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Full text of Reynen & Bardis' application to the county

Published Saturday, April 13, 2003

The text of Reynen & Bardis' application to the county to be relieved of the requirement to provide a river crossing between North and South:

RANCHO MURIETA SOUTH - ORDINANCE AMENDMENT
JUSTIFICATION STATEMENT

Reynen & Bardis Development, LLC (R&B) is requesting relief from the requirement to construct pedestrian/bicycle facilities in Rancho Murieta South that connect with similar offstreet facilities on the north side of the Cosumnes River as identified in Ordinance Nos. 77-PD-10, SZC-93-0050 and SZC-93-0052. We request that the requirement in the above Ordinances be amended and/or deleted as follows:

Ordinance 77-PD-10J, Section 178 shall be amended as follows:

"SECTION 178. RECREATION AND PEDESTRIAN ACCESS. A plan for pedestrian/bicycle trails south of the Cosumnes River shall be approved by the Project Planning Commission prior to occupancy of the first unit for Rancho Murieta South - Phase I. [DELETE: Said plan shall include a provision for pedestrian/bicycle access that connects to pedestrian/bicycle facilities on the north side of the Cosumnes River and shall indicate timing for the installation and financing mechanism for the access. If no internal pedestrian/bicycle trail to the north side of the Cosumnes River can be developed pursuant to said plan, than the developer shall provide for pedestrian/bicycle access along the north side of State Route 16 consistent with condition No.5 of the Tentative Subdivision Map.] Within 18 months of the issuance date of the first residential building permit for this project, the developer shall develop or cause to be developed 5 acres ofneighborhood park uses at the joint park/school site south of the Cosumnes River as designated on the County adopted Master Plan. [DELETE: The developer shall also initiate and proceed with detailed planning, consultations with Federal and State responsible and trustee agencies, and engineering analysis for construction of a pedestrian/bicycle "low-flow" floodable bridge over the Cosumnes River. Beginning from the date of project approval, by the last day of each calendar year, the developer shall submit to the Planning Director a written report describing the progress of efforts toward the planning and construction of this bridge.]

Ordinance SZC93-0050 (Phase 2, Riverview, Lakeview), Section 227 shall be deleted which reads as follows:

SECTION 227. RECREATION AND PEDESTRIAN ACCESS. Before construction of the 601st dwelling unit in the Rancho Murieta development south of the Cosumnes River, construct pedestrian/bicycle, facilities pursuant to the alignment shown on Exhibit "T" to connect with similar off-street facilities located on the north side of the Cosumnes River as identified by Section 178 of this ordinance.

Ordinance SZC93-0052 (The Crest, The Greens), Section 205 shall be deleted,
which reads as follows:

SECTION 205. RECREATION AND PEDESTRIAN ACCESS. Before construction of the 601st dwelling unit in the Rancho Murieta development south of the Cosumnes
River, construct pedestrian/bicycle facilities pursuant to the alignment shown on Exhibit "T" to connect with similar off-street facilities located on the north side of the Cosumnes River as identified by Section 178 of this ordinance.

R&B acknowledges the benefits of having a pedestrian/bicycle access between the south and north sides of the Cosumnes River in Rancho Murieta. We have worked diligently over the past year and a half to comply with the subject requirement. This requirement was placed on the subdivisions that comprise Rancho Murieta South and must be addressed prior to issuance of the 601st building permit. The alignment of this pathway is depicted in Ordinance No. 77-PD-10, SZC-93-0050 and SZC-93-0052 on Exhibit "T" that was approved as part of the original Tentative Map in 1993 for Phase II, The Crest, The Greens, Riverview and Lake View.

To date, we have made several proposals to the organizations that control the
construction, use and maintenance of recreation or transportation facilities in Rancho Murieta, including the Rancho Murieta Community Services District (RMCSD), the Rancho Murieta Association (RMA), the Rancho Murieta Country Club (RMCC), and the State Department of Transportation (Caltrans). Our efforts to reach consensus with these agencies on a viable plan have been unsuccessful. By way of background, the following outlines our efforts to date:

  • August 2001 - The RMCC Board of Directors tentatively approved a draft proposal relating to joint use of the existing yellow bridge and pathway on golf course property by members of the RMA.
  • September 2001 -- The RMCC Board of Directors rescinded its tentative approval.
  • October 2001 -- The RMCC Board of Directors issued a letter to the RMA
    indicating that the RMCC would favorably consider a proposal from RMA and R&B contingent on eight conditions included in the letter.
  • January 2002 -- R&B began working on the development of a revised plan in an effort to comply with the conditions outlined in the RMCC letter.
  • May 2002 -- The RMA Parks Committee, which includes a representative from R&B, formed an AD Hoc River Crossing Committee to further develop and refine our proposed pathway and river crossing.
  • July 2002 -- R&B and the Ad Hoc River Crossing Committee presented a plan for the pathway and shared use of the yellow bridge to the RMA and RMCC Board of Directors for consideration. This proposal included improvements to a number of South Golf Course facilities in this area (i.e. Hole #1 Tee Box, Hole #18 Tee Box and Cart Path, Starters Shack, Practice Putting Area, Golf Cart Parking Area and Yellow Bridge).
  • August 2002 -- The RMCC unanimously rejected our proposal.
  • October 2002 -- R&B presented a proposal to Caltrans depicting a pathway on the north side of State Highway 16 (Jackson Road) located in the existing right of way and utilizing the existing pedestrian crossing on the State Highway 16 Bridge over the Cosumnes River.
  • November 2002 -- Caltrans rejected our proposal to use their right of way due to the existing Highway's close proximity in several locations.

In addition, a "Low Flow Crossing" was proposed in 1993 as an option to meet the subject requirement. The County, State Department of Fish & Game and US Army Corps of Engineers deemed this option not viable due to safety and maintenance concerns, as well as impacts to sensitive habitat resources.

Based upon this information and lack of consensus and approvals from these organizations, we have been unable to reach agreement on a plan that would satisfy the condition as stated in Ordinance Nos. 77-PD-10, SZC93-0050 and SCZ93-0052.

R&B does, however, wish to comply with its financial obligation associated with Ordinance Nos. 77-PD-10, SZC93-0050 and SCZ93-0052. As an alternative for
complying with the requirement to construct the Cosumnes River pedestrian/bicycle facilities pursuant to the alignment shown on Exhibit "T", We offer the following revised condition of approval language for consideration:

RECREATION AND PEDESTRIAN ACCESS. In lieu of constructing pedestrian/bicycle facilities pursuant to the alignment shown on Exhibit "T" to connect with similar off-street facilities located on the north side of the Cosumnes River, pay a pro-rata share toward a future pedestrian/bicycle crossing of the Cosumnes River in Rancho Murieta that is deemed financially and logistically feasible as determined by the Sacramento County Planning Director. The financial obligation shall be conditioned on the projects known as The Crest, The Greens, Phase II; Riverview and Lake View. The financial obligation shall be $800 per single family home and shall be paid prior to issuance of a building permit. For those building permits previously issued on the aforementioned projects, the fee shall be paid in one lump sum prior to issuance of the 601st Building Permit in Rancho Murieta South.

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