a. Allocations Reduired Prior to Mao Approval 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, 8 859465 Version 5 Final 11/09/06 b. Schedule of Allocation of Residential Units The following schedule of residential unit allocations shall apply to the Project. (i) Initial Allocation: As of the Effective Date of this Agreement, the following number of residential units shall be initiaNy allocated to the Project from the City's reserve of unused allocations ("Initial Allocation"): 300 Low Density units 300 High Density units (300 units shall be used to construct 300 apartment units adjacent to Highway 12/Kettleman Lane as shown in the Project Approvals) Except for the requirement 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 othWwise complies with the City's Growth Management Program, Landowner shall be entitled to annual allocations set forte 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 "En, 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 9 859465 Version 5 Final 11/09/06 Landowner may apply for allocations for the next three-year period. After the expiration of the year for which an Annual Mocation 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 robing basis, a number of allocations equal to three Annual Allocations. Except for allowing the Landowner this flexibility ifs 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. (c) _ Growth Management Ordinance in full force and effect; Except where otherwise specifically stated herein, nothing in this section 6.3.1 is intended to modk 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 serAce 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. (e) 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 - 10 859465 Version 5 Final 11/09/06 wide bond issue, (ii) City -Wide special or general tax, or (iii) special assessment for the condtruction or maintenaince 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 enticements 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. (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. AOMMI Coyn ti . 5.4A. Thnim of DedicAicns and Im9L9=*nW gf Parks oth Man Qg nedg ' Park Landowner agrees to dedicate park land and complete con ruction of all the pa improvements within the Southwest Gateway area 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 are set forth in Exhibit "I" and "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 for the Southwest Gateway project as set forth in Lodi Municipal Code Chapter . Therefore, Landowner shall not be obligated to pay any additional park fees, other than the payments required pursuant to Section 6.4.8, and Landowner shall not be entitled to any credit for the value of the improvements constructed or equipment installed. 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 Southwest Gateway Project Approvals and submit those plans and specifications to the City for review and approval which approval will not be unreasonably 11 859465 Version 5 Final 11/09/06 withheld provided that the plans and specifications contain all park improvements listed in Exhibit .i and satisfy all applicable conditions of approval included in the Project Approvals. The Landowner shall construe 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. 6.4.2 Payment of Utility -Exit Feew 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 Unity would provide eiectrical 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 i{s 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://www.energy.ca.gov/exit fees/documents/2004-02- 18 PGE EX 'MP 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. 6.4.3Maintenance of §pecifiedPublic Improy2 ents 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. $.4 Water Treatment and/or Percoon Cost Landowner shall pay a fee based on the proportionate share of the costs of designing and constructing a water treatment 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. 12 859465 Version 5 Final 1 1109106 6-M U§11§fL' n City is preparing a policy pursuant to which property developedwill 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 necessary to extend utility services to the Property. 6.4 -Payment—for Park @nd RecMation De snt Eaunt In addition to construction of any park and public works improvements required pursuant to the Project Approvals and this Agreement, Landowner shall pay One Hundred Thousand U.S. dollars ($100,000) to the City for use to acquire equipment for the Lodi Parks and Recreation and public Works Departments. The amount payable hereunder shall be paid based upon the following schedule of payments: P@yMgnt Ne Dat Payment Amount 1. Payment of $100,000 for acquisition of parks equipment/ Lawnmower upon 11he effective date of this Agreement. 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 fallowing improvements or pay the City the appropriate fee for the design, engineering and conduction of said improvements. The obligations imposed on the Landowner herein shall be in addition to any other obigations 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, incurmd by the City to secure replacement facilities, property or rights of way. 6.4.7.1 Sgrface Walgr_ Fagill les Tranwission Main (Proportionate share of the total design, engineering and construction costs) Storage Tank (Proportionate share of the total design, engineering and construction costs) 6.4.7.2 Water Shy Facilities One new water well to covor proposed development within the Southwest Gateway area. The well vill be installed in the Southwest Gateway area at the location identified in the Project 13 859465 Version 5 Final 11/09/06 Approvals or approved by the City Engineer. The well shall be installed and operational on or before January 1, 2010 or earlier if otherwise required by the Water Master Plan. 6.4.73 Wa r 91slfibution Facilites All venter pipes and relate¢ infrastructure in all streets. Any interim or temporary facilities as determined necessary by the Public Works Director. 6.4.7.4 Col FMgHNjM All sewer pipes and related infrastructure in all streets. Any interim or temporary facilities as determined necessary by the Public Works Director. 6.4.7.5 ffMcled Wan Fasill 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. 6.4.7.6 Storm Rra�pe F,acriies All sllprmwater pipes and related infrastructure in all streets and basins. All sormwater detention basins, control structures, pumping facilities and appurtenant piping and controls. 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. 6.4.7.7 Streams ind Rohs (i) Design and construct aH streets within the Project Boundary as set forth in the Project Approvals. 14 859465 Version 5 Final 11/09/06 (ii) Dedicate land necessary for and design and install improvements including curb, gutter, sidewalk and landscaping on the west side of Lower Sacramento Road between Lodi Shopping Center and Harney Lane. The land dedicated and the improvements installed shall be consistent with Lodi standards and the Project Approvals. (iii) Dedicate land adjacent to the Project frontage which is necessary for expansion of Harney Lane between Legacy Estates Unit No. 1 and the western City sphere of influence boundary as established in the General Plan and as necessary to comply with the City standards and Project Approvals. In addition, in the event that City, in compliance with applicable laws, takes action to form an assessment district to pay the costs of design and construction of Harney Lane as described herein, Landowner agrees to cast all votes within the control of Landowner in favor of formation of the assessment district and to not protest the formation of the assessment district. In the event, that City elects not to create an assessment district or there are not sufficient votes cast in favor of the assessment district to allow its formation, Landowner shall, at its sole cost, design and construct the improvements to Harney Lane adjacent to the Property necessary to meet City standards and to comply with the Project Approvals. (iv) Payment of fees assessed for recent underground utility improvements related to Lower Sacramento Road pursuant to Lodi Resolution No. , dated December_, 2006. The fee amount payable as of the Effective Date is $460,700. The amount payable shall be increased consistent with the index provision of Lodi Resolution No. . The amount due is based on the proportionate share of demand for the improvements arising from the Project Approvals. The fee shall be paid no later than acceptance of the first tentative subdivision map for processing. (v) Dedication of necessary land, design and installation of transition roadway lane adjacent to the Property along Highway 121Kettleman Lane. (v) Payment of Fair Share Costs for traffic mitigation measures that are not projects within the Streets & Roads Fee Program. ".7.8 Sower Truk Fasillti m Realignment to location approved by City and reconstruction of Domestic Trunk and Industrial Trur* Lines that presently cross the Property. Pursuant to Lodi Resolution No. 2004-29, pay existing reimbursement obligations which presently total $300,206.43 related to the Harney Lane Sewer Lift Station and Trunk Line. The amount payable shall be paid upon submission of the first tentative subdivision map which covers in part any portion of parcels 058-040-01, 058-040-02, 058-040-04, 058-040-05 or 058- 040-14. M wprl=:T Within six years of the Elective Date of this Agreement, Landowner shall pay the City Eight Million U.S. dollars ($8,Od0,000) for the design, engineering and construction of DeBenedetti 15 859465 Version 5 Final 11/09/06 Park as set forth in the plan. Landowner may satisfy part or all of this obliption through the prevision of services necessary to design and construct DeBenedetti Park provided that (1) Landowner requests and obtains advance written approval from the City for any design or construction services provided which said approval shall include an agreed upon value of said services, and (2) Landowner complies with all applicable laws including but not limited to laws requiring payment of prevailing wages for any construction services or actions. Landowner acknowledges that City will enter into contracts to design and construct Debenedetti Park. As consideration for City's agreement to authorize satisfaction of this obligation, Landowner agrees to the following payment schedule: 1. Not later than three (3) years after the approval of this Agreement by the City Council, Landowner shall pay the City two million U.S. Dollars ($2,000,000). In the event, that any party other than the City or Landowner file a litigation challenging the approval by the City of the Project Approvals, the payment specified herein shall be due not later than four (4) years after the approval of this Agreement by the City Council. Landowner's failure to pay the amount required herein shall be considered a material default of this Agreement. 2. Not later than five years after the approval of this Agreement by the City Council, Landowner shall pay the City an additional three million U.S. Dollars ($3,000,000). Landowner's failure to pay the amount required herein shall be considered a material default of this (Agreement. 3. No later than six years after the approval of this Agreement by the City Council, Landowner shall either (1) pay the City an additional three million U.S. Dollars ($3,000,000) or (2) provide a letter of credit payable to the City or other form of security acceptable to the City in an amount equal to $3,000,000. The letter of credit or other form of security shall be subject to review and approval as to form by the City Attorney. Landowner further acknowledges that the City may choose to obtain financing for the design and construction costs of DeBenedetti Park and Landowner agrees that the letter of credit or other form of security provided for herein shall be required to be in a form that is necessary to assist the City in obtaining financing at competitive market interest rates. City agrees that Landowner may substitute a letter of credit, in a form reasonably acceptable to the City Attorney, for a lesser amount upon satisfaction of a portion of the total obligation set forth 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. City further agrees that the other form of security may be in the form of a promissory note and deed of trust secured by a portion of the Property which has a value equal to a minimum of $3,000,000.. The outstanding principal balance set forth in the Promissory Note shall not accrue interest. Notwithstanding anything to the contrary set forth herein, the entire outstanding payment obligation required pursuant to this section shall be payable in full upon the sale or other Transfer of the Property Si 859465 Version 5 Final 11/09/06 encumbered by the Deed of Trust ("Restricted Property") or (ii) the occurrence of an Event of Default as specified in the Promissory Note or Deed of Trust. The Deed of Trust shall be recorded against the Restricted Property subordinate only to such liens as City may approve in writing. The City will not unreasonably withhold consent to subordinate the Promissory Note and Deed of Trust to construction financing for the Project provided that the principal amount of such construction financing does not exceed seventy-five percent (75°x) of the appraised fair market value of the Project and the Restricted Property, and provided further that the senior lender agrees to provide reasonably adequate protections to City, including reasonable notice and cure rights in the event of default, and an agreement that if, prior to foreclosure of the senior loan, the City takes title to the Restricted Property and cures the default, the lender will not exercise any right it may have to accelerate the loan by reason of the transfer of title to the City. The parties further agree that the if final $3,000,000 payment required herein has not been paid by or before the end of the eighth year after approval of this Agreement by the City Council, the City may require payment pursuant to the terms of the letter of credit or other form of security provided and may foreclose on the deed of trust and promissory note. 6.5 Agjgggon 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 sub&ision maps and improvement or construction plans and City may conditionally approve such tentative maps and/or 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. Ap is I Rules• tie gns. Fees and CNlecilel Policies. 17 859465 Version 5 Final 11/09/06 7.1. Rubs Rehr pa Pem ed UM Except as provided in this Agreement, the City's or inances, 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 rights to pay development impact fees, exactions and dedications, processing fees, inspection fees, plan checking fees or charges. 7.2. R d a n. 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. Chanwe in ftte yr Federal Law. This Agreement shall not preclude the application to develo ment of the Property of changes in City laws, regulations, pians 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. UnliforM C lea ARWISgbIe. Unless otherwise expressly provided in this Agreement, the Project all 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. F,x' ting EM, N2Mdy InaMOF DoclMong, Assnaments and jpxes,. 18 859465 Version 5 Final 11/09/06 8.1. Pr s nIa Fe" and Ch:rM. Landowner shall pay those processing, inspection, and plan chedk 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. Edina Fess ]Eecans and Dedira#ions Landowner shall be obligated to provide all c*dications 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 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 called for in this Agreement. 1Z 859465 Versiin 5 Final 11/09/06 8.3. N 09yWgRamM JrnwoF 'ons d De Landowner agrees to a 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 discretion elect to pay or provide any fee or exaction adopted after the Effective Date of this Agreement. 8.4. F§ RWuWons 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. Co n FgaiNks i irt. Formation of a Community Facilities District for hVbUc Improve"n 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 units 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, 20 859465 Versim 5 Final 11/09/06 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; h. 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: 1. 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. C uWjj..FRjfl1Ik§ DIME110 -fcw ResWenUal Pr - FlEmina. In addition to the fundinb provided as part of the Community Facilities District identified in Secbon 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 casts associated with the items identified in Section 8.2 shall be in addibon 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 i3onds. City and Landowner agree that, with the 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 lady ,of Bona. 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 21 859465 Version 5 Final 11109/06 of costs for the improvements identified in Section 8.2, or any portion thereof, prior to the issuance of bonds. 9.3.3 Private Fining. 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 Paymant. 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. 10. Processing of Suilsseausnt Deyoloaament AmoIcations and BuNdilna Permits Subject to Landowner's 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. Remrved 11. &Un*n*t of Canoo ition. 111.1. M r F L . 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 requWe changes in plansy maps or permits approved by the City, the parties shall meet and confer in good faiith 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. AV*no=!A by IIIFuINI Cpasent. This Agreement may be 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. 22 859455 Version 5 Final 11/09/06 11.3. Ins i Notwithstanding the provisions of the preceding Section 12.2, a _y 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 pubk hearing before either the Planning Commission or the City Council before the parties may execute an amendment hereto. 11.4. AE*ndmnt of Prolect Amovalls. 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 12.3 of this Agreement, shall require an amendment of this Agreement. Such amendment shall be limited to those provisions of this Agreement, 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. Ca ellsdoll by Mutual Conl2nt. 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. T!IEW of P' lie rovals. Pursuant to California Government Code Section 66452.6(a), the term of iny parcel map or tentative subdivision map shall automatically be extended for the term of alis Agreement. 13. Annual RI►iew. 13.1. Re w Date. The annual review date for this Agreement shall occur either within the same mohth each year as the month in which the Agreement is executed or the month immediately thereafter. 13.2. InI io_n of Review. The City's Planning Director shall initiate the annual review by giving�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 23 859465 Version 5 Final 11/09/06 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, LSndowner is not deemed to be in compliance with the Agreement by virtue of such failure to timely initiate review. 13.3. §taM BMEM. 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.Costs reasonably incurred by the City in connection with the annuml review shah be p�d by Landowner in accordance with the City's schedule of fees and billing rates in effect at the time of review. 13.5. Non-conwi Nce with AsMm*nt; lies ng. If the Planning Director determines, on the basis df 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 determination, the City Council may impose conditions that it considers necessary and appropriate to protect the interest of the City. 13.6. .A -q i 9f DoWmiflaUgn. 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 (34) days of the final decision by the City Council. 14. Qgflult. Subject to any applicable extension of time, failure by any party to subsiontially 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. Prc, lurerdina Defauits. 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. 24 859465 Version 5 Final 11/09/06 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 notices (or such additional time as may be deemed by the Complaining Party to be reasonably neceesary to correct the matter). 14.1.3. Failure oo 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 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 Proc„aaedi qx. 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 25 859465 Version 5 Final 11/09/06 shall prevent Landowner from completing and occupying any building or other improvement authized 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. gst2pu2l gerti#tcale. 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. MortgajaeIkProt•c in; Certain Rightsof Cure. 16.1. Nqjftguee P.LoJgLbon. This Agreement shall be superior and senior to any Bien placed upon th4 Property, or any portion thereof after the date of recording this Agreement, including the hen 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. IA24gagm blot Obligated. Notwithstanding the provisions of Section 17.1 above, no Mortgageg 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. 26 859465 Version 5 Final 11/09/06 16.3. Nofte of Qp&W to 0 of Riatd to Cure. If City receives notice fronA 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. Severabilibr. 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 condftion 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. erica ft - Law. This Agreement shall be construed and enforced in accordance with the laws 6f the State of California. 18. Aftneys'Xess a1W Costs in Leel Actio—m By Parties to the AaEgMn#. Should any legal action brought by either party for breach of this Agreement or to enforce any provisions herein, the prevaHing party to such action shall be entitled to reasonable attorneys' fees, court costs, and such other costs as may be fixed by the Court. A r 20. �nev �" go PCos s in Legal ,A�4�:� BY Third Pities to the ft. - If any person or entity not a party to this Agre6ment initiates an a on 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. 27 859465 Versiom 5 Final 11/09/06 21. JrgpfIffsjM ftigpM21ft. 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 wiitten assignment by Landowner and assumption by the assignee of such assignment in the farm attached hereto as Exhibit 0, 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. Aginyeme% Rtes yrith the Land. Except as otherwise provided for in Section 15 of this Agreement, all df 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 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. Sawk- rup1W. The obligations of this Agreement shall not be dischargeable in bankruptcy. 24. Int m fl tri ion. Landowner agrees to indemnify, defend and hold harmless City, and its elected and ippointed 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 contractors, 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 28 859465 Version 5 Final 11/09/06 agreement or maintenance bond) and (2) any additional mitigation required, including but not limitd 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. Pub0c WakljW L#W PrwwrW Damaime Insurance. At all times that Landowner is consiructind 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 cross4iability endorsement. 26.2. Wglrkem'�C n�M 9sstton Insurance. At all times that Landowner is constructing any impro ments that will became 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. Kviftnce gJ Inturance. 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 appointive boards, commissions, officers, agents, employees and representatives and to Landowner performing work on the Project. 26. gxRMse fM_ N_ offiggrformance. Landowner and City shall be excused from performing any obtigatiorf 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. 31 859465 Version 5 Final 11/09/06 27. T Pl iia igs. This Agreement is made and entered into for the sole protection and benelttof the Landowner and, the City and their successors and assigns. No o4her person shall have any right of action based upon any provision in this Agreement. 28. es. 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 141anager P.O. Box 3006 Lodi, CA 95241-1910 Notice regUred to be given to the Landowner shall be addressed as follows: FRONTIER COMMUNITY BUILDERS, INC. Eitheir party may change fete address stated herein by giving notice in writing to the other party, and hereafter notices shailf be addressed and transmitted to the new address. 29. Form of sM: ftMLdjWWR ExhUlft. Except when this Agreement is automatically terminated due to the expiration of the Term of the Agreement or the provisions of 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. Fu her AmIngpcoo. The Parties agree to execute such additional instruments and to undertake such ac#ons as may be necessary to effectuate the intent of this Agreement. 31. City Coop* tom. The City agrees to cooperate with Landowner in securing all permits which may be rdlquired 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 9M 859465 Version 5 Final 11/09/06 preolude compliance with one or more provisions of this Agreement, or require changes in plan, maps or permits approved by City, the parties agree that the provisions of this Agreement shad be modified, extendod, 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 Agrernent 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 , 2006, and Landowner has caused this Agreement to be executed. "CITY" CITY OF LODI, a municipal corporation By: Name: Blair King Its: City Manager ATTIEST: City Zlerk APPROVED AS TO FORM: D. S(ephen Schwa Bauer City Attorney 31 859465 Version 5 Final 11/09/06 "LANDOWNER" FRONTIER COMMUNITY BUILDERS, INC. By: — Name: Its: Exhibit A-1: EAR* A-2: Exhibit 8: Exhibit S-1.. Exhibit C-1: E~ C-2: Exhibit D: Exhibit E -- Exhibit F: P-~ G: Exhibit H: Exhibit 1: Exhibit J: 8594$5 Vern 5 Final 11/09106 Legal Description of the Property Dlagmm of the Propwty Germal Pian Land Use Map Zoniog Map for Project She Large Lot Tentative Subdivision Map Development Plan and Infrastructure Map for the Property Grovoth Managenient: ANocations Annakation Approves Form of Assignment Schedule of Improvemerb Park Improvernerds ReqAoired Park Amenities EXHIBIT A-1 LEGAL DESCRIPTION OF THE PROPERTY The bnd referred to heron is sibated in the She of California, County of San Joaquin, City of Lodi, and Is desttbed as follows: 859465 Version 5 Fina! 11/49/06 EXHWT A-2 DIAGIVA OF THE 85940 Versiao 5 Final 11/09/06 EXHIBIT C-1 Large Lot Tentative Subdivision Map 8594(x6 Version 5 Final 11/09/06 • • • A1NMalr01$iMtI11Q6 ^�r.r �•• d�i14aY11B1 --------------------- Fll .... Ov ed i r !4 � i + k - iNY1 NY�8'lLl�l•LI AYAIyaYE L ------ �r .•Kaye i in i e F7 EXWBIT C-2 Reserved 859465 VersiBn 5 Final 11/09/06 EXHIBIT D DEVELOPMENT PLAN AND INFRASTRACTURE MAP FOR THE PROPERTY 859465 Version 5 Final 11/09/06 EXHIBIT E SOUTHWEST GATEWAY PROJECT GRDWTH MANAGEMENT ALLOCATION TABLE Ap#cable Date Allocation Effective Date of 300 Low Density units (Reserve) De to meet A reemertt 300 High Density units Reserve Within the Calendar Year One Year 59 Low Density units after Effective Date 75 Medium Density units With the Calendar Year Two Years 59 Low Density units after. Effective Date 29 Medium Density units Witch the Calendar Year Three Years 59 Low Density units after. Efllactive Date 28 Medium Density units Wit* the Calendar Year Four Years 59 Low Density units after Effective Date 28 Medium Density units Witl1 the Calendar Year Five Years 59 Low Density units after fective Date With the Calendar Year Six Years 59 Low Density units afterEffective Date Within the Calendar Year Seven Years 58 Low Density units after.Effective Date With1n the Calendar Year Eight Years 58 Low Density units after Effective Date 859465 Version 5 Final 11/09/06 EXHIBIT F ANNEXATION APPROVALS 859465 Version 5 Final 11 /09/06 EXHIBIT G FORM OF ASSIGNMENT OFFICIAL BUSINESS: Document entiged to flee recording Government Code Section 6103 RECORDING REQUPSTED BY AND WHEN RECOR , D 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) AS IGNMENT AND ASSUMPTION AGREEMENT RELATTV6 TO FRONTIER CO UNITY BUILDERS WESTSIDE DEVELOPMENT AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter, the "Agreement") is enteted into this day of , 200_ , by and between Frontier Community Builders, a corporation (hereinafter "Developer"), and a(hereinafter "Assignee"). RECITALS 1. On , 2006, the City of Lodi and Developer entered into that certain agreement enbed "Development Agreement By and Between The City of Lodi and Frontier Community Builders, Inc. related to the development known as Frontier Community Builders Southwest Gateway 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 859465 Version 5 Final 11/09/06 Subject Property in the Official Records of San Joaquin County on , 2006, as Instrument No. _- 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 =1 and Exhibit A-2, attached hereto and incorporated herein by this reference (hereinafterthe "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. AS HENT AND ASSWPTION 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: 859465 Version 5 Final 11/09/06 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. DEVELOPER: a By-. Forint Name: Title: Division President 89465 Version 5 Final 11/09/06 ASSIGNEE: a By: Print Name: Title: EXHIBIT H SCHEDULE OF IMPROVEMENTS 859465 Version 5 Final 11/09/06 EXHIBIT I PARK IMPROVEMENTS Westside/Southwest Gateway Development Agreement Basin/Park Area Summary Westside Annexation Paris ocation Basin(1),acres Net (2),acres Gross, acres Total 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 Gatewav Annexation Location Basin(1),acres Park Net 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 Centuq Blvd. 0 0 0 (1) Westside Annexation area basin calculations not approved. The basin area numbers are subject to change. (2) Net area m#asured from street right of way. Area requir*ments are exclusive of bike and ped routes. (3) Park to be bcated at the southwest end of designated area. (4) Paris to be *cated at the south end of designated area. (5) Two slivers of open space are shown on Century Blvd. Neither area provides sufficient space for park facilities. 859465 Votsion 5 Final 11/09/06 (3) (4) (5) ffxwmT J REQUIRED PARK AMENITIES 859465 Version 5 Final 11/09/06 ©s■■s�o®©o©a■sv00000v©© ©■■©■000©o©�■■■�■■v000000©© ©�■■■�■■■■©oo■■■�■�■vo©moo©�■© o�©■■■■■�■�©o©■■�vo©moo©■© ©�©■■�■■�■�©o©�■�oo©moo©■© 859465 Version 5 Final 11/09/06 RESOLUTION NO. 2006-212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI APPROVING THE REQUEST OF TOM DOUCETTE, FRONTIERS COMMUNITY BUILDERS, FOR AN AMENDMENT TO THE BICYCLE TRANSPORTATION MASTER PLAN TO IMPLEMENT THE SOUTHWEST GATEWAY DEVELOPMENT 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 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; and WHEREAS, the project proponent and applicant is Tom Doucette, Frontiers Community Builders, 10100 Trinity Parkway, Suite 420, Stockton, CA 95219; and WHEREAS, the Planning Commission of the City of Lodi has held a duly noticed public hearing, as required by law, on the requested Master Plan Amendment on October 11, 2006 and October 25, 2006, and its motion to recommend approval to the City Council was defeated on a 2 to 5 vote; and WHEREAS, the City Council did certify the Environmental Impact Report (EIR) (EIR-05-01) and adopted Findings and a Statement of Overriding Considerations pursuant to California Environmental Quality Act (CEQA); and WHEREAS, the Bicycle Transportation Master Pian includes a Class I bike path along the western edge of Southwest Gateway 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 Southwest Gateway Development Plan; and WHEREAS, all legal prerequisites to recommend the approval of this request have occurred; and WHEREAS, based upon the evidence within the staff report and project file, the Planning Commission of the City of Lodi makes the following findings: 1. The EIR (EIR-05+01) was certified by City Council Resolution No. 2006-209 and Findings and Statement of Overriding Considerations for the project pursuant to CEQA were adopted by City Council Resolution No. 2006-209. 2. The required pubific 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. XUdn wwmr.ACrr*EWt- 2MW"mW212.aw 4. It is found that 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 Southwest Gateway Project would comply with the other bike path locations shown on the Bicycle Transportation Master Plan including a Class I bike path on Century Boulevard (between the western edge of the Southwest Gateway project boundary and Westgate Drive) and a Class II bike path on Kettleman Lane, Lower Sacramento Road and Century Boulevard (between Westgate Drive and Lower Sacramento Road). 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 City Council of the City of Lodi hereby approves the Bicycle Transportation Master Plan amendments as follows: 1. The Bicycle Transportation Master Plan is hereby amended to modify the location of the Class I bike path from the western edge of the Southwest Gateway plan area to be centrally located within the plan area. Dated: November 15, 2006 I hereby certify that Resolution No. 2006-212 was passed and adopted by the Lodi City Council in a regular meeting held November 15, 2006, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, and Johnson NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — Mayor Hitchcock R JOHL City Clerk 2006-212 pMdnffiW +AiCn'Y%3W21:.(k9 2 F v 004 Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: NOTICE OF PUBLIC HEARING CONCERNING THE SOUTHWEST GATEWAY PROJECT (INCLUDING "OTHER ANNEXATION AREAS") AND WESTSIDE PROJECT PUBLISH DATE: SATURDAY, NOVEMBER 4, 2006 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, NOVEMBER 2, 2006 ORDERED BY: ,Jl"IFR . PrERRIN, CMC trIEPUTY CITY CLERK RANDIJOHL CITY CLERK DANA R. CHAPMAN ADMINISTRATIVE CLERK Faxe0tothesentir l at 3I�69A at ) on I t (d Ia) (Pa - .N5 Ph ed to contkm recWof alt, p9W at (time) -----lLT p{initis} formsladvins.doc PECLARATPH Of PQITING NOTICE Of PUBW HEARING CONCERNING THE SOUTHWEST GATEWAY PROJECT (INCODING "OTMER AMMATION AREAS") AND WESTSIDE PROJECT Can Friday, November 3, 2006, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing concerning the Southwest Gateway Project (including `other annexation areas") and Westside Project (attached and marked as Exhibit A) was pasted 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 Novemb*r 3, 2006, at Lodi, California. 46 i 11 NNIF M. PERRI 1, CMC PUTY ITY 4 NNCLERK N:1AdministratiorLWLERK\Forms\DECPOST.DOC ORDERED BY: RANDI JOHL CITY CLERK DANA R. CHAPMAN ADMINISTRATIVE CLERK NOTICE OF PUBLIC HEARING CONCERNING THE SOUTHWEST GATEWAY PROJECT (INCLUDING "OTHER ANNEXATIM AREAS") AND WESTSIDE PROJECT On November 3, 2006, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing Notice of Public Hearing concerning the Southwest Gateway Project (including "other annexation areas") and 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 Vices to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2006, at Lodi, California. 4yklFEFI M.ItERRIN, CMC DEPUTY CITY CLERK ►orms/decmait.doc ORDERED BY: RANDI JOHL CITY CLERK, CITY OF LODI DANA R. CHAPMAN ADMINISTRATIVE CLERK CITY OF LODI " Carnegie Forum 305 West Pine street, Lodi NOTICE Of CONTINUED PUBLIC HEARING Date: November 15, 2006 Time: 7:00 p.m. For information regarding this notice please contact: Randi Johl City Clerk Telephone: (209) 333-6702 NOTICE OF CONTINUED PUBLIC HEARING 1EXHIBIT Al NOTICE IS HEREBY GIVEN that on Wednesday, November 15, 2006, at the hour of 7:04 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 3015 West Pine Street, Lodi, to consider the following matter: a) Certify the Lodi Annexation Environmental Impact Report for the Southwest Gateway Project (Including "Other Annexation Areas") and Westside Project b) Approve the Southwest Gateway Project, which Includes an Annexation, Pre -Zoning, Development Agreement, and Amendment to the Bicycle Transportation Master Plan, to Incorporate 305 Acres into the City of Lodi to Allow Construction of 1,300 Dwelling Units, 5 Neighborhood/Community Parks, and a Public Elementary School on the West Side of Lower Sacramento Road, South of Kettleman Lane, North of Harney Lane (including 565 and 603 East Harney Lane) Including a City Initialled Request for the "Other Annexation Areas" (48 Acres) for Annexation, General Plan Amendment from a Land Use Designation of PR (Planned Residential) to MDR (Medium Density Residential), and a Pre -Zoning of R -MD (Residential Medium Density) to Avoid Creation of a County Island C) 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 Muster Plan to Incorporate 151 Acres into the City of Lodi to Allow Construction of 750 Dwelling Units, 3 Neighborhood/Community Parks, and a Public Elementary School at 351 East Sargent Road, 70 East Sargent Road, 212 East Sargent Road, 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, 2"d 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. Zy , the Lodi City Council: i n Johl City Clerk D. SWhen Schwabauer City Attorney CLERKIPUB4EARW6TKMSW0iCW.00C 11MM Westside 500 ft radius APN OWNER ADDRESS CITY STATE ZIP SITUS 027050 PROTESTANT 1055 LOWER LODI CA 95242 05 EPISCOPAL BISHOP SAC RD CO 027240 AGUIRRE, DAVID S 301 LELAND LODI CA 95242 01 & JULIE CT 027240 HALE, RAYMOND L 309 LELAND LODI CA 95242 02 CT 027240 HARDWICK, ROBERT 324 LELAND LODI CA 95240 05 0 & GAY CT 027240 FRADKIN, CHANAN 316 LELAND LODI CA 95242 06 CT 027240 NICKEL, ESTHER 308 LELAND LODI CA 95242 07 TRUSTEE CT 027240 NEUHARTH, 300 LELAND LODI CA 95242 08 RICHARD & EDITH CT TR 027240 LIEBIG, GIDEON J 317 LELAND LODI CA 95242 09 TR CT 027240 UEHLING, KENNETH 325 LELAND LODI CA 95242 10 R & JULIET TR CT 027340 KOSTA, 340 S LODI CA 95242 07 CHRISTOPHER LOWER SAC LLOYD RD 027400 KRISTMONT WEST 7700 SACRAMENTO CA 95826 2650 W LODI AV 04 COLLEGE TOWN DR #111 027400 WESTGATE 7700 SACRAMENTO CA 95826 333 S LOWER SAC 05 SHOPPING CENTER COLLEGE RD L ET TOWN DR ##101 027400 KRISTMONT WEST 7700 SACRAMENTO CA 95826 2500 W LODI AV 06 COLLEGE TOWN DR #111 027400 WESTGATE 7700 SACRAMENTO CA 95826 363 S LOWER 07 SHOPPING CENTER COLLEGE SACRAMENT RD L ET TOWN DR $#101 027400 KRISTMONT WEST 7700 SACRAMENTO CA 95826 515 S LOWER SAC 09 COLLEGE RD TOWN DR #111 027400 TEMPLE BAPTIST 301 S LODI CA 95242 2695 W VINE ST 12 CHURCH OF LODI LOWER SAC RD 029320 DOLLINGER, VIOLA 2537 LODI CA 95242 01 TR CENTRAL PARK DR 029320 GRIFFANTI, 2541 LODI CA 95242 02 FERNANDO C & CENTRAL NANCY PARK DR 02932.0 WESTERBACK, 2545 LODI CA 95242 03 EDWIN E & DENISE CENTRAL L PARK DR 029320 CLELAND, LARRY & 2459 LODI CA 95242 2549 CENTRAL PARK 04 LYNETTE TR CENTRAL DR PARK DR 029320 UPDEGRAFT, 2553 LODI CA 95242 Westside 500 ft radius 05 BARBARA D TR CENTRAL ETAL PARK DR 029320 KISHIDA, EIKO PO BOX STOCKTON CA 95201 2557 CENTRAL PARK 06 201014 DR 029320 BARTHOLOMEW, 2561 LODI CA 95242 07 ROBERT W & E TR CENTRAL PARK DR 029320 ROSEBERRY, CAROL 2565 LODI CA 95242 08 R 'IR CENTRAL PARK DR 029320 MCMAHON, MARY 2569 LODI CA 95242 09 ELLEN TR CENTRAL PARK DR 029320 CAVEY, NOLAND B 8079 SACRAMENTO CA 95826 2573 CENTRAL PARK 10 & SANDRA J TR CARIBBEAN DR WAY 029320 BONNER, CHERYL 2577 LODI CA 95242 11 CENTRAL PARK DR 029320 BENTZ, BEVERLY 2581 LODI CA 95242 12 TR ETAL CENTRAL PARK DR 029320 MORIWAKI, SUGA 2585 LODI CA 95242 13 ANN CENTRAL PARK DR 029320 GARIBALDI, WILMA 2589 LODI CA 95242 14 J TR CENTRAL PARK DR 029320 FIELD, MARILYN E 624 PALM LODI CA 95240 2335 HYDE PARK CI 15 TR AVE 029320 MCINTOSH, JAMES 2339 HYDE LODI CA 95242 16 L & MARGARET T PARK CIR 029320 PARKIN, PATRICIA 2343 HYDE LODI CA 95240 17 LEA PARK CIR 029320 COONEY, LOLA M 2347 W LODI CA 95242 18 TR HYDE PARK CIR 029320 WHITE, WARNER & 5185 CHOWCHILLA CA 93610 2351 HYDE PARK Cl 19 DONNA CONGRESSIO NAL ST 029320 GRANT, .TAMES R 2355 HYDE LODI CA 95242 20 III & KATHRYN. PARK CIR 029320 PARK, CHUNIL & 1316 BERKELEY CA 94709 2359 HYDE PARK CI 21 SOONJA BONITA AVE #6 029320 LEONARD, LEON F 2363 HYDE LODI CA 95240 22 & BARBARA J_ PARK CIR 029320 MACOMBER, ROY C 2367 HYDE LODI CA 95242 23 & ADELAIDE TR PARK CIR 029320 CARTER, JACK E & 2371 HYDE LODI CA 95242 24 MARTHA L TR. PARK CIR 029320 LUNDIN, ROY H & 2375 HYDE LODI CA 95242 25 N B TRS PARK CIR 029320 SWEENEY, JAMES M 2379 HYDE LODI CA 95242 26 TR ETAL PARK CIR 029320 DURHAM, JUDITH J 2383 HYDE LODI CA 95242 27 TR PARK CIR 029320 FARRELL, COLETTE 2387 HYDE LODI CA 95242 28 L TRI PARK CTR 029320 KAYL, HAROLD H &1 2388 HYDE LODI CA 95242 Westside 500 ft radius 29 MARTHA S PARK CIR 029320 SEIBEL, DONALD .J 2384 HYDE LODI CA 95242 30 & VIRGINIA TR PARK CIR 029320 SWEIGARD, ROBERT 2376 HYDE LODI CA 95242 31 B & VIRGINIA PARK CIR 029320 WALKER, STEPHEN 2348 HYDE LODI CA 95242 32 U & JUDY ANN T PARK CIR 029320 DARCY, MIKE ETAL 2342 HYDE LODI CA 95242 33 PARK CIR 029320 BEARDSLEY, BETTE 2338 HYDE LODI CA 95242 34 D TRUSTEE PARK CIR 029320 PARKISON, 2334 HYDE LODI CA 95242 35 MARJORIE L TR PARK CIR 029320 SCHMIDT, WALTER 208 LODI CA 95242 36 TR GRAMERCY PARK DR 029320 REISS, W & C 204 LODI CA 95242 37 COTRS ETL GRAMERCY PARK DR 029320 MITCHELL, CHERYL 200 LODI CA 95242 38 R TR GRAMERCY PARK DR 029320 RUGO, JERRY ETAL 2495 LODI CA 95242 39 MACARTHUR PKWY 029320 WNXELL, DOLORES 2491. LODI CA 95242 40 A TR MACARTHUR PKWY 029320 ROSENAU, LELAND 15625 N LODI CA 95242 2487 MACARTHUR PK 41 A & D ARLENE R DAVIS RD 029320 O LEARY, DANIEL 2483 LODI CA 95242 42 G & BEVERLY A MACARTHUR PKWY 029320 SMITH, DONALD R 2479 LODI CA 95242 43 & LILA F TR MACARTHUR PKWY 029320 PFANNMULLER, 2475 LODI CA 95242 44 MARJORIE A ETAL MACARTHUR PKWY 029320 DEMSKI, STANLEY 2471 LODI CA 95242 45 L TR ETAL MACARTHUR PKWY 029320 MOORE, MILDRED I 2467 LODI CA 95242 46 1ACARTHUR PKWY 029320 SISEMORE, DANIEL 2463 LODI CA 95242 47 C & MABEL E MACARTHUR PARKWAY 029320 KUEHNE, LLOYD D 2459 LODI CA 95242 48 TR ETAL MACARTHUR PKWY 029320 MCTNTOSH, PO BOX 414 PACIFIC CA 90272 2455 MACARTHUR PK 49 GREGORY J & LORI PALISAD W 029320 PAIGE, JAMES M & 2451 MAC LODI CA 95242 50 MARJORIE M ARTHUR PKWY 029320 TORE, MILLARD L 2447 LODI CA 95242 51 & NORMA J TR MACARTHUR PKWY Westside 500 ft radius 029320 GLENN, JERRY L & 2443 LODI CA 95242 52 SUSAN Y MACARTHUR PARKWAY 029320 FELL, DOUGLAS E 222 E SANTA CA 93101 2439 MACARTHUR PK 53 TR CARRILLO BARBARA 029320 GABRIELSON, CURT 2435 LODI CA 95242 54 & BEVERLY MACARTHUR PKWY 029320 HONEY, RAYMOND & 2431 LODI CA 95242 55 JANET MACARTHUR PKWY 029320 RINAUDO, JAMES J 2427 LODI CA 95242 56 & NANCY L TR MACARTHUR PKWY 029320 FILBIN, BARNEY & PO BOX LODI CA 95241 2396 CENTRAL PARK 57 V TRS 2661 DR 029320 SMITH, RICHARD C 2402 LODI CA 95242 59 CENTRAL PARK DR 029320 DANIELS, ALLEN L 2406 LODI CA 95242 59 TR ETAL CENTRAL PARK DR 029320 CRETE, MICHAEL M 2884 E ACAMPO CA 95220 2410 CENTRAL PARK 60 WOODBRIDGE DR RD 029320 BEDFORD, MICHAEL 177 RIVER WOODBRIDGE CA 95258 2409 CENTRAL PARK 61 D ETAL MEADOWS DR DR 029320 ANDERSEN, BOB R 2405 LODI CA 95242 62 & NAOMI R TR CENTRAL PARK DR 029320 MARTIN, WILLIAM 2401 LODI CA 95242 63 F & SUSAN K CENTRAL PARK DR 029320 FORNEY, CHARLES 2397 LODI CA 95242 64 A & MAVIS B TR CENTRAL PARK DR 029320 HANDEL, LEON E & 10155 E LODI CA 95240 2393 CENTRAL PARK 65 BETTY L TR KETTLEMAN DR LN 029320 SCHULENBURG, 2426 LODI CA 95242 66 MARIE ROSE TR CENTRAL PARK DR 029320 HODGSON, MICHAEL 5843 E STOCKTON CA 95212 2430 CENTRAL PARK 67 GEORGE TR ETAil ASHLEY LN DR 029320 BAUSERMAN, 2434 LODI CA 95242 68 GEORGE L TR ETAL CENTRAL PARK DR 029320 KRONEMANN, LINDA 2438 LODI CA 95242 69 L CENTRAL PARK DR 029320 CHALMERS, ROY M 1234 ROHNERT CA 94928 2442 CENTRAL PARK 70 & REGINA S TR HEARTWOOD PARK DR DR 029320 MEHAFFEY, DONALD 2446 LODI CA 95242 71 C TR CENTRAL PARK DR 029320 WILLIAMS, PO BOX WOODBRIDGE CA 95258 2458 CENTRAL PARK 72 ELIZABETH N TR 1064" DR ETAL 029320 EMLER, HAROLD & 2462 L( CA 95242 Westside 500 ft radius 73 L TRS CENTRAL PARK DR 029320 THOMASON, BOB M 2466 LODI CA 95242 74 & DONNA D TR CENTRAL ` PARK DR 029320 MERRILL, H L TR 2470 LODI CA 95242 75 CENTRAL • PARK DR 029320 MOREHEAD, WILLA 2474 LODI CA 95242 76 D ETAL CENTRAL PARK DR 029320 RAMIREZ, EZEKIEL 247B LODI CA 95242 77 S & L CENTRAL PARK DR 029320 ARMKNECHT, 5595 SAN PLEASANTON CA 94566 2482 CENTRAL PARK 78 JANETTE TR ANTONIO ST DR 029320 DUNCAN, HAROLD W 2486 LODI CA 95242 79 & NONA E TR CENTRAL PARK DR 029320 ZWOLDT, DONALD D 2490 LODI CA 95242 80 & ETHEL L CENTRAL PARK DR 029320 QUINN, THOMAS J 2494 LODI CA 95242 81 & MARGARET E T CENTRAL PARK DR 029320 SOLARI, ANNETTA 2498 LODI CA 95242 82 M TR ETAL CENTRAL PARK DR 029320 CUSHING, V 2497 LODI CA 95242 83 LOUISE CENTRAL PARK DR 029320 BLUE, KENNETH F 2485 LODI CA 95242 84 & HELEN W TR CENTRAL PARK DR 029320 GARVEY, SHARON A 2481 LODI CA 95242 85 TR CENTRAL PARK DR 029320 LEWKOWITZ, 2477 LODI CA 95242 86 GEORGE V & CENTRAL MARJORIE PARK DR 029320 SWIFT, SYLVIA L PO BOX MINDEN NV 89423 2473 CENTRAL PARK 87 TR 1977 DR 029320 HOPE, BETTY L TR 2469 LODI CA 95242 88 CENTRAL PARK DR 029320 MNG, NORMAN D & 2465 LODI CA 95242 89 LAQUITA J TR CENTRAL PARK DR 029320 BRUSA, SELDON C 2461 LODI CA 95242 90 & S ELIZABETH CENTRAL PARK DR 029320 PARKVIEW TERR, 2346 LODI CA 95242 91 HOMEOWNERS ASSN CENTRAL PARK DR 029430 DEVINE, DAVID M 2857 LODI CA 95242 06 & NANCY I TR APPLEWOOD DR 029430 PRICE, STEVEN D 2865 LODI CA 95242 07 & SUSAN C APPLEWOOD DR Westside 500 ft radius 029430 MCMULLIN, MATHEW 2905 LODI CA 95242 08 E & CALISTA M APPLEWOOD DR 029430 ROSS, ELLWOOD & 2915 LODI CA 95242 09 DOROTHY ANN APPLEWOOD DR 029430 SYPNIESKI, STEVE 2923 LODI CA 95242 10 & ELIZABETH APPLEWOOD DR 029430 $RAND, RICKY L & 2931 LODI CA 95242 11 LEILA M TR APPLEWOOD DR 029430 TURNER, RICHARD 2943 LODI CA 95242 12 & MARGARITA APPLEWOOD DR 029430 BATCH, ROBERT R 2615 PARK LODI CA 95242 52 APPLEWOOD DR 13 & SMADAR WEST DR 029430 NICHOLS, EILEEN 60 LODI CA 95242 14 APPLEWOOD DR 029430 HIEB, WESLEY 68 LODI CA 95242 15 KENN APPLEWOOD DR 029430 SCHRENK, BRADLEY 76 LODI CA 95242 16 S & MARJORY L APPLEWOOD DR 029430 STERNECKER, 87 LODI CA 95242 23 GEORGE & JOAN TR APPLEWOOD DR 029430 BLEHM, TERRANCE 79 LODI CA 95242 24 L & MICHELE R APPLEWOOD DR 029430 NICOLAOU, BRENDA 71 LODI CA 95242 25 J TR APPLEWOOD DR 029430 SHERMAN, PATRICK 63 LODI CA 95242 26 H & JANET R APPLEWOOD DR 029430 LARSEN, JEFFERY 55 LODI CA 95242 27 & LAURIE APPLEWOOD DR 029430 SPALETTA, JASON 45 LODI CA 95242 28 & JENNIFER APPLEWOOD DR 029430 GIANNONI, JOHN M 2960 LODI CA 95242 29 JR & KERRY TR APPLEWOOD DR 029430 BATCH, ROBERT II 2952 LODI CA 95242 30 APPLEWOOD DR 029430 KORT, DALLAS PO BOX 126 LODI CA 95241 2944 APPLEWOOD DR 31 DEAN & JONI ELLEN 029430 HERYFORD, 2936 LODI CA 95242 32 WILLIAM P & TINA APPLEWOOD C W DR 029430 HANSEN, LAWRENCE 2928 LODI CA 95242 33 DONALD & LIND APPLEWOOD DR 029430 CLARK, MICHAEL & 2920 LODI CA 95242 Westside 500 ft radius 34 MELINDA APPLEWOOD. DR 029430 WALLACE, KEITH & 29 LODI CA 95242 35 MACHELLE PARADISE DR' 029430 MORTENSON, FRED 2856• fiODI CA 95242 36 K &.MYRA A APPLEWOOD .DR 029430 PATRICK, ROBERT 2848 LODI CA 95242 37 E & SUSAN C APPLEWOOD DR 029430 RHED, ROBERT J 2840 LODI CA 95242 38 III & LISA J APPLEWOOD DR 029430 ENDTER, DAVID & 2832 LODI CA 95242 39 CATHLEEN APPLEWOOD DR 029430 GHAVAMI, MORIN P 2824 LODI CA 95242 40 APPLEWOOD DR 029450 MAPLE, LOUISE S 2631 LODI CA 95242 29 PARADISE DR 029450 YAO, WEIPING & 2623 LODI CA 95242 30 XIAOJI PARADISE DR 029450 GARRETSON, 2617 LODI CA 95242 31 PHILLIP E & LYNN PARADISE E DR 029450 RAUSER, MICHAEL 2611 LODI CA 95242 32 L PARADISE DR 029450 WHITE, RANDEL E 2610 LODI CA 95242 33 & CHARLENE M PONDEROSA DR 029450 SMITH, STAN P & 2616 LODI CA 95242 34 KAREN J PONDEROSA DR 029450 DEVINE, GREGORY 2622 LODI CA 95242 35 D & KANDACE L PONDEROSA DR 029450 CASALINA, MARVIN 2630 LODI CA 95242 36 & DOLORES PONDEROSA DR 029450 KLABACKA, 2636 LODI CA 95242 37 RICHARD PONDEROSA DR 029450 GOODWYN, DORAN L 2640 LODI CA 95240 38 & KENDALL M PONDEROSA DR 029450 WALKER, ROBERT D 2646 LODI CA 95242 39 & VICKY E PONDEROSA DR 029450 KELLEY, GLENN P 2652 LODI CA 95242 40 & DEBRA A PONDEROSA DR 029450 BERCHER, LULA M 2658 LODI CA 95242 41 TR PONDEROSA DR 029450 COCKRUM, VIRGLE 2664 LODI CA 95242 Westside 500 ft radius 42 & LUELLA J TR PONDEROSA DR 029450 LEE, DAVID & 2670 LODI CA 95242 43 DEANNA PONDEROSA DR 029450 HALL, KATHLEEN 2676 LODI CA 95242 44 PONDEROSA DR 029450 JORGENSON, 2682 LODI CA 95242 45 EDWARD C & JOANN PONDEROSA DR 029450 SEVERSON, RYAN & 2688 LODI CA 95242 46 KRISTIN PONDEROSA DR 029450 BARRON, JEFFREY 9 ELDERICA LODI CA 95242 48 D & NICOLE A WAY 029450 KLINKER, MATTHEW 7 ELDERICA LODI CA 95242 49 H & JESSICA A WAY 029450 NOZNICK, MICHAEL 5 ELDERICA LODI CA 95242 50 K & JANE E TR WAY 029490 LUNA, SHIRLEY B 23 LODI CA 95242 01 TR EVERGREEN DR 029490 CASTILLO, ERNEST 17 LODI CA 95242 02 & GENEVIEVE T EVERGREEN DR 029490 ITO, WARREN K & 11 LODI CA 95242 03 TRACI T TAMURA EVERGREEN DR 029490 ARCHULETA, 2811 LODI CA 95242 04 JORDAN A PARADISE DR 029490 SHEPARD, ROBERT 2819 LODI CA 95242 05 L JR & ANGELA PARADISE DR 029490 BATCH, ROBERT SR 52 LODI CA 95242 2825 PARADISE DR 06 TR APPLEWOOD DR 029490 REITZ, MICHAEL 2833 LODI CA 95242 07 DONALD TR ETAL PARADISE DR 029490 CRIVELLI, STEVEN 2841 LODI CA 95242 08 & JULIE A PARADISE DR 029490 $ATCH, ROBERT SR 52 LODI CA 95242 2851 PARADISE DR 09 TR APPLEWOOD DR 029490 GATSCHET, 2868 LODI CA 95242 10 TIMOTHY W & PARADISE DONNA LE DR 029490 PEARSON, SUSAN P 2860 LODI CA 95242 11 PARADISE DR 029490 HERRICK, BRADLEY 2852 LODI CA 95242 12 C & BEVERLY F PARADISE DR 029490 HALL, LYNN E TR 2844 LODI CA 95242 13 ETAL PARADISE DR 029490 ?MORIN, JULIAANE 2836 LODI CA 95242 Westside 500 ft radius 14 TR ETAL PARADISE DR 029490 BUTORAC, JOHN P 2828 LODI CA 95242 15 TR PARADISE DR 029490 KESSLER, ERNEST 2820 LODI CA 95242 16 K & JOAN A PARADISE DR 029490 MACBETH, KATHY L 2812 LODI CA 95242 17 PARADISE DR 029490 CHRISTENSEN, 2804 LODI CA 95242 18 ANDERS & JOAN PARADISE DR 029490 DEMPSEY, LLOYD B 2728 LODI CA 95242 19 & MARCIA M TR PARADISE DR 029490 HEBERLE, 2720 LODI CA 95242 20 FREDERICK J & PARADISE JUDY D DR 029490 CRANFORD, STEVE 2712 LODI CA 95242 21 P ETAL PARADISE DR 029490 CURL, JASON & 2704 LODI CA 95242 22 JENNIFER K PARADISE DR 029490 MCMILLEN, LARRY 2715 LODI CA 95242 23 K & JEANNE L PARADISE DR 029490 EDWARDS, RICHARD 4 LODI CA 95242 24 D & SHERRIE L EVERGREEN DR 029490 ARCHIBEQUE 8 LODI CA 95242 25 PATRICK J & EVERGREEN CHERIE DR 029490 9OLIGAN, GREGORY 12 LODI CA 95242 26 R & CAROLE A EVERGREEN DR 029500 VOURLES, JUDITH PO SOX 450 WOODBRIDGE CA 95258 2694 PARADISE DR 01 ETAL 029500 JOHNSON, GARY 2688 LODI CA 95242 02 PARADISE DR 029500 *ATSON, STEVEN D 2682 LODI CA 95242 03 & IVA M PARADISE DR 029500 MORTON, RONALD G 2676 LODI CA 95242 04 & NAOMI JOYCE PARADISE DR 029500 HARPER, RONALD G 6333 STOCKTON CA 95207 2670 PARADISE DR 05 & LUCILLE TR PACIFIC AVE 029500 KikRTINEZ, ERASMO 2664 LODI CA 95242 06 J & ELAINA L PARADISE DR 029500 MILLER, JAMES D 2656 LODI CA 95242 07 JR & LARELLE L PARADISE DR 029500 PROVOST, PERCY P 2639 LODI CA 95242 08 & FRANCES J Tj PARADISE Westside 500 ft radius DR 029500 DHALIWAL, JASBIR 2647 LODI CA 95242 09� & HARBINDER T PARADISE DR 029500 BRUNO, JEFFERY P 2655 LODI CA 95242 10 & KATHLEEN M PARADISE DR 029500 BALL, DOUGLAS 2661 LODI CA 95242 11 PARADISE DR 029500 TWITTY, MIKE W & 2667 LODI CA 95242 12 JILL M PARADISE DR 029500 MA'Y'ERS, 2673 LODI CA 95242 13 FREDERICK R TR PARADISE ETAL DR 029500 ]DAVIS, ROGER E & 2679 LODI CA 95242 14 PATRICIA A TR PARADISE DR 029500 LEWIS, MARTHA E 935 LODI CA 95242 2685 PARADISE DR 15 INTERLAKEN DR 029500 SHANKLES, 2691 LODI CA 95242 16 WILLIAM D & PARADISE JANICE J DR 029500 HURST, SHARON D 2652 LODI CA 95242 17 TR PARADISE DR 029500 WOODS, STEVEN P 2646 LODI CA 95242 18 & DENISE L PARADISE DR 029500 PERGERSON, 2640 LODI CA 95242 19 MATTHEW T & GINA PARADISE E DR 029520 PERLEGOS, PO BOX LODI CA 95241 2634 PARADISE DR 01 GEORGIA 1823 029520 LUBELL, DONNA H 2628 LODI CA 95242 02 PARADISE DR 029520 ROMERO, ANTHONY 2622 LODI CA 95242 03 J & MELISSA M PARADISE DR 029520 BYRD, RICHARD & 2618 LODI CA 95242 04 TRACT PARADISE DR 029520 FUREY, GREGORY J 4555 N STOCKTON CA 95207 2614 PARADISE DR 05 & MABEL L TR PERSHING AVE PMB#33113. 029520 CORDER, ANITA E 2610 LODI CA 95242 06 TR PARADISE DR 029520 ANDRESEL, 2606 LODI CA 95242 07 CATALIN PARADISE DR 029520 BUCK, DANA R & 2602 LODI CA 95242 08 JENNIFER R PARADISE DR 029520 WU, STEVEN C M & 2609 LODI CA 95242 09 CHIN MEI TR CREEKSIDE Westside 500 ft radius DR 029520 OSENGA, DENNIS J 2615 LODI CA 95242 10 & PATRICIA J CREEKSIDE DR 029520 LINCZ, FRANK 2621 LODI CA 95242 11 CREEKSIDE DR 029520 WILSON, ROBERT G 2627 LODI CA 95242 12 & NANCY A TR CREEKSIDE DR 029520 CHANG, CHE MING 2633 LODI CA 95242 13 TR CREEKSIDE DR 029520 LIEBELT, BRIAN D 2639 LODI CA 95242 14 & MARLIES N CREEKSIDE DR 029520 CHATHA, INDER S 2643 LODI CA 95242 15 & SURJIT K CREEKSIDE DR 029520 PERLEGOS, JEFF PO BOX LODI CA 95241 2649 CREEKSIDE DR 16 ETAL 1B23 029520 MAGEE, JERRY K 2640 LODI CA 95242 17 CREEKSIDE DR 029520 SILVANO, ROBERT 109 LODI CA 95242 18 M & BETHANY A FIELDSTONE CT 029520 PORTILLO, ADELA 127 LODI CA 95242 39 FIELDSTONE CT 029520 0 DONNELL, 130 LODI CA 95242 20 ZACHARY R & FIELDSTONE KELLY J CT 029520 FREGGIARO, 120 LODI CA 95242 21 VICKIE L TR FIELDSTONE CT 029520 HAPPEL, DEAN A 114 LODI CA 95242 22 ETAL FIELDSTONE CT 029520 LARRABEE, GARY M 108 LODI CA 95242 23 & KELLY L FIELDSTONE CT 029520 MCGOWAN, DENNIS 107 LODI CA 95242 24 J BOXWOOD CT 029520 FLAHERTY, DONALD 115 LODI CA 95242 25 D & DEBORAH R BOXWOOD CT 029520 SANDOVAL, PAUL D 121 LODI CA 95242 26 & MARTHA BOXWOOD CT 029520 MATTHEWS, DALE K 127 LODI CA 95242 27 BOXWOOD CT 029520 SOUZA, RODNEY J 139 LODI CA 95242 28 & TAMMY A BOXWOOD CT 029520 MYERS, JERRY L 142 LODI CA 95242 29 BOXWOOD CT 029520 NICHOLS, DENNIS 136 LODI CA 95242 30 L BOXWOOD CT Westside 500 ft radius 029520 ODOM, DENISE A 130 LODI CA 95242 31 BOXWOOD CT 029520 BAUMBACH, MITZI 124 LODI CA 95242 32 M TR BOXWOOD CT 029520 NAHIGIAN, JUDI A 118 LODI CA 95242 33 BOXWOOD CT 029520 HOGUE, ALEX B 112 LODI CA 95242 34 BOXWOOD CT 029520 WOEHLKE, KIRK M 106 LODI CA 95242 35 BOXWOOD CT 029520 TALENS, ZYRUS R 2509 LODI CA 95242 36 & DORIS G CREEKSIDE DR 029520 OLIVER, GEORGIA 2515 LODI CA 95242 37 F TR CREEKSIDE DR 029520 DOSIO, SHANE 2521 LODI CA 95242 38 CREEKSIDE DR 029520 ROYAL, GARRY M & 2574 LODI CA 95242 39 STEPHANIE M PARADISE DR 029520 VARGAS, JASON R 2568 LODI CA 95242 40 & JENNY R TR PARADISE DR 029520 VALLE, KARLA 2564 LODI CA 95242 41 PARADISE DR 029520 BANNON, CYNTHIA 2560 LODI CA 95242 42 A PARADISE DR 029520 LODI CITY OF PO BOX LODI CA 95241 144 BOXWOOD CT 43 3006 027030 JOHNSON, WILLIAM 907 TARA LODI CA 95240 458 W SARGENT RD 05 F & M S TR ET PL 027030 TRAVERSO, ALBERT PO BOX 247 ACAMPO CA 95220 120 W SARGENT RD 08 K ETAL 027030 FUKUNAGA, R 14704 N LODI CA 95240 21 W TAYLOR RD 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