Planning Commission Staff Report

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1 Planning Commission Staff Report January 5, 2017 PROJECT: Fieldstone North Tentative Subdivision Map Extension FILE: EG B REQUEST: Tentative Subdivision Map Extension LOCATION: Grantline Road at Bradshaw Road APN: STAFF: Robby Thacker PROPERTY OWNER/APPLICANT: Pappas Investments Thad Johnson (Representative) 555 University Ave Suite 200 Sacramento, CA AGENT: Wood Rodgers Inc. Stan Mette (Representative) 3301 C Street, Suite 100-B Sacramento, CA Staff Recommendation Staff recommends that the Planning Commission adopt a Resolution (Attachment 1): 1. Finding no subsequent environmental review is necessary for the Fieldstone North Tentative Subdivision Map Extension Project (EG B) pursuant to State CEQA Guidelines Section (Criteria for Subsequent EIRs and Negative Declarations are not met); and 2. Approving a Large Lot Tentative Subdivision Map and Small Lot Tentative Subdivision Map Extension for the Fieldstone North Tentative Subdivision Map Extension Project (EG B) subject to the findings included in the draft Resolution. Project Description The Project consists of a three-year time extension to the previously-approved Large Lot Tentative Subdivision Map (TSM) and Small Lot TSM that created 391 single family lots, one (1) park lot, one (1) open space/preserve lot, three (3) open space/ drainage lots, one (1) pedestrian/emergency access lot, one Right-of-Way/Irrevocable Offer of Dedication (ROW/IOD) lot, eight (8) landscape lots, and Design Review for subdivision layout. The time extension would extend the expiration date of the Large and Small Lot TSM and Design Review from January 22, 2017, to January 22, Section of the Elk Grove Municipal Code (EGMC) states that any tentative map is eligible for an extension of time, provided final approval for such extension occurs prior to the expiration of the original map. Additionally, EGMC Section states that upon filing a timely application for an extension of time, the tentative map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. EGMC Section states that any entitlement, development permit or other approval which would expire pursuant to this Code, but which was approved concurrently with and pertains to any approved tentative subdivision or parcel map, shall be extended for the same period for the approved tentative subdivision or parcel map to which it pertains. Hence, the Design Review for subdivision layout shall also be extended by this action. The Large and Small Lot TSMs will remain subject to the conditions of approval of the original TSM approval (EG ; Fieldstone North). 1

2 Elk Grove Planning Commission Fieldstone North TSM Extension EG B January 5, 2017 Page 2 Setting The Project site is located in the eastern portion of the City within the East Elk Grove Specific Plan (EEGSP) and is currently vacant land (Figures 1 and 2). Surrounding land uses include single family residential and parkland to the north, rural residential and agriculture to the east, single family residential to the south, and single family residential to the west. Table 1 below provides the use, Zoning, and General Plan designations of the subject site and surrounding properties. Figure 1 - Location Map Figure 2 - Aerial Photo 2

3 Elk Grove Planning Commission Fieldstone North TSM Extension EG B January 5, 2017 Page 3 Table 1 - Land Uses and Designations Existing Use General Plan Zoning Project Site Vacant Low Density Residential (LDR) Public Parks (PP) Public Open Space/Recreation Single Family Residential 5 du/acre (RD-5) Open Space (OS) North Single Family Residential/Park LDR PubOs/Rec RD-5, RD-7, OS East Rural Residential/ Agriculture Elk Grove Triangle Special Planning Area Sacramento County Elk Grove Triangle Special Planning Area Sacramento County South Single Family Residential LDR RD-5 West Single Family Residential LDR Single Family Residential 4 du/acre (RD-4) Background On January 22, 2014, the Elk Grove City Council approved the Fieldstone North Project, which included approval of a General Plan Amendment, Specific Plan Amendment, Rezone, Large Lot Tentative Subdivision Map and Small Lot Tentative Subdivision Map to create 391 single family lots, one (1) park lot, one (1) open space/preserve lot, three (3) open space/ drainage lots, one (1) pedestrian/emergency access lot, one Right-of-Way/Irrevocable Offer of Dedication (ROW/IOD) lot, eight (8) landscape lots, and Design Review for both tentative subdivision map layouts. The maps were valid for a period of 36 months, with an expiration date of January 22, The Applicant, Pappas Investments submitted the request for an extension of time to the approved Large and Small Lot TSMs on November 22, 2016, prior to the maps expiration date. The California State Senate and Assembly have passed four (4) bills since 2008, which granted automatic extensions to tentative maps based upon the expiration of the map and the date when the bills were enacted. Based upon the 2014 approval date of the Project, none of the automatic State-granted extensions apply, therefore, the discretionary extension of time granted by the City is the only method to extend the maps. 3

4 Elk Grove Planning Commission Fieldstone North TSM Extension EG B January 5, 2017 Page 4 Figure 3 - Approved Small Lot Tentative Map 4

5 Elk Grove Planning Commission Fieldstone North TSM Extension EG B January 5, 2017 Page 5 Figure 4 - Approved Large Lot Tentative Map Analysis Although the City Council was the original approving authority for the Project, the Planning Commission is the designated approving authority as to all matters relating to tentative subdivision maps pursuant to EGMC Section The Applicant is requesting a map extension of three (3) years. The Applicant has submitted improvement plans and a final map with the City, which are currently in the review process. As determined with the original Llarge and Small Lot TSM approval, the lots associated with the Large and Small Lot TSMs are consistent with and meet the density and development standards of the EEGSP. As previously mentioned, the request would also extend the life of the Design Review for subdivision layout approved as 5

6 Elk Grove Planning Commission Fieldstone North TSM Extension EG B January 5, 2017 Page 6 part of the original project. The Subdivision Map Act allows an extension as long as the Cityapproved extensions do not exceed six (6) years as stated in Section (e). The requested extension of time of three (3) years is consistent with the Subdivision Map Act and the EGMC. Since approval of the original project on January 22, 2014, there have been no significant changes to the General Plan or the EGMC that would impact this Project, or character of the Project area. No additional development in the area has occurred since approval of the Project in Letters from Commenting Agencies The request is for an extension of time only to the approved Large and Small Lot TSMs and Design Review for subdivision layout, and, therefore, was not routed to any City departments or outside agencies. No new conditions for the Project were created; however, the Project will remain subject to the conditions of approval of the original project approval (EG ; Fieldstone North). Environmental Analysis The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary Projects. A Project, under CEQA, is defined as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The proposed Project is a Project under CEQA. The Project requests an extension of time for a previously-approved Large and Small Lot TSMs. Potential environmental impacts were analyzed as part of the EEGSP Environment Impact Report (EIR) (SCH ), as well as in a Subsequent Mitigated Negative Declaration (MND) that was prepared for Fieldstone North (EG ) and approved by the City Council. The Project continues to be subject to the previously-adopted Mitigation Monitoring and Reporting Program. The setting for the Project has not significantly changed since the adoption of the environmental documents. Surrounding properties have either remained undeveloped or have developed in accordance with the EEGSP which was anticipated as part of the original project. The Project does not involve any physical changes in the environment and, hence, does not have the potential for causing a significant effect on the environment. Therefore, the previously-adopted environmental documents are sufficient and, pursuant to State CEQA Guidelines Section which identifies the requirements for which subsequent analysis is required, no further environmental review is required. Recommended Motion Should the Planning Commission agree with staff s recommendation, the following motion is suggested: Attachments I move that the Planning Commission adopt a Resolution finding no subsequent CEQA environmental review is necessary pursuant to State CEQA Guidelines Section (Subsequent EIRs and Negative Declarations) and approving the Fieldston North Tentative Subdivision Map Extension (EG B), subject to the findings contained in the draft resolution. 1. Planning Commission Resolution Exhibit A Project Description Exhibit B Approved Large Lot Tentative Subdivision Map Exhibit C Approved Small Lot Tentative Subdivision Map 6

7 RESOLUTION NO XX JANUARY 5, 2017 A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION FINDING NO SUBSEQUENT CEQA REVIEW NECESSARY AND APPROVING A TENTATIVE SUBDIVISION MAP EXTENSION FOR THE FIELDSTONE NORTH LARGE LOT AND SMALL LOT TENTATIVE SUBDIVISION MAP EXTENSION PROJECT NO. EG B GRANT LINE RD AT BRADSHAW RD. APN: WHEREAS, the Development Services Department of the City of Elk Grove received an application on November 22, 2016, from Pappas Investments (Applicant) requesting approval of a Tentative Subdivision Map Extension (Project); and WHEREAS, the Project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as APN: ; and WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (CEQA), Public Resource Code et seq.; and WHEREAS, Section (Subsequent EIRs and Negative Declarations) of Title 14 of the California Code of Regulations (State CEQA Guidelines) provides an exemption from CEQA for projects which have been previously analyzed under a previous environmental document; and WHEREAS, a previous Environmental Impact Report (EIR) was certified for the East Elk Grove Specific Plan (SHC ); and WHEREAS, a Subsequent Mitigated Negative Declaration (MND) was approved by the City Council for the Fieldstone North project EG ; and WHEREAS, based on staff s review of the Project, no special circumstances exist that would create a reasonable possibility that granting the Tentative Subdivision Map (TSM) Extension will have a significant effect on the environment beyond what was previously analyzed and disclosed; and WHEREAS, the Development Services Department considered the Project request pursuant to the Elk Grove General Plan, the Elk Grove Municipal Code Title 22 (Land Development), the Elk Grove Municipal Code Title 23 (Zoning), and all other applicable State and local regulations; and WHEREAS, the Planning Commission held a duly-noticed public hearing as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Elk Grove finds the proposed Project exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14 (State CEQA Guidelines), based on the following finding: 7

8 CEQA Finding: No subsequent environmental review is necessary for the Fieldstone North Map Extension Project (EG B) pursuant to State CEQA Guidelines Section (Subsequent EIRs and Negative Declarations). Evidence: The City has reviewed the Project and analyzed it based upon the provisions of the State CEQA Guidelines. The Project requests an extension of time for a previouslyapproved Large and Small Lot TSMs. Potential environmental impacts were analyzed as part of the EEGSP Environment Impact Report (EIR) (SCH ), as well as in a Subsequent Mitigated Negative Declaration (MND) that was prepared for the Fieldstone North (EG ) project and approved by the City Council. The Project continues to be subject to the previously-adopted Mitigation Monitoring and Reporting Program. The setting for the Project has not significantly changed since the adoption of the environmental documents. Surrounding properties have either remained undeveloped or have developed in accordance with the EEGSP which was anticipated as part of the original project. The Project does not involve any physical changes in the environment and, hence, does not have the potential for causing a significant effect on the environment. Therefore, the previously-adopted environmental documents are sufficient and, pursuant to State CEQA Guidelines Section which identifies the requirements for which subsequent analysis is required, no further environmental review are required. AND, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Elk Grove approves a three-year TSM extension of the Large and Small Lot Tentative Subdivision Maps and Design Review for the subdivision layout for the Fieldstone North Tentative Subdivision Map Extension Project (EG B), as further described in the Project Description stated in Exhibit A and illustrated in Exhibit B and Exhibit C incorporated herein by this reference, and shall continue to be bound by all the original conditions of approval extending the life of the TSMs to January 22, 2020, based upon the following finding: Tentative Subdivision Map Extension Finding: The Applicant s request to further extend the life of the previously-approved Large and Small Lot TSMs is permitted by the Subdivision Map Act. Evidence: Section (e) of the California Subdivision Map Act allows the life of an approved or conditionally-approved tentative map to be extended for a period or periods not exceeding a total of six (6) years. The Large and Small Lot TSMs were approved by the City Council on January 22, On November 22, 2016, the Applicant requested a threeyear extension of the Large and Small Lot TSMs, in accordance with Elk Grove Municipal Code (EGMC) Section to bring the expiration date to January 22, This request is in accordance with the Subdivision Map Act and EGMC Sections and , which also extended the Design Review for subdivision layout as well. 8 Planning Commission Resolution 2017-XX January 5, 2017 Page 2 of 6

9 The foregoing Resolution of the City of Elk Grove was passed and adopted by the Planning Commission on the 5 th day of January 2017, by the following vote: AYES: NOES ABSENT: ABSTAIN: ATTEST: Sandy Kyles, PLANNING SECRETARY Kevin Spease, VICE CHAIR of the PLANNING COMMISSION Planning Commission Resolution 2017-XX January 5, 2017 Page 3 of 6 9

10 Exhibit A Project Description PROJECT DESCRIPTION The Project consists of a three-year time extension to the previously-approved Large Lot Tentative Subdivision Map (TSM) and Small Lot TSM that created 391 single family lots, one (1) park lot, one (1) open space/preserve lot, three (3) open space/ drainage lots, one (1) pedestrian/emergency access lot, one Right-of-Way/Irrevocable Offer of Dedication (ROW/IOD) lot, eight (8) landscape lots, and Design Review for subdivision layout. The time extension would extend the expiration date of the Large and Small Lot TSMs and Design Review from January 22, 2017, to January 22, Section of the Elk Grove Municipal Code (EGMC) states that any tentative map is eligible for an extension of time, provided final approval for such extension occurs prior to the expiration of the original map. Additionally, EGMC Section states that upon filing a timely application for an extension of time, the tentative map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. EGMC Section states that any entitlement, development permit or other approval which would expire pursuant to this Code, but which was approved concurrently with and pertains to any approved tentative subdivision or parcel map, shall be extended for the same period for the approved tentative subdivision or parcel map to which it pertains. Hence, the Design Review for subdivision layout shall also be extended by this action. The Large and Small Lot TSMs will remain subject to the conditions of approval of the original TSM approval (EG ; Fieldstone North). 10

11 Exhibit B Approved Large Lot Tentative Subdivision Map Planning Commission Resolution 2017-XX January 5, 2017 Page 5 of 6 11

12 Exhibit C Approved Small Lot Tentative Subdivision Map 12 Planning Commission Resolution 2017-XX January 5, 2017 Page 6 of 6

13 BRADSHAW RD Fieldstone North Extension EG13004B ft Radius for Owners E PARK DR ROSSPORT WAY FETLOCK WAY BLUE THISTLE WAY TITAN RD ELK GROVE BLVD BLACK SWAN DR MILL APPLE WAY DR CONDA WAY NORDMAN WAY UNNAMED RD FREEMAN RD ASHSTONE BOVILL DR RIDGEROCK DR CHAROLAIS WAY PASCAL WAY HEALON MAINLINE DR WAY RHONE RIVER DR SAUTERNE WAY COTE D OR DR GRANT LINE RD MOSHER RD WATERMAN RD W STOCKTON BLVD Legend Project_Parcel DILLARD RD HWY 99 NB HWY 99 SB Owner_Parcels ,800 Feet 13

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