Index to the web page below: 

Correspondence about zoning
Sacramento County Letter about zoning December 10, 2002
SEPCO Decision, Appendix F (includes 3/10/94 County tentative zoning approval)
Zoning conditions
Community Benefit Package
Supervisor Roger Dickinson's comments when making the motion to approve (3/10/94)

-------- Original Message --------
Subject: Rio Linda Property
Date: Thu, 21 Nov 2002 15:42:20
From: Jay O'Brien <jayobrien@att.net>
To: jim.dennis@colliers.com

Do you have 90 acres in Rio Linda CA, on the market for sale? Information would be appreciated. Thank you.

-------- Original Message --------
Subject: W. 6th Street / 90 Acres
Date: Thu, 21 Nov 2002
From: Jim.Dennis@colliers.com
To: jayobrien@att.net

Thank you for the interest.  If I remember correctly you live nearby this property.  If you ever have any questions please feel free to call me.
---
(See attached file: W6thflyer.pdf)

Jim Dennis
Associate Vice President
Colliers International
Direct:  916.563.3019
Fax:  916.649.0001

Jim.Dennis@colliers.com
http://www.colliersmn.com/sacramento

Note from Jay O'Brien: The "attached file" referenced above is a very large file of a multi-color flyer. It includes a map of the property, the contact information in the message above, and the following statements:

• Three power transmission lines on property (PG & E, SMUD and Western States)
• Previously approved site for a 148 megawatt cogeneration power plant
• 90 +/- acres
• APN: 202-0090-030,031,032,033
• M-2T - Zoning
• Possible rail served
• Minutes to I-5/Hwy99 interchange
• Price: $0.63/SF
• $2,500,000

-------- Original Message --------
Subject: Re: W. 6th Street / 90 Acres
Date: Fri, 22 Nov 2002 16:30:45 -0800
From: Jay O'Brien <jayobrien@att.net>
To: jim.dennis@colliers.com

Mr. Dennis,

Yes, my residence property is within a mile of the property you are offering for sale.

Thank you for the flyer. I note that your flyer states that the property is Zoned M2. Potential purchasers should know that the 1994 M2 Zoning is very restrictive. The Zoning Conditions for APN 202-0090-030, 032 and 033 states "The development of this property under M-2 zone shall be limited to a power plant and ethanol manufacturing facility..." and further specifically identifies both the property owner and the California Energy Commission conditions, "The applicant/property owner, Sacramento Ethanol Partners (SEP), will comply with all Conditions of Certification adopted by the CEC on May 11, 1994."

I have placed the actual text of the Zoning Conditions on line for your information. Please feel free to refer clients to it at http://obri.net/sco/sepcozoning.html so they may be fully aware of the M2 zoning limitations.

Jay O'Brien

-------- Original Message --------
Subject: Re: W. 6th Street / 90 Acres
Date: Sun, 24 Nov 2002 14:51:19 -0800
From: Jim.Dennis@colliers.com
To: Jay O'Brien <jayobrien@att.net>

Thanks for the information.  If you call the County of Sacramento, it is zoned M-2.  There are no restrictions other than the ones that SEP had put in its development agreement. If SEP isn't they buyer and they are not, it reverts to pure M-2. 
Thanks,
JIM DENNIS

-----Original Message-----
From: Jay O'Brien [mailto:jayobrien@att.net]
Sent: Tuesday, December 03, 2002 2:51 PM
To: Leighann Moffitt (County of Sacramento)
Subject: Zoning inquiry

Please advise the zoning and restrictions, if any, on APN 202-0090-030, 031, 032 and 033.

Thank you.

Jay O'Brien
Rio Linda

-------- Original Message --------
Subject: RE: Zoning inquiry
Date: Tue, 10 Dec 2002 14:50:20 -0800
From: Leighann Moffitt (County of Sacramento)
To: "Jay O'Brien" <jayobrien@att.net>

I am attaching a letter in response to your inquiry.  Thanks!

Leighann
874-6141

-------- Original Message --------
Subject: Re: W. 6th Street / 90 Acres
Date: Tue, 10 Dec 2002 15:33:43 -0800
From: Jay O'Brien <jayobrien@att.net>
To: Jim.Dennis@colliers.com

Mr. Dennis,

I did as you suggested, and received the attached letter. You will see that the zoning agreement is not "pure M-2" as you state.

Jay O'Brien

---

The following is from the California Energy Commission:

COMMISSION DECISION
Application for Certification for the
SACRAMENTO ETHANOL AND POWER COGENERATION PROJECT

Docket No. 92-AFC-2

MAY 1994

1. The development of this property under M-2 zone shall be limited to a power plant and ethanol manufacturing facility (ethanol facility). Such use shall be regulated by the California  Energy Commission (CEC). The applicant/property owner, Sacramento Ethanol Partners (SEP), will comply with all Conditions of Certification adopted by the CEC on May 11, 1994. The use is also subject to the Compliance Plan and Monitoring Program as adopted by the CEC. It is recognized that the use of the property for ethanol manufacturing is regulated by the Zoning Code; however, CEC Conditions of Certification shall be applicable . The CEC will have compliance and monitoring responsibility regarding all Conditions of Certification which are applicable to the ethanol facility. If the CEC is unable to obtain compliance with any such condition, enforcement action will be taken in accordance with the Zoning Code.
2. SEP, shall accept and be party to the establishment of a Rio Linda/Elverta SEPCO Oversight Commission, as established by separate Resolution of the Board of Supervisors.
3. The applicant/property owner shall make contributions to a charitable trust, which shall be established for the purpose of funding community projects. The components of the applicant's/property owner's obligation is attached as Exhibit "A".[1]
4. The applicant/property owner shall be responsible for the costs associated with enforcement action taken by the Sacramento County for non-compliance of the Zoning Conditions and the CEC's Conditions of Certification related to the ethanol facility.
5. The applicant/property owner shall establish a program and policies for preferential local hiring and local purchase of goods and services as follows:
The project owner/operator shall, to the extent consistent with state and federal law:
In cooperation with the Building Trade Unions, initiate a preference program to hire qualified Rio Linda/Elverta construction workers at prevailing wages and to implement an apprentice program for local workers.
Initiate a screening and preference program to hire qualified local operations and maintenance personnel.
6. The owner/operator shall, to the extent consistent with state and federal law:
Institute a clearinghouse for goods and services used by the facilities that may be available in the Rio Linda/Elverta area.
Establish a program to inform local merchants and service providers how to take advantage of the local preference policies.
(a)     SEP shall dedicate a multi-use trail easement leading to the Natomas East Main Canal and an adequate staging area for use by vehicles and horse trailers, not to exceed two (2) acres, on the subject site to the Rio Linda/Elverta Parks District (Parks District) pursuant to terms and conditions acceptable to the Parks District and Project owners. The location of the trail and the staging area to be determined by the Parks District in consultation with the Project owners. This dedication may be waived by the Parks District if it is found to be infeasible.
(b)     The scope of the trail easement and staging area shall be as follows:
Trail: An easement or fee title on a strip of land across the project site. The actual location and width of the trail shall be agreed upon by the applicant/property owner and the Parks District.
No improvements to the trail will be funded by the applicant/property owner.
Staging Area: An easement or fee title on a parcel of land within the project site not to exceed 2 acres. The location and-size of the staging area shall be agreed upon by the applicant/property owner and the Parks District.
Improvements to the staging area shall be provided by applicant/property owner and will consist of the following:
1. Soil grading consistent with overall project site grading for drainage and cut and fill and as agreed upon by the applicant/property owner and the Parks District. No surface covering, utilities or landscaping shall be included.
2. One horse watering trough.
3. Adequate number of posts and cable.
4. 4 or 5 picnic tables mounted on concrete pads. Operation and maintenance of the trail and staging area will be the responsibility of the Parks District.
7. Zoning shall be in compliance with Exhibit______.

1. The applicant shall provide legal assistance in an amount not to exceed $1,000 for preparation. of a charter for a charitable trust to receive and distribute funds as provided for below.
2. The Board of Trustees shall be appointed by the Board of Supervisors.
3. The initial sum of $50,000 shall be placed in the charitable trust not later than 45 days from the date of the establishment of the charitable trust and financing of the Project, whichever occurs later. The Project owner will provide written verification to the County of Sacramento that a sum of $50,000 has been deposited into the charitable trust.
4. The applicant shall contribute to the charitable trust annual payments of $10,000 with such payments to be made on or before January 31 of each year following establishment of the trust.
5. The funds are intended to be used for community projects, including but not limited to:
The Elverta Library

Community Youth Activities (e.g., the proposed Skateboard Platform/Dance Floor)

Annual partial funding of an outreach program recommended by local church groups

Annual partial college scholarship to a Rio Linda High School student who excels in science

A special project recommended by the Elverta School District

The following transcription was prepared by Jay O'Brien from the Sacramento County Board of Supervisors meeting on March 9, 1994, starting at 6PM. The Board unanimously adopted Supervisor Dickinson's resolution at 9:01 PM. A video tape is available to support this transcription.

County Planner Tricia Stevens, at 6:15 PM: "The first condition of approval, and I think this is very important to understand, that the condition limits the use to this facility to a power plant and ethanol facility. If for whatever reasons, this project is not built, there is not another use that would be authorized on this property."

First District Sacramento County Supervisor Dickinson, at 8:38 PM: "What I do think it makes sense to do, as I said, is try to formulate a project that will be as good a project as it can possibly be and in that connection I have attempted to work with members of the community, staff that have worked on this, and the applicant, to formulate a proposal that advances the proposition here of making this the best project it can be. I want to take just a moment, even though Trish talked a little bit at the outset about some of these conditions, to enumerate them again because I think they're very, very, significant and important. First of all, this project will not occur, or the rezone I suppose I should say, will not be effective for any use other than this project. And so, the fear that this rezone might occur and some other use be made of this property will not occur if we approve the resolution that I have offered."