CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

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1 AGENDA ITEM NO. 9.1 CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA TITLE: MEETING DATE: January 14, 2015 A public hearing to consider a Rezone, Tentative Subdivision Map, Design Review for subdivision layout, and Abandonment of Right-of-Way for the Good Shepherd Map Project (EG ) (CEQA Exemption) PREPARED BY: DEPARTMENT HEAD: Sarah Kirchgessner, Senior Planner Darren Wilson, Planning Director RECOMMENDED ACTION: By a vote of 4-0 at its December 4, 2014 meeting, the Planning Commission recommends the following actions: 1. Adopt a resolution of the City Council finding no subsequent environmental review is necessary for the Good Shepherd Map Project (EG ) (the Project ) pursuant to Section (Projects consistent with the General Plan) and Section (Subsequent EIRs and Negative Declarations) of Title 14 of the California Code of Regulations (State CEQA Guidelines) (Attachment 1); and 2. Introduce and waive the full reading, by substitution of title only, an Ordinance of the City Council amending the City of Elk Grove Zoning Map from Agricultural Residential - 5 acre minimum (AR-5) to Agricultural Residential - 2 acre minimum (AR-2) for the Good Shepherd Map Project (EG ) (Attachment 2); and 3. Adopt a Resolution of the City Council approving a Tentative Subdivision Map, concurrent Design Review for subdivision layout, and Abandonment of right-of-way for the Good Shepherd Map Project (EG ), subject to the Findings in the Resolution (Attachment 3). 1

2 Elk Grove City Council January 14, 2015 Page 2 of 6 PROJECT INFORMATION: Location: 8920 Good Shepherd Lane Planner: Sarah Kirchgessner, Senior Planner Property Owner: MNB Development, Inc., Eddie Martini (Representative) PLANNING COMMSSION MEETING: The Planning Commission conducted a public hearing for the Project on December 4, After receiving the staff report, the Commission took public comment. The Applicant stated that the proposed condition (Condition #20) to widen Sandage Avenue is unfair and a burden for the Project. He suggested that the cost should be evenly divided by the 23 parcels that would benefit from the widening. Eileen Conwell, a resident who lives on Sandage Avenue, spoke in support of the proposed widening of Sandage Avenue to 20-feet because of safety concerns. The Planning Commission indicated that the proposed Rezone to AR-2 for the Project site justifies requiring the Applicant to widen Sandage Avenue for safety. The Planning Commission voted 4-0 to recommend City Council approval of the Project. PROJECT DESCRIPTION: The proposed Project is a Rezone from Agricultural Residential - 5 acre minimum (AR-5) to Agricultural Residential - 2 acre minimum (AR-2) and a Tentative Subdivision Map (and concurrent Design Review for subdivision layout) to subdivide a 12.1-acre parcel into six (6) lots for single-family use. The Project also includes an abandonment of an existing I.O.D. for right-ofway as discussed later in the Staff Report. The Project requires the approval of a Tentative Subdivision Map by the Planning Commission prior to the recordation of a Final Map with the Sacramento County Recorder s Office, pursuant to the provisions of the State Subdivision Map Act (Government Code Section et seq.) and the Elk Grove Municipal Code, Title 22, Land Development. Design review for subdivision layout is required pursuant to Section B.5 of Title 23 of the City s Municipal Code (hereinafter the Zoning Code). BACKGROUND: The Project site is the remainder parcel of a previously-approved project known as Sandage Estates (Project #EG ) approved by the City Council in Although the Sandage Estates Project did not include 2

3 Elk Grove City Council January 14, 2015 Page 3 of 6 rezoning or subdivision of the current Project site, the Sandage Estates Mitigated Negative Declaration (MND) considered the future development of the Project site as currently proposed. ANALYSIS: General Plan/Rezone The proposed Project has been reviewed for consistency with all applicable General Plan goals and policies. The General Plan designation for this property is Rural Residential. The proposed Rezone to AR-2 and Tentative Subdivision Map to create six single-family lots is consistent with the density range of 0.1 to 0.5 du/acre for Rural Residential development (0.5 du/acre). Tentative Subdivision Map, Design Review, and Abandonment The Project consists of a Tentative Subdivision Map (and concurrent Design Review for subdivision layout) to subdivide a 12.1-acre lot into six (6) lots to be served by private well and septic system (Figure 3). The proposed Tentative Subdivision Map is consistent with the Elk Grove General Plan and complies with the development standards of Elk Grove Municipal Code Titles 22 (Land Development) and 23 (Zoning). The Project includes abandonment of a portion of the 44-foot I.O.D. (required as part of the Sandage Estates Project) as shown on the Tentative Subdivision Map, which is no longer needed due to the new roadway connections. Figure 1. Aerial Project Site 3

4 Elk Grove City Council January 14, 2015 Page 4 of 6 Figure 2. Tentative Subdivision Map 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. 4

5 Elk Grove City Council January 14, 2015 Page 5 of 6 CEQA Guidelines Section (Public Resources Code ), provides that projects that are consistent with a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. An EIR was certified by the City Council for the adoption of the City of Elk Grove General Plan in 2003 (SCH ). The proposed Project is consistent with the Elk Grove General Plan land use designation of the site (Rural Residential). Additionally, the City has reviewed the Project and analyzed it based upon the provisions in Section of the State CEQA Guidelines. The Project site is a remainder parcel of a previously-approved project known as Sandage Estates (EG ). In November 2005, the City of Elk Grove City Council adopted Ordinance No , approving the Sandage Estates project and adopting a Mitigated Negative Declaration (MND; SCH# ). A Mitigation Monitoring and Reporting Program (MMRP) was prepared and adopted with the Project. The MMRP is a binding document that runs with the land and would be applicable to the proposed Project. Although the Sandage Estates Project did not include rezoning or subdivision of the current Project site, the Sandage Estates MND considered the future development of the Project site as currently proposed. The Project description in the MND states, The project site is 20-acres in size, and although the current project will only create five lots, the potential exists for the creation of six additional 2-acre lots as part of a future project. Therefore, potential development of the site includes ten lots containing ten single-family houses and accessory structures. Any additional project(s) would be subject to further CEQA review. The proposed Project is consistent with the use for the Project site analyzed in the MND. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the General Plan EIR and the Sandage Estates MND. The proposed Project would be required to comply with the mitigation measures identified in the Sandage Estates MND. No other special circumstances exist that would create a reasonable possibility that the proposed Project will have a significant adverse effect on the 5

6 Elk Grove City Council January 14, 2015 Page 6 of 6 environment. Therefore, the prior MND is sufficient to support the Project and no further environmental review is required. FISCAL IMPACT: The development of infrastructure will be financed through a combination of development impact fee programs and developer funding. ATTACHMENTS: 1. Resolution for CEQA exemption 2. Ordinance for approval of the Rezone 3. Resolution for approval of the Tentative Subdivision Map and Design Review 6

7 ATTACHMENT 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE FINDING THE GOOD SHEPHERD MAP PROJECT (EG ) EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ASSESSOR PARCEL NUMBER: WHEREAS, the Planning Department of the City of Elk Grove received an application on September 3, 2014 from MND Development, Inc (the Applicant) requesting a Rezone, Tentative Subdivision Map, Design Review for Subdivision Layout, and Abandonment; and WHEREAS, the proposed 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 but is exempt; and WHEREAS, Section (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines) provides an exemption from CEQA for projects that are consistent with the applicable General Plan and Zoning for which an Environmental Impact Report (EIR) was certified; and WHEREAS, an EIR was certified by the City Council for the adoption of the City of Elk Grove General Plan (SCH ); and WHEREAS, a Mitigated Negative Declaration was adopted for the Sandage Estates Project (EG ), which considered the future development of the Project site as currently proposed (SCH ); and WHEREAS, based on staff s review of the Project, no special circumstances exist that would create a reasonable possibility that the Project will have a significant effect on the environment beyond what was previously analyzed and disclosed; and WHEREAS, the Planning Department considered the Project request pursuant to the Elk Grove General Plan, 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; and WHEREAS, the Planning Commission recommended the City Council approve the Good Shepherd Map Project; and 7

8 WHEREAS, the City Council 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 City Council of the City of Elk Grove finds the Good Shepherd Map Project exempt from CEQA review pursuant to Section (Projects consistent with the General Plan) and Section (Subsequent EIRs and Negative Declarations) of the State CEQA Guidelines based upon the following findings: Finding: The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, (State CEQA Guidelines) Section (Projects Consistent with a Community Plan, General Plan, or Zoning). Evidence: CEQA Guidelines Section (Public Resources Code ), provides that projects that are consistent with a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. An EIR was certified by the City Council for the adoption of the City of Elk Grove General Plan in 2003 (SCH ). The proposed Project is consistent with the Elk Grove General Plan land use designation of the site (Rural Residential). Additionally, the City has reviewed the Project and analyzed it based upon the provisions in Section of the State CEQA Guidelines. The Project site is a remainder parcel of a previously- approved project known as Sandage Estates EG In November 2005, the City of Elk Grove City Council adopted Ordinance No , approving the Sandage Estates project and adopting a Mitigated Negative Declaration (MND; SCH# ). A Mitigation Monitoring and Reporting Program (MMRP) was prepared and adopted with the Project. The MMRP is a binding document that runs with the land and would be applicable to the proposed Project. Although the Sandage Estates Project did not include rezoning or subdivision of the current Project site, the Sandage Estates MND considered the future development of the Project site as currently proposed. The Project description in the MND states, The project site is 20-acres in size, and although the current project will only create five lots, the potential exists for the creation of six additional 2-acre lots as part of a future project. Therefore, potential development of the site includes ten lots containing ten single-family houses and accessory structures. Any additional project(s) would be subject to further CEQA review. The proposed Project is consistent with the use for the Project site analyzed in the MND. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the General Plan EIR and the Sandage Estates MND. The proposed Project would be required to comply with the mitigation measures identified in the Sandage Estates MND. No other special circumstances exist that would create a reasonable possibility that the proposed Project will have a significant adverse effect on 8

9 the environment. Therefore, the prior MND is sufficient to support the Project and no further environmental review is required. PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14 th day of January GARY DAVIS, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS, CITY ATTORNEY 9

10 ATTACHMENT 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE AMENDING THE CITY OF ELK GROVE ZONING MAP FROM AR-5 TO AR-2 FOR THE GOOD SHEPHERD MAP PROJECT (EG ) ASSESSOR PARCEL NUMBER: WHEREAS, the Planning Department of the City of Elk Grove received an application on September 3, 2014 from MND Development, Inc (the Applicant) requesting a Rezone, Tentative Subdivision Map, Design Review for Subdivision Layout, and Abandonment; and WHEREAS, the proposed 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 but is exempt; and WHEREAS, Section (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines) provides an exemption from CEQA for projects that are consistent with the applicable General Plan and Zoning for which an Environmental Impact Report (EIR) was certified; and WHEREAS, an EIR was certified by the City Council for the adoption of the City of Elk Grove General Plan (SCH ); and WHEREAS, a Mitigated Negative Declaration was adopted for the Sandage Estates Project (EG ) which considered the future development of the Project site as currently proposed (SCH ); and WHEREAS, based on staff s review of the Project, no special circumstances exist that would create a reasonable possibility that the Project will have a significant effect on the environment beyond what was previously analyzed and disclosed; and WHEREAS, the Planning Department considered the Project request pursuant to the Elk Grove General Plan, 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; and WHEREAS, the Planning Commission recommended the City Council approve the Good Shepherd Map Project; and WHEREAS, the City Council 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. 10

11 NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Elk Grove does ordain as follows: Section 1: Purpose and Authority The purpose of this Ordinance is to amend the City of Elk Grove Zoning Map as shown on the attached Exhibit A, incorporated herein by this reference. Section 2: Enactment of New Zoning The City Council hereby amends the City of Elk Grove Zoning Map for APN: as shown on attached Exhibit A, incorporated herein by this reference. Section 3: No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 4: 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, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. Section 5: Savings Clause The provisions of this ordinance shall not affect or impair an act done or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take affect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution shall remain in full force and affect to all intents and purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by said Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered. 11

12 Section 6: Effective Date and Publication This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council and a certified copy shall be posted in the office of the City Clerk, pursuant to GC 36933(c)(1). INTRODUCED: January 14, 2015 ADOPTED: EFFECTIVE: GARY DAVIS, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS, CITY ATTORNEY Date signed: 12

13 13 EXHIBIT A

14 ATTACHMENT 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE TO APPROVE A TENTATIVE SUBDIVISION MAP, DESIGN REVIEW FOR SUBDIVISION LAYOUT, AND ABANDONMENT OF RIGHT-OF-WAY FOR THE GOOD SHEPHERD MAP PROJECT (EG ) ASSESSOR PARCEL NUMBER: WHEREAS, the Planning Department of the City of Elk Grove received an application on September 3, 2014 from MND Development, Inc (the Applicant) requesting a Rezone, Tentative Subdivision Map, Design Review for Subdivision Layout, and Abandonment; and WHEREAS, the proposed 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 but is exempt; and WHEREAS, Section (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines) provides an exemption from CEQA for projects that are consistent with the applicable General Plan and Zoning for which an Environmental Impact Report (EIR) was certified; and WHEREAS, an EIR was certified by the City Council for the adoption of the City of Elk Grove General Plan (SCH ); and WHEREAS, a Mitigated Negative Declaration was adopted for the Sandage Estates Project (EG ) which considered the future development of the Project site as currently proposed (SCH ); and WHEREAS, based on staff s review of the Project, no special circumstances exist that would create a reasonable possibility that the Project will have a significant effect on the environment beyond what was previously analyzed and disclosed; and WHEREAS, the Planning Department considered the Project request pursuant to the Elk Grove General Plan, 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; and WHEREAS, the Planning Commission recommended the City Council approve the Good Shepherd Map Project; and 14

15 WHEREAS, the City Council 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 City Council of the City of Elk Grove approves the Tentative Subdivision Map, Design Review for subdivision layout, and Abandonment for the Good Shepherd Map Project (EG ) as described in Exhibit A and illustrated in Exhibit B, subject to the Conditions of Approval contained in Exhibit C (all incorporated herein by this reference), based upon the following findings: Tentative Subdivision Map Finding: None of the findings (a) through (g) below in Section of the California Government Code that require a City to deny approval of a tentative map apply to this project. a. That the proposed map is not consistent with applicable general and specific plans as specified in Section b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. c. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f. That the design of the subdivision or type of improvements is likely to cause serious public health problems. g. That the design of the subdivision or type of improvements will conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision. Evidence: a. The proposed Project is consistent with the Elk Grove General Plan because the site is designated Rural Residential in the General Plan and zoned for AR-2 (Agricultural Residential 2-acre minimum). The Project would legally subdivide the parcel consistent with Title 23 (Zoning). b. The design of the improvements of the proposed Project is consistent with the General Plan land use designations of Rural Residential and the development standards for residential use in Title 23 (Zoning). The Project would legally subdivide the parcel consistent with Title 23 (Zoning). c. The site is physically suitable for extension of residential development because the site is designated Rural Residential in the General Plan and zoned AR-2 (Agricultural Residential 2-acre minimum). d. The Project site is designated Rural Residential in the General Plan and zoned AR-2 (Agricultural Residential 2-acre minimum). The Project would legally subdivide the parcel consistent with Title 23 (Zoning). 15

16 e. The proposed Tentative Subdivision Map is consistent with the General Plan and zoning and therefore would not cause substantial environmental damage. f. The Project would legally subdivide the parcel consistent with Title 23 (Zoning). g. No conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision, have been identified. Design Review Finding #1: The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations and Citywide Design Guidelines adopted by the City. Evidence: The site layout has been reviewed against the Citywide Design Guidelines for residential subdivisions and meets all applicable design requirements. The proposed subdivision map and related plans provide all the design elements required by the Citywide Design Guidelines, including interconnected street system and sufficient open space and landscaping. The conditions of approval ensure consistency with all standard requirements. Finding #2: The proposed project will not create conflicts with vehicular, bicycle, or pedestrian modes of transportation. Evidence: The proposed subdivision and layout provides adequate off-site access and on-site circulation consistent with applicable requirements. Finding #3: The residential subdivision is well integrated with the City s street network, creates unique neighborhood environments and establishes a pedestrian friendly environment. Evidence: The Project includes an interconnected street system as well as sufficient open space and landscaping. The proposed design blends seamlessly into the surrounding neighborhood and the street pattern encourages walking. PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14 th day of January GARY DAVIS, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS, CITY ATTORNEY 16

17 Exhibit A Good Shepherd Map (EG ) Project Description The proposed Project, Good Shepherd Map, involves a Tentative Subdivision Map (and concurrent Design Review for subdivision layout) to subdivide a 12.1-acre parcel into six (6) lots for single-family use. The Project also includes an Abandonment of a portion of the 44-foot I.O.D. (which was required as part of the Sandage Estates Project) as shown on the Tentative Subdivision Map (Exhibit B). 17

18 EXHIBIT B 18

19 EXHIBIT C GOOD SHEPHERD MAP (EG ) Conditions of Approval CITY COUNCIL DRAFT Conditions of Approval On Going 1. Development and operation of the proposed Project shall be consistent with the Project Description and Project Plans as provided in Exhibits A and B, incorporated herein by this reference. Deviations from the approved plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body. 2. The Applicant/Owner or Successors in Interest (hereby referred to as the Applicant ) shall indemnify, protect, defend, and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any and all claims, damages, demands, liability, costs, losses or expenses including without limitation court costs, reasonable attorney s fees and expert witness fees arising out of this Project including challenging the validity of this application/permit or any environmental or other documentation related to approval of this Application. 3. This action does not relieve the Applicant of the obligation to comply with all codes, statutes, regulations, and procedures. 4. Except as otherwise specified or provided in these conditions, the Project shall conform to the development standards and design requirements adopted by the City, specifically including but not limited to the following: Timing/ Implementation On-Going On-Going On-Going On Going Enforcement/ Monitoring Planning Planning Planning Planning Public Works Building Verification (date and Signature) The City Zoning Code (Title 23 of the EGMC) EGMC Chapter (Tree Preservation and Protection) EGMC Chapter (Water Efficient Landscape Requirements) EGMC Title 16 (Building and Construction) 19

20 20 Conditions of Approval 5. The Applicant shall design and construct all improvements in accordance with the City Improvement Standards, as further conditioned herein, and to the satisfaction of Public Works. 6. The Applicant shall pay all plan check fees, impact fees, or other costs as required by the City, the Cosumnes Community Services District (CCSD), or other agencies or services providers as established by law. Timing/ Implementation On Going On-Going Enforcement/ Monitoring Public Works SCWA SASD SMUD PG&E Planning Public Works CCSD Verification (date and Signature) 7. Approval of this Project does not relieve the Applicant from the requirements of subsequent permits and approvals, including but not limited to the following, as appropriate: Grading Permit and Improvement Plan Final Map Building Permit and Certificate of Occupancy Section 404, 401, 1602, or other State or Federal environmental permit (if required) Requirements of the Sacramento Metropolitan Air Quality Management District Fire permit Environmental Management Department approval On-Going Planning Public Works Building CCSD SCWA SASD 8. The property owners shall participate in future groundwater management and well protection programs adopted by the Sacramento County Water Agency that are applied uniformly throughout Zone 40. On-Going SCWA

21 Improvement Plans 9. The Planning Division shall be notified immediately if any prehistoric, archaeologic, or paleontologic artifact is uncovered during construction. All construction must stop and an archaeologist that meets the Secretary of the Interior s Professional Qualifications Standards in prehistoric or historical archaeology shall be retained to evaluate the finds and recommend appropriate action. A note stating the above shall be placed on the Improvement Plans. 10. All construction must stop if any human remains are uncovered, and the County Coroner must be notified according to Section of California s Health and Safety Code. If the remains are determined to be Native American, the procedures outlined in CEQA Section (d) and (e) shall be followed. A note stating the above shall be placed on the Improvement Plans 11. The Applicant shall prepare and submit a drainage study to the satisfaction of Public Works and in accordance with City of Elk Grove Storm Drainage Master Plan, Improvement Standards, General Plan, and any specific, area, or master plans. 12. The Applicant shall destroy all abandoned wells on the proposed Project site in accordance with the requirements of the Sacramento County Environmental Health Division. Clearly show all abandoned/destroyed wells on the improvement plans for the project. Prior to abandoning any existing agricultural wells, Applicant shall use water from agricultural wells for grading and construction. Improvement Plans Improvement Plans Improvement Plan Submittal or Prior to Issuance of Grading Permit(s), whichever occurs first Improvement Plans Planning Planning Public Works SCWA 21

22 22 Final Map 13. Prior to the Final Map the Project shall annex into the Maintenance Mello-Roos Community Facilities District (CFD), to fund the Project s fair share of landscape related maintenance costs associated with public parkways, public parks, open space, landscape setbacks, bike and other paths, landscaped medians in and adjacent to roadways, maintenance and operation of a community center, sports (including aquatic) facilities, cultural arts center, and water features, and maintenance of other related facilities. The annexation process can take several months, so applicants should plan accordingly. The application fee for the annexation is due prior to the Resolution of Intention to Annex the Property and Levy the Special Tax. For further information regarding this CFD, see Prior to Final Map, the Project shall annex into the Police Services Mello-Roos Community Facilities District (CFD), to fund the project s fair share of Public Safety costs. The annexation process can take several months, so applicants should plan accordingly. The application fee for the annexation is due prior to the Resolution of Intention to Annex the Property and Levy the Special Tax. For further information regarding this CFD, see Prior to Final Map, the Project shall annex into the Storm Water Drainage Fee Zone 2 to fund a portion of the additional costs for storm water drainage and run-off maintenance related to serving the new development. The annexation process can take several months, so applicants should plan accordingly. The application fee for the annexation is due prior to the Resolution of Intention to Levy Storm Water Drainage Fee Zone 2 assessments. For further information on this District, see Final Map Final Map Final Map Finance Finance Finance

23 16. Prior to Final Map, the Project shall annex into the Street Maintenance Assessment District No. 1 Zone 3 or a Street Maintenance Community Facilities District to fund a portion of the additional costs for long-term roadway maintenance related to serving the new development. The annexation process can take several months, so applicants should plan accordingly. The application fee for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments. For further information on this District, see The Applicant shall dedicate to the City of Elk Grove, drainage easements as shown on the tentative map to the satisfaction of Public Works. 18. The Applicant shall design and install the access road within the drainage easements in accordance with City of Elk Grove Improvement Standards and to the satisfaction of Public Works. 19. The Applicant shall dedicate, design, and construct Good Shepherd Lane in accordance with City of Elk Grove Rural Road Improvement Standards and to the satisfaction of Public Works. 20. The Applicant shall acquire, design, and improve the southerly halfsection of Sandage Avenue, approximately 650 feet, measured from the easterly property line of APN: to the east in accordance with City of Elk Grove Rural Road Improvement Standards and to the satisfaction of Public Works. Improvements shall provide a minimum pavement width of 20 feet with adequate drainage in order to match existing improvements further east of the 650-foot segment. 21. The Applicant shall dedicate a 12.5 foot public utility easement to the City of Elk Grove for underground facilities and appurtenances adjacent to all interior public streets. 22. For all single family corner lots, an access restriction shall be placed on the property 15 feet measured from the corner return. Building Permit 23. The Final Map shall be completed, approved, and recorded prior to1st Building Permit. Final Map Final Map Final Map Final Map Final Map Final Map Final Map Building Permit Finance Public Works Public Works Public Works. Public Works Public Works Public Works Public Works 23

24 Incorporated July 1, 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone: (916) Elk Grove, California Fax: (916) City of Elk Grove City Council NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, January 14, 2015, at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard, the Elk Grove City Council will conduct a public hearing at City Hall in the Council Chambers, 8400 Laguna Palms Way, Elk Grove, California, to consider the following matter: GOOD SHEPHERD MAP (EG ) REZONE, TENTATIVE SUBDIVISION MAP, DESIGN REVIEW FOR SUBDIVISION LAYOUT, AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION (I.O.D.) (CEQA EXEMPTION): The Project consists of a Rezone of a 12.1 acre parcel from Agricultural Residential AR-5 to Agricultural Residential AR-2, and a Tentative Subdivision Map (and concurrent Design Review for subdivision layout) to subdivide the parcel into six (6) lots for single-family use. The Project includes an abandonment of a portion of the 44-foot Irrevocable Offer of Dedication (I.O.D.) for right-of way as shown on the Tentative Subdivision Map that is no longer needed. The Planning Commission reviewed this item on December 4, 2014 and voted 4-0 to recommend the Project. LOCATION/APN: 8920 Good Shepherd Lane / APN: ZONING: Agricultural Residential - 5 acre minimum (AR-5) ENVIRONMENTAL: The Project was previously analyzed under the Sandage Estates Mitigated Negative Declaration (MND), State Clearinghouse No and is exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section (Projects consistent with the General Plan). Information or questions regarding this item should be referred to Sarah Kirchgessner, (916) or to the office of Development Services Planning, 8401 Laguna Palms Way, Elk Grove, CA, All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the close of 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, 8401 Laguna Palms Way, Elk Grove, CA, 95758, at or prior to the close of the public hearing. This meeting notice is provided pursuant to Section of Title 23 of the Elk Grove Municipal Code. 24 Dated/Published: January 2, 2015 JASON LINDGREN CITY CLERK, CITY OF ELK GROVE ADA COMPLIANCE STATEMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (916) Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

25 GOOD SHEPHERD MAP (EG ) APN ADDRESS CITY STATE ZIP SANDAGE AVE ELK GROVE CA MILLPOND CT ELK GROVE CA MILLPOND CT ELK GROVE CA SANDAGE AVE ELK GROVE CA POPLAR HOLLOW LN ELK GROVE CA SANDAGE AVE ELK GROVE CA SHELDON RD ELK GROVE CA PO BOX 85 ELK GROVE CA FAIR OAKS BL 368 SACRAMENTO CA ELK GROVE-FLORIN RD ELK GROVE CA SANDAGE AVE ELK GROVE CA SANDAGE AVE ELK GROVE CA RIO TEJO WY ELK GROVE CA POPLAR HOLLOW LN ELK GROVE CA PEMBRIDGE DR ELK GROVE CA ELK GROVE FLORIN RD SACRAMENTO CA PO BOX 1387 ELK GROVE CA MILLPOND CT ELK GROVE CA BRADSHAW RD ELK GROVE CA POPLAR HOLLOW LN ELK GROVE CA BRADSHAW RD ELK GROVE CA LA NUEZ DR ELK GROVE CA TH ST SACRAMENTO CA SANDAGE AVE ELK GROVE CA SANDAGE AVE ELK GROVE CA RIVER PARK DR #300 SACRAMENTO CA SANDAGE AVE ELK GROVE CA SANDAGE AVE ELK GROVE CA KRISTINA CT SACRAMENTO CA SANDAGE AVE ELK GROVE CA SANDAGE AVE ELK GROVE CA BRADSHAW RD ELK GROVE CA MILLPOND CT ELK GROVE CA TH ST 301 SACRAMENTO CA PO BOX 672 WILTON CA JUTEWOOD CT SACRAMENTO CA BRADSHAW RD ELK GROVE CA SANDAGE AVE ELK GROVE CA BRADSHAW RD ELK GROVE CA GOLDEN SAGE DR ELK GROVE CA SANDAGE AVE ELK GROVE CA SANDAGE AVE ELK GROVE CA BRADSHAW RD ELK GROVE CA SANDAGE AVE ELK GROVE CA ELK GROVE FLORIN RD ELK GROVE CA GOOD SHEPHERD LN ELK GROVE CA

26 GOOD SHEPHERD LN ELK GROVE CA GOOD SHEPHERD LN ELK GROVE CA GOOD SHEPHERD LN ELK GROVE CA GOOD SHEPHERD LN ELK GROVE CA GOOD SHEPHERD LN ELK GROVE CA BRADSHAW RD ELK GROVE CA SHELDON RD ELK GROVE CA SANDAGE AVE ELK GROVE CA BOND RD ELK GROVE CA SHELDON RD ELK GROVE CA SANDAGE AVE ELK GROVE CA SANDAGE AVE ELK GROVE CA SANDAGE AVE ELK GROVE CA MILLPOND CT ELK GROVE CA MILLPOND CT ELK GROVE CA MILLPOND CT ELK GROVE CA SANDAGE AVE ELK GROVE CA 95624

27 WATERMAN RD SALMON CREEK DR WAY BER WAVES WAY BRADSHAW RD 8920 Good Shepard Lane ft Radius for Owners SHELDON RD SANDAGE AVE LN MARIS LN POPLAR HOLLOW MILLPOND CT BOND RD BOULDER MOON RIVER WAY Legend RUSHING CREEK WAY 8920 Good Shepard Lane Owners within 1000ft SIERRA RIVER DR ALMON D W ILLOW WAY RIVER WAY STONEBROOK DR WINDING BROOK WAY AM ,000 Feet EARLY LIGHT 27

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