Planning Commission Staff Report July 7, 2016

Transcription

1 Commission Staff Report July 7, 2016 PROJECT: FILE: REQUEST: LOCATION: Lent Ranch Marketplace Lots I and J EG Conditional Use Permit, Tentative Parcel Maps Southwest and southeast corners of Kammerer Road and Promenade Parkway APN: , STAFF: Pam Johns, Manager PROPERTY OWNER/APPLICANT: Feletto Development, LLC Mr. Martin Feletto PO Box Sacramento, CA AGENT: Gillum Consulting, Inc. Mr. Jim Gillum, Representative Amalgam Way #9 Gold River, CA Staff Recommendation Staff recommends that the Commission adopt a Resolution: 1. Finding no further CEQA review is necessary for the Lent Ranch Marketplace Lots I and J Conditional Use Permit and Tentative Parcel Maps pursuant to Section of Title 14 of the California Code of Regulations (State CEQA Guidelines); and 2. Approving the Lent Ranch Marketplace Lots I and J project (EG ) subject to the findings and conditions of approval included in the proposed resolution (Attachment 1). Project Description The Lent Ranch Marketplace Lots I & J Project (Project) is a request by Feletto Development, LLC, for approval of a Conditional Use Permit and two Tentative Parcel Maps to implement a previously-approved Visitor Commercial Shopping Center on 12.6 acres in the Lent Ranch Special Area. The Conditional Use Permit would allow liquor sales as an ancillary use in the planned convenience store; The Tentative Parcel Map for Lot I would subdivide one, 6.0-acre property into four (4) commercial lots; and The Tentative Parcel Map for Lot J would subdivide one, 8.6-acre parcel into seven (7) commercial lots. Background On June 27, 2001, the City Council adopted the Lent Ranch Special Area (SPA), establishing a 295-acre future commercial area in the southern part of the City at Grant Line Road and State Route 99 (SR-99). The SPA utilizes five (5) different land-use types to divide the 295-acre Lent Ranch site into eight (8) commercial districts. The five (5) land-use types include Regional Mall, Community Commercial, Office and Entertainment, Visitor Commercial, and Multi-Family Residential. The SPA provides allowable use information and development standards for each land-use type. The proposed Project is located on the Visitor Commercial site (District F) designated by the SPA as shown in Figure 1.

2 Elk Grove Commission July Page 2 Figure 1: Lent Ranch SPA Land Use Exhibit In addition to approval of the Lent Ranch SPA, the City Council approved a Development Agreement (DA) in 2001 between the City and the owners of properties within the boundaries of the SPA. This DA provides additional guidance for development within the SPA including construction timing requirements, requirements for Development Plan Review approvals, and conditions under which the DA was acceptable to all parties. The DA was amended by City Council once in 2010 and again in 2015, restating terms, recognizing ownership changes, removing limitations on development outside of the Regional Mall site, modifying rights, and extending the term of the DA to In December 2008, City Council approved a District Development Plan (DDP) for this 12.8-acre Visitor Commercial site (District F) within the Lent Ranch SPA. The DDP includes review of conceptual development plans: conceptual site plan, landscape plan, sign program, site amenities, and architectural concepts, which will be used for future Development Plan Review entitlements. As outlined in the SPA, Conditional Use Permit approval is required for alcohol sales ancillary to a convenience store. The Conditional Use Permit and Tentative Parcel Maps require Commission approval. Subsequent development of the 12.8-acre Visitor Commercial requires administrative Development Plan approval for consistency with the adopted DDP. 2

3 Elk Grove Commission July Page 3 Project Setting This Project site is located on the southwest and southeast corners of Kammerer Road and Promenade Parkway within the Lent Ranch SPA, south of the Elk Grove Promenade Mall site. Table 1 identifies the existing uses, General Plan designation, and Zoning designations for the subject property and neighboring properties. Figure 2 shows the location of the project within the City. Table 1 - Adjacent Land Designations and Uses Existing Uses General Plan Zoning Project Site Vacant Commercial SPA-LR North Partially-developed shopping center Commercial SPA-LR South Vacant Agricultural Cropland AG-80 (Sacramento County) West Vacant Commercial SPA-LR East Residential, outbuildings Commercial SPA-LR Figure 2 Vicinity Map 3

4 Elk Grove Commission July Page 4 Analysis The proposed Project has been reviewed in accordance with the City s General Plan, the Lent Ranch SPA and DDP for District F, and Title 23 of the Municipal Code (herein after the Zoning Code). The proposed Project (with findings and conditions outlined herein) has been found consistent with the General Plan, previous approvals and entitlements for this site, and relevant provisions of the Zoning Code. Conditional Use Permit The proposed Project includes a request for approval of a Conditional Use Permit for alcohol sales in conjunction with a convenience store. The Lent Ranch SPA includes land uses that are allowed by right as well as uses permitted with approval of a Conditional Use Permit. The existing DDP for this 12.8-acre Visitor Commercial site (District F) was approved with a service station and convenience store on the southwest corner of Kammerer Road and Promenade Parkway (see Figure 3). Issues associated with the siting of this use were analyzed and conditioned as part of the DDP. Subsequent development is required to comply with applicable conditions. A Conditional Use Permit is required to sell alcohol in the approved convenience store location. Figure 3 District Development Plan Approved Conceptual Site Plan Additional conditions have been added with regard to alcohol sales. All other conditions associated with the corresponding uses have been analyzed and incorporated into the DDP approval. Subsequent development will need to be consistent with the Lent Ranch SPA and DDP or any amendment thereto. The Project may require a finding of Public Convenience and Necessity as determined by the State Department of Alcoholic Beverage Control (ABC). 4

5 Elk Grove Commission July Page 5 Tentative Parcel Map The proposed Project includes a request for approval of two Tentative Parcel Maps for Lots I and J as listed below. As conditioned, both of the proposed maps are consistent with the General Plan, Lent Ranch SPA and approved DDP, and comply with relevant development standards of Elk Grove Municipal Code Titles 22 (Land Development) and 23 (Zoning). The proposed Tentative Parcel Map for Lot I located on the southwest corner of Kammerer Road and Promenade Parkway would subdivide one, 6.0-acre property into four (4) commercial lots as shown in Figure 4 and Attachment 1 Exhibit B. Figure 4 Lot I Tentative Parcel Map The proposed Tentative Parcel Map for Lot J located on the southeast corner of Kammerer Road and Promenade Parkway would subdivide one, 8.6-acre parcel into seven (7) commercial lots as shown in Figure 5 and Attachment 1 Exhibit B. 5

6 Elk Grove Commission July Page 6 Figure 5 Lot J Tentative Parcel Map Letters from Commenting Agencies This Project was routed to various City, County, and State agencies for review. No issues of concern were identified by these agencies. Comments from agencies have been incorporated into the project or included as draft conditions of approval. 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. Staff has reviewed the project to determine the required level of review under CEQA. The proposed project is exempt from CEQA under CEQA Guidelines Section (Projects Consistent with a Community Plan, General Plan or Zoning). The proposed Project is located in the Lent Ranch Special Area (SPA), which was approved by the City Council in June The Lent Ranch SPA was analyzed pursuant to CEQA in the Lent Ranch SPA EIR (SCH# ), which assumed development of 1.3 million square feet of shopping center, ancillary commercial development, entertainment, office, hotel, and multi-family residential uses and established zoning as Lent Ranch SPA. The SPA includes land uses that are allowed by right 6

7 Elk Grove Commission July Page 7 and conditionally permitted uses. The proposed Project includes a request for Tentative Parcel Maps, but no specific development proposal, and a Conditional Use Permit required to implement the previously-approved District Development Plan (DDP). Since the proposed Tentative Parcel Maps do not provide or allow uses different than those in the Lent Ranch SPA or EIR, they would not result in any impacts not previously considered. Similarly, the proposed Conditional Use Permit is consistent with the conditional uses described in the Lent Ranch SPA, so the operation of these uses would not differ from that considered in the EIR. Since the proposed Project is consistent with the Lent Ranch SPA Visitor Commercial zone analyzed in the EIR, it would not result in any new or more severe significant impacts than those identified in the certified EIR and a finding can be made that no further environmental review would be required pursuant to CEQA Guidelines Section Recommended Motion Should the Commission agree with staff s recommendation, the following motions are suggested: I move that the Commission adopt a Resolution finding no further CEQA review is necessary for the Lent Ranch Marketplace Lots I and J Conditional Use Permit and Tentative Parcel Maps pursuant to Section of Title 14 of the California Code of Regulations (State CEQA Guidelines); and approving the Lent Ranch Marketplace Lots I and J project (EG ) subject to the findings and conditions of approval included in the proposed resolution (Attachment 1). Attachments 1. Resolution Exhibit A Project Description Exhibit B Lot I Tentative Parcel Map Lot J Tentative Parcel Map Exhibit C 7

8 RESOLUTION NO XX JULY 7, 2016 A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION FINDING NO FURTHER CEQA REVIEW NECESSARY AND APPROVING A CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAPS FOR LENT RANCH MARKETPLACE LOTS I AND J PROJECT NO. EG SOUTHWEST AND SOUTHEAST CORNERS OF KAMMERER ROAD AND PROMENADE PARKWAY APN: &, WHEREAS, the Development Services Department of the City of Elk Grove received an application on February 10, 2016, from Feletto Land Development, LLC (the Applicant ) requesting a Conditional Use Permit and Tentative Parcel Maps for The Lent Ranch Marketplace Lots I and J (the Project ); 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 , -010; and WHEREAS, the City determined that the Project is subject to the California Environmental Quality Act; and WHEREAS, State CEQA Guidelines Section (Consistency with a General Plan, Community Plan, or Zoning for Which an EIR was Prepared) applies to projects that are consistent with the General Plan; and WHEREAS, the Commission held a duly noticed public hearing on July 7, 2016, 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 Commission of the City of Elk Grove finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section based upon the following finding: CEQA Finding: No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section (Consistency with a General Plan, Community Plan, or Zoning for Which an EIR was Prepared). Evidence: The proposed Project is located in the Lent Ranch Special Area (SPA), which was approved by the City Council in June The Lent Ranch Marketplace SPA was analyzed pursuant to the California Environmental Quality Act 8

9 (CEQA) in the Lent Ranch EIR (SCH# ), which assumed development of 1.3 million square feet of shopping center, ancillary commercial development, entertainment, office, hotel, and multi-family residential uses and established zoning as Lent Ranch Marketplace SPA. The SPA includes land uses that are allowed by right and conditionally permitted uses. The proposed Project includes a request for Tentative Parcel Maps, but no specific development proposal, and a Conditional Use Permit required to implement the previously-approved District Development Plan (DDP). Since the proposed Tentative Parcel Maps do not provide or allow uses different than those in the Lent Ranch SPA or EIR, they would not result in any impacts not previously considered in the certified EIR. Similarly, the proposed Conditional Use Permit is consistent with the conditional uses described in the Lent Ranch SPA, so the operation of these uses would not differ from that considered in the EIR. Since the proposed Project is consistent with the Lent Ranch SPA Visitor Commercial zone analyzed in the EIR, it would not result in any new or more severe significant impacts than those identified in the certified EIR and a finding can be made that no further environmental review would be required pursuant to CEQA Guidelines Section AND, BE IT FURTHER RESOLVED, that the Commission of the City of Elk Grove hereby approved the Conditional Use Permit and Tentative Parcel Maps for the Project, as described in Exhibit A and illustrated in Exhibit B, subject to the conditions of approval in Exhibit C (all incorporated herein by this reference), based upon the following findings: CONDITIONAL USE PERMIT Finding #1: The proposed use is consistent with the General Plan, adopted Lent Ranch SPA, DDP for District F, and all applicable provisions of this title. Evidence: The proposed Project is consistent with the overall development expectations of the Commercial General Plan Land Use Designation and Lent Ranch SPA Visitor Commercial zone. The Lent Ranch SPA establishes a list of land uses allowed by right and those allowed with approval of a Conditional Use Permit. The DDP for District F (Lots I and J) approved for a commercial shopping center on the site included a convenience store and service station on the southwest corner of Kammerer Road and Promenade Parkway. Impacts associated with the shopping center use and site development were evaluated and conditioned as part of the District F DDP. Alcohol sales ancillary to a convenience store requires approval of a Conditional Use Permit and conditions have been incorporated to address potential impacts associated with the internal sales of alcohol. Finding #2: The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or the general welfare of the City. Evidence: The proposed Project convenience store and service station development was previously approved as part of the District F DDP for Lots I and J. Impacts associated with the physical development and primary convenience store use Page 2 of 20 9

10 were previously analyzed and conditioned. The Conditional Use Permit is required to sell alcohol as an ancillary use within the convenience store. Impacts associated with that ancillary use have been addressed through conditions of approval to ensure that the alcohol sales will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood or City. TENTATIVE PARCEL MAPS Finding #1: 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: 10 a. The proposed maps are consistent with the Elk Grove General Plan. b. The design of the improvements of the proposed subdivisions are consistent with the General Plan and the approved Lent Ranch SPA and District Development Plan for District F. c. The site is physically suitable for commercial development because the site is designated Commercial in the General Plan and is designated in the Lent Ranch SPA for Visitor Commercial zone. d. The site is appropriate for the specified density of development because the site is designated Commercial in the General Plan, is designated in the Lent Ranch SPA for Visitor Commercial zone, and was previously approved for a commercial shopping center by the DDP for District F for Lots I and J. e. The proposed Tentative Parcel Maps are consistent with the General Plan, Lent Ranch SPA and DDP and therefore would not cause substantial environmental damage. f. The design of the parcel maps or types of improvements will meet all applicable standards or regulations. The site is adequately sized and designed to support the approved shopping center, providing safe vehicle and pedestrian access. Typical tenants within a center of this type will not Page 3 of 20

11 involve the use of hazardous materials or create any circumstance that would result in serious public health issues. g. No conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivisions, have been identified. Coordination with all utility agencies will be conducted prior to issuance of any building permits for the Project to ensure no conflicts with easements result from Project implementation. The foregoing Resolution of the City of Elk Grove was passed and adopted by the Commission on the 7 th day of July 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sandy Kyles, PLANNING SECRETARY Fedolia Sparky Harris, CHAIR of the PLANNING COMMISSION Page 4 of 20 11

12 Exhibit A Project Description PROJECT DESCRIPTION The Lent Ranch Marketplace Lots I & J Project (Project) is a request by Feletto Development, LLC, for approval of a Conditional Use Permit and two Tentative Parcel Maps to implement a previously approved Visitor Commercial Shopping Center on 12.6 acres in the Lent Ranch Special Area. The Conditional Use Permit would allow liquor sales as an ancillary use in the planned convenience store; The Tentative Parcel Map for Lot I would subdivide one, 6.0-acre property into four (4) commercial lots; and The Tentative Parcel Map for Lot J would subdivide one, 8.6-acre parcel into seven (7) commercial lots. 12

13 EXHIBIT B 13

14 14

15 Exhibit C CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT ON GOING This action does not relieve the Applicant of the obligation to comply 1. with all applicable ordinances, statutes, regulations, and procedures. Timing/ Impleme ntation Enforcement/ Monit oring Verification (date and Signature) The Applicant/Property Owner and any 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 approval or any environmental or other documentation related to approval of this Application. Except as otherwise specified or provided for in the Project plans or in these conditions, the Project shall conform to the development standards and design requirements adopted by the City of Elk Grove, specifically including but not limited to the following: Lent Ranch Special Area District Development Plan for District F The Elk Grove Zoning Code (As specified in the Development Agreement) 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 may be applicable: Grading Permit and Improvement Plans Building Permit and Certificate of Occupancy Requirements of the Sacramento Metropolitan Air Quality Management District Fire Permit On-Going On-Going Building CCSD SCWA Page 8 of 20 15

16 Exhibit C CONDITIONAL USE PERMIT The cashier area shall be equipped with a CCTV camera system with recording and playback capability to discourage criminal acts and aid in criminal apprehension. The recorded data shall be housed in a secure room away from the cash register area. Recorded data shall be maintained for a minimum of two weeks. On-site supervisors shall be trained on the proper use and playback of the system to assist patrol officers during any criminal investigations. The CCTV camera system, including all cameras, shall be properly maintained and operating effectively at all times. The cashier area and the secure room shall be equipped with a telephone. Timing/ Impleme ntation Ongoing Ongoing Enforcement/ Monit oring EGPD EGPD Verification (date and Signature) Lottery, ATM and other machines shall not block primary visibility into the facility. ATM machines shall be located in an area away from exit doors and with good visibility. As regulated in the municipal code, window areas, including clear glass doors, shall be kept free of excessive signage so that the visibility inside the store by passerby is not restricted. Alcoholic beverages shall be maintained in direct observation of the cashier. Coolers or cabinets containing alcoholic beverages shall be locked between the hours of 2:00 A.M. and 6:00 A.M. to prevent thefts and attempts to purchase during these hours. Floor displays of alcoholic beverages shall be appropriately secured to the satisfaction of the Police Department between the hours of 2:00 A.M. and 6:00 A.M. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by single containers from a refrigerator or cooler, but may be sold from non-refrigerated shelves. If beer, malt beverages, and wine coolers in containers of 16 oz. or less are sold from refrigerators or coolers, they must be sold in manufacturer prepackaged multi-unit quantities. Ongoing Ongoing Ongoing Ongoing EGPD EGPD EGPD EGPD 16 Page 9 of 20

17 Exhibit C TENTATIVE PARCEL MAP LOT I TENTATIVE PACEL MAP LOT I ON GOING Development and operation of the proposed Project shall be 1. 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. This action does not relieve the Applicant of the obligation to comply 2. with all ordinances, statutes, regulations, and procedures. The Applicant/Property Owner and any Successors in Interest 3. (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 approval or any environmental or other documentation related to approval of this Application. Except as otherwise specified or provided for in the Project plans or 4. in these conditions, the Project shall conform to the development standards and design requirements adopted by the City of Elk Grove, specifically including but not limited to the following: Lent Ranch Special Area District Development Plan for District F The Elk Grove Zoning Code (As specified by the Development Agreement) Timing/ Impleme ntation Enforcement/ Monit oring Verification (date and Signature) Page 10 of 20 17

18 Exhibit C 5. TENTATIVE PACEL MAP LOT I The Applicant shall design and construct all improvements in accordance with the Development Agreement, as further conditioned herein, and to the satisfaction of. All street improvements shall include vertical curb and gutter, except as approved by, in which case street improvements shall include rolled curb and gutter. Specific locations on median(s) that require emergency vehicle access will be evaluated during review and acceptance of the Improvement Plans. Unless noted on the approved Project Plans, any deviations from Improvement Standards shall be subject to approval of the Public Works Director. Timing/ Impleme ntation Enforcement/ Monit oring Public Works SCWA SMUD PG&E Verification (date and Signature) Public sewer, water, and other utility infrastructure shall be designed and constructed with the standards of the appropriate utility. The Applicant shall pay all plan check fees, impact fees, or other costs as required by the City, the Cosumnes Community Services District (CCSD), Sacramento Area Sewer District (), Sacramento County Water Agency (SCWA), or other agencies or services providers as established by law. 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 may be applicable: Grading Permit and Improvement Plan Building Permit and Certificate of Occupancy Requirements of the Sacramento Metropolitan Air Quality Management District Fire Permit The Applicant is notified that this property is part of the Lent Ranch Special Area (SPA) project (EG ), 2001 Development Agreement (including the 2015 Amendment and Extensions), and the2007 Condemnation Settlement Agreement. This project is subject to all applicable mitigation measures and conditions of approval from the Lent Ranch SPA project. Page 11 of 20 Ongoing Building CCSD SCWA Building CCSD SCWA

19 Exhibit C TENTATIVE PACEL MAP LOT I Timing/ Impleme ntation PRIOR TO OR IN CONJUNCTION WITH IMPROVEMENT PLANS AND/OR GRADING PLAN APPROVAL Prior to the issuance of Building Permit(s) or approval of the Building Permit or 9. Improvement Plan, whichever comes first, the property owner(s) Improvement shall; (1) approve (a) the formation of a new or annexation to an Plan, whichever existing community facilities district ( CFD ), and (b) an annual CFD occurs first special tax; or (2) deposit a sum of money, as determined by the Cosumnes Community Services District ( CCSD ), sufficient for the CCSD to fund a portion of the CCSD s cost of providing ongoing fire and emergency services, maintenance, operation, and repair and replacement of fire station facilities and fire and emergency equipment. Any costs for the formation of the new CFD or annexation into an existing CFD and approval of such annual special tax, or administration of the sum of money deposited to fund the CCSD s costs of providing ongoing fire and emergency services, shall be paid from the annual CFD special taxes or the sum of money deposited with the CCSD. In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the CCSD, no building permits or further building permits for the property shall be issued, or approval of the Improvement Plan shall be provided Connection to the sewer system shall be required to the satisfaction of. Design Standards apply to any on-site and off-site sewer construction. Each parcel with a sewage source shall have a separate connection to the public sewer system. If there is more than one building in any single parcel and the parcel is not proposed for split, then each building on that parcel shall have a separate connection to a private on-site sewer line or the public sewer line. Improvement Plans Improvement Plans Enforcement/ Monit oring CCSD CFD Verification (date and Signature) Page 12 of 20 19

20 Exhibit C TENTATIVE PACEL MAP LOT I Timing/ Impleme ntation Enforcement/ Monit oring Verification (date and Signature) PRIOR TO OR IN CONJUNCTION WITH FINAL MAP SUBMITTAL OR APPROVAL The Applicant shall design and construct Kammerer Road, along Lot I 12. frontage based on an 8-lane arterial in accordance with the applicable City General Plan, Improvement Standards and to the satisfaction of the City. The Applicant shall dedicate, design, and construct Promenade 13. Parkway as shown on the tentative parcel map in accordance with the applicable City Improvement Standards and to the satisfaction of the City. The Applicant shall dedicate, design, and construct an expanded 14. intersection on Promenade Parkway at the intersection of Kammerer Road in accordance with the applicable City Improvement Standards and to the satisfaction of the City. The Applicant may satisfy their public improvement obligations by 15. entering into a Frontage Improvement Agreement and posting adequate security in accordance with City policy. The Applicant shall dedicate a pedestrian easement along the 16. project s frontage adjacent to Promenade Parkway to the satisfaction of the City. The Applicant shall record a reciprocal access and utility agreement 17. between the parcels of this development including but not limited to maintenance and joint access to the satisfaction of the City. Sewer easements will be required. All sewer easements shall be 18. dedicated to, in a form approved by the District Engineer. All sewer easements shall be at least 20 feet in width and ensure continuous access for installation and maintenance. will provide maintenance only in public rights-of-ways and in easements dedicated to. Subdivision of these properties shall require payment of sewer impact 19. fees to both and SRCSD in accordance with each District s Ordinances. or Building Permit per Ordinance SRCSD 20 Page 13 of 20

21 Exhibit C TENTATIVE PACEL MAP LOT I Developing this property shall require the payment of Regional San sewer impact fees (connection fees). Regional San sewer impact fees shall be paid prior to the issuance of building permits. For questions pertaining to Regional San sewer impact fees, please contact the Sewer Fee Quote Desk at Three existing SMUD pullboxes (one at the southwest corner of Kammerer and Promenade and one midway adjacent to Kammerer) are located on the owner s property. The existing SMUD pullbox at the southwest corner (Kammerer and W Stockton) of the property has been identified by SMUD Survey that it was within the 14-foot PUE. For the other two pullboxes, SMUD will either credit the Owner for replacing the box covers with traffic rated covers OR SMUD shall perform this work at no charge to the Owner (SMUD s discretion). The Owner shall dedicate easements for all three existing SMUD pullboxes and all facilities that are outside of the PUEs on Lot I. Structural setbacks of less than 14 feet may create clearance issues. The developer shall meet with all utilities to ensure adequate setbacks are maintained. To maintain trench integrity, building foundations must have a horizontal clearance of 5 feet from any SMUD trench. Developer to verify with other utilities (gas, telephone, etc.) for their specific clearance requirements. SMUD equipment shall be accessible to a 26,000 pound service vehicle in all weather. SMUD equipment shall be no further than 15 feet from a drivable surface. The drivable surface shall have a minimum width of 20 feet. Timing/ Impleme ntation or Building Permit, whichever occurs first Enforcement/ Monit oring SMUD SMUD SMUD SMUD Verification (date and Signature) Page 14 of 20 21

22 Exhibit C TENTATIVE PARCEL MAP LOT J TENTATIVE PARCEL MAP LOT J ON GOING Development and operation of the proposed Project shall be 1. 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. This action does not relieve the Applicant of the obligation to comply 2. with all ordinances, statutes, regulations, and procedures. The Applicant/Property Owner and any Successors in Interest 3. (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 approval or any environmental or other documentation related to approval of this Application. Except as otherwise specified or provided for in the Project plans or 4. in these conditions, the Project shall conform to the development standards and design requirements adopted by the City of Elk Grove, specifically including but not limited to the following: Lent Ranch Special Area District Development Plan for District F The Elk Grove Zoning Code (As specified by the Development Agreement) Timing/ Impleme ntation Enforcement/ Monit oring Verification (date and Signature) 22 Page 15 of 20

23 Exhibit C 5. TENTATIVE PARCEL MAP LOT J The Applicant shall design and construct all improvements in accordance with the Development Agreement. All street improvements shall include vertical curb and gutter, except as approved by, in which case street improvements shall include rolled curb and gutter. Specific locations on median(s) that require emergency vehicle access will be evaluated during review and acceptance of the Improvement Plans. Unless noted on the approved Project Plans, any deviations from Improvement Standards shall be subject to approval of the Public Works Director. Timing/ Impleme ntation Enforcement/ Monit oring Public Works SCWA SMUD PG&E Verification (date and Signature) Public sewer, water, and other utility infrastructure shall be designed and constructed with the standards of the appropriate utility. The Applicant shall pay all plan check fees, impact fees, or other costs as required by the City, the Cosumnes Community Services District (CCSD), Sacramento Area Sewer District (), Sacramento County Water Agency (SCWA), or other agencies or services providers as established by law. 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 may be applicable: Grading Permit and Improvement Plan Building Permit and Certificate of Occupancy Requirements of the Sacramento Metropolitan Air Quality Management District Fire Permit The Applicant is notified that this property is part of the Lent Ranch Special Area (SPA) project (EG ), 2001 Development Agreement (including the 2015 Amendment and Extensions), and the2007 Condemnation Settlement Agreement. This project is subject to all applicable mitigation measures and conditions of approval from the Lent Ranch SPA project. Ongoing Building CCSD SCWA Building CCSD SCWA Page 16 of 20 23

24 Exhibit C TENTATIVE PARCEL MAP LOT J Timing/ Impleme ntation PRIOR TO OR IN CONJUNCTION WITH IMPROVEMENT PLANS AND/OR GRADING PLAN APPROVAL Prior to the issuance of Building Permit(s) or approval of the Building Permit or 9. Improvement Plan, whichever comes first, the property owner(s) Improvement shall; (1) approve (a) the formation of a new or annexation to an Plan, whichever existing community facilities district ( CFD ), and (b) an annual CFD occurs first special tax; or (2) deposit a sum of money, as determined by the Cosumnes Community Services District ( CCSD ), sufficient for the CCSD to fund a portion of the CCSD s cost of providing ongoing fire and emergency services, maintenance, operation, and repair and replacement of fire station facilities and fire and emergency equipment. Any costs for the formation of the new CFD or annexation into an existing CFD and approval of such annual special tax, or administration of the sum of money deposited to fund the CCSD s costs of providing ongoing fire and emergency services, shall be paid from the annual CFD special taxes or the sum of money deposited with the CCSD. In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the CCSD, no building permits or further building permits for the property shall be issued, or approval of the Improvement Plan shall be provided Connection to the sewer system shall be required to the satisfaction of. Design Standards apply to any on-site and off-site sewer construction. Each parcel with a sewage source shall have a separate connection to the public sewer system. If there is more than one building in any single parcel and the parcel is not proposed for split, then each building on that parcel shall have a separate connection to a private on-site sewer line or the public sewer line. Improvement Plans Improvement Plans Enforcement/ Monit oring CCSD CFD Verification (date and Signature) 24 Page 17 of 20

25 Exhibit C TENTATIVE PARCEL MAP LOT J Timing/ Impleme ntation Enforcement/ Monit oring Verification (date and Signature) PRIOR TO OR IN CONJUNCTION WITH FINAL MAP SUBMITTAL OR APPROVAL The Applicant shall dedicate, design, and improve Promenade 12. Parkway as shown on the tentative parcel map in accordance with the applicable City Improvement Standards and to the satisfaction of the City. The Applicant shall dedicate, design, and construct an expanded 13. intersection on Promenade Parkway at the intersection of Kammerer Road in accordance with the applicable City Improvement Standards and to the satisfaction of the City. The Applicant shall dedicate, design and construct West Stockton 14. Blvd, including appropriate transition(s) along the Project frontage based on a 60 collector in accordance with the applicable Improvement Standards and to the satisfaction of the City. Right-of- Way shall be measured from the back of curb. The Applicant may satisfy their public improvement obligations by 15. entering into a Frontage Improvement Agreement and posting adequate security in accordance with City policy. The Applicant shall dedicate a pedestrian easement along the 16. project s frontage adjacent to Promenade Parkway and West Stockton Boulevard to the satisfaction of the City. The Applicant shall record a reciprocal access and utility agreement 17. between the parcels of this development including but not limited to maintenance and joint access to the satisfaction of the City. Sewer easements will be required. All sewer easements shall be 18. dedicated to, in a form approved by the District Engineer. All sewer easements shall be at least 20 feet in width and ensure continuous access for installation and maintenance. will provide maintenance only in public rights-of-ways and in easements dedicated to. Subdivision of these properties shall require payment of sewer impact 19. fees to both and SRCSD in accordance with each District s Ordinances. or Building Permit per Ordinance SRCSD Page 18 of 20 25

26 Exhibit C TENTATIVE PARCEL MAP LOT J Developing this property shall require the payment of Regional San sewer impact fees (connection fees). Regional San sewer impact fees are to be paid prior to the issuance of building permits. For questions pertaining to Regional San sewer impact fees, please contact the Sewer Fee Quote Desk at Dedicate an 18.5-foot utility easement to the City of Elk Grove for underground facilities and appurtenance on Lot J, along West Stockton Boulevard. Provide public utility providers access via on-site roadway to existing public utility easements for the purpose(s) of installation, operation, and maintenance of their facilities within said easements. Said roadways must meet minimum SMUD requirements for access road. Dedicate a 12.5-foot utility easement to the City of Elk Grove for underground facilities and appurtenance on Lot J along Promenade Parkway South. Within the proposed double 69kV circuits with 12kV underbuild on the existing overhead route, on east side of the parcel and west of Stockton Blvd, SMUD requires a minimum of 18 feet horizontal clearance from the 69kV pole to the 70-foot tall freeway oriented sign. Structural setbacks of less than 14 feet may create clearance issues. The developer shall meet with all utilities to ensure adequate setbacks are maintained. To maintain trench integrity, building foundations must have a horizontal clearance of 5 feet from any SMUD trench. Developer to verify with other utilities (gas, telephone, etc.) for their specific clearance requirements. SMUD equipment shall be accessible to a 26,000 pound service vehicle in all weather. SMUD equipment shall be no further than 15 feet from a drivable surface. The drivable surface shall have a minimum width of 20 feet. Timing/ Impleme ntation or Building Permit, whichever comes first Enforcement/ Monit oring SMUD SMUD SMUD SMUD SMUD SMUD SMUD Verification (date and Signature) 26 Page 19 of 20

27 Exhibit C TENTATIVE PARCEL MAP LOT J Timing/ Impleme ntation Enforcement/ Monit oring Verification (date and Signature) PRIOR TO OR IN CONJUNCTION WITH FINAL MAP SUBMITTAL OR APPROVAL Prior to the approval of site development plans as part of the Design 28. Review entitlement process, the developer shall coordinate with the City s Public Works Department and Transit Division to design and construct a bus stop, cement pad, and bus shelter on eastbound Kammerer Road, approximately 200 feet east of the Kammerer Road/Promenade Parkway intersection (adjacent to the northern boundary line of Lot J, as shown in the Tentative Parcel Map). The bus stop cement pad and shelter shall be designed to the specifications and satisfaction of the City s Public Works Department. Site Development Plans Public Works Page 20 of 20 27

28 ELK GROVE FLORIN RD Lent Ranch Lots I & J - 2,000 ft Radius for Owners SHEFFIELD OA GATEMONTCIR K WAY IRON ROCK WAY E VALLEY DR HAMPTON OAK DR UNION PARK WAY WATERMAN RD KYLER RD ELKMONT WAY INDUSTRIAL RD E STOCKTON BLVD GRANT LINE RD BILBY RD PROMENADE PKWY HWY 99 NB DISPOSAL LN LENT RANCH PKWY SURVEY RD KAMMERER RD Lent Ranch Lots I & J W STOCKTON BLVD Legend Lent Ranch Lots I & J ESCHINGER RD 28 Owners within 2,000 ft ,000 Feet