Planning Commission Staff Report September 17, 2015

Transcription

1 Planning Commission Staff Report September 17, 2015 Project: File: Request: Emerald Park Estates EG Tentative Subdivision Map and Design Review for Subdivision Layout 9815 Emerald Park Drive Location: APN: Staff: Nate Anderson PROPERTY OWNER/APPLICANT: Emerald Park Estates, LLC Mike Motroni/Bill Jacques (Representative) 2428 Professional Drive #200 Roseville, CA AGENT: Wood Rodgers, Inc. Matt Spokely, PE (Representative) 3301 C Street, Bldg. 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 Emerald Park Estates Project (EG ) pursuant to State CEQA Guidelines, 14 CCR sections (Categorical Exemption for In-Fill Development) and (Projects Consistent with a Community Plan, General Plan, or Zoning); and 2. Approving a Tentative Parcel Map and Subdivision Design Review for the Emerald Park Estates Project (EG ) subject to the findings and conditions of approval included in the draft Resolution. Project Description The proposed Project is a Tentative Subdivision Map (and concurrent Design Review for subdivision layout) to subdivide one 3.25-acre parcel into 16 lots for low density residential singlefamily use. 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). Setting The Project site is approximately 3.25 gross acres in size. It is located at 9815 Emerald Park Drive and is identified by Assessor s Parcel Number The property is located south of Elk Grove Boulevard, east of Elk Grove-Florin Road, and west of the Union Pacific Railroad tracks. The site is bounded by Emerald Park Drive on the west and a tributary creek to Elk Grove Creek to the north, with existing single-family homes on all four sides. Table 1 details the Project s and adjacent properties current Zoning and General Plan designations and uses. 1

2 Elk Grove Planning Commission Emerald Park Estates EG September 17, 2015 Page 2 Table 1. Land Uses and Designations Existing Use General Plan Zoning Project Site Mostly vacant Low Density Residential RD-5 North Elk Grove Creek Public Open Space/Recreation RD-5 East Single-family residential Low Density Residential RD-5 South Single-family residential Low Density Residential RD-5 West Single-family residential Low Density Residential RD-5 There is currently a residential structure which exists on the site, which is known as the Lowe Home. This structure is discussed in detail later in this report. Other auxiliary structures have been removed from the Project site under a separate demolition permit, which was approved by the Elk Grove Building Department in February The site is relatively flat with topography ranging in elevation from 44 to 48 feet. The soils primarily consist of silty sand, sandy silt, and silty clay. The site is covered with several valley oak and black walnut trees. Immediately adjacent to the site is a tributary to Elk Grove Creek. Part of this corridor lies on the Project site in an existing 30-foot wide drainage easement, which runs parallel with the northern Project boundary. This portion of the creek has been studied in the City s Storm Drainage Master Plan. The Project does not propose any improvements or alterations to the existing creek. Figure 1. Location Map 2

3 Elk Grove Planning Commission Emerald Park Estates EG September 17, 2015 Page 3 Figure 2. Aerial Background The Project site is a remainder of the Emerald Park Place Subdivision Unit No. 1 subdivision, which was recorded by Sacramento County on October 9, That Final Map and associated Environmental Impact Section Initial Study/Negative Declaration (Control Number 86-SD-557) anticipated Falcon Meadow Drive and Hans Way intersecting as an elbow, consistent with the proposed Project. Analysis The site is designated as Low Density Residential (LDR) by the City of Elk Grove General Plan and is zoned for five residential parcels to the acre (RD-5). No change in general plan designation or zoning is proposed. The proposed Project is consistent with the General Plan designation and zoning district for the property. 3

4 Elk Grove Planning Commission Emerald Park Estates EG September 17, 2015 Page 4 Tentative Subdivision Map and Design Review The Project consists of a Tentative Subdivision Map (and concurrent Design Review for subdivision layout) to subdivide a single parcel totaling 3.25 acres into 16 lots for single family use (Figure 3). Five lots are proposed to front Emerald Park Drive. Falcon Meadow Drive and Hans Way will be extended to form an elbow where 11 lots are proposed, consistent with the previously referenced 1987 Sacramento County Project. The lots on the north side of the parcel adjacent to the existing creek will contain a 30-foot drainage easement. This lot design is consistent with the existing subdivision and homes immediately to the east. The existing right-of-way along the Emerald Park Drive frontage is 30 feet measured from the centerline of the street, which is also the Project boundary. The existing back of walk along this frontage varies from 25 to 30 feet from the Project boundary. The proposed Tentative Subdivision Map proposes vacating the extra right-of-way beyond the back of walk to clearly delineate the front yard responsibilities of the home owners fronting Emerald Park Drive. Figure 3. Tentative Subdivision Map 4

5 Elk Grove Planning Commission Emerald Park Estates EG September 17, 2015 Page 5 Staff has reviewed the map and standards for appropriate lot widths, depths, density, and lot sizes and has determined the Applicant s proposal is consistent with those standards. 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), as illustrated in the table below (see Table 2). Table 2: Analysis of Proposed Tentative Subdivision Map to Zoning Code Development Standards Development Proposed Title 23, Zoning Standard Project Complies Lot Area 5,200 square feet (min) 5,854 s.f. to 8,619 s.f. Yes Lot Depth 85 feet (min) 90 feet to 140 feet Yes Width/Frontage 52 feet (min) 54 feet to 75 feet Yes The Lowe Home The Project site contains an existing home that is thought to have been constructed by Thomas Lowe in The home is 1-½ stories and is approximately 2,500 square feet in size. The current condition of the home is poor and the windows have been boarded up. Portions of the roof where leaks have developed are covered in plastic sheeting. A full width porch has been added to the upper (main) level with a stairway to ground level. On the ground level are two additional entrances, which are now also boarded up. A Cultural Resource Assessment for the Project was prepared by Peak & Associates, Inc., in May 2015 to analyze the historic significance of the home (Attachment 2). The assessment concluded that the building does not meet the four required criteria to call the home historically significant, as detailed in the City s Historical Preservation Ordinance (EGMC Title 17). Thus, pursuant to the report, the building is not eligible for the California Register of Historical Resources. Due to the condition of the home and the finding that the existing structure is not a significant resource, the applicant has proposed to demolish the home under a separate building permit. Site Trees The site contains 103 trees of local importance, as defined by the City s Tree Ordinance (EGMC Chapter 19.12). These trees total 1,251 aggregate diameter inches as measured at breast height. The arborist report, which was prepared January 15, 2015 for the Project, stated that the condition of onsite trees ranges from poor to fair. According to the Applicant, the preservation of as many trees as possible on the Project site is important for the subdivision s appeal. The tree impact exhibit identifies 39 trees, totaling 439 aggregate diameter inches, which are proposed to remain. The arborist report recommends removal of seven (7) existing trees, totaling 143 aggregate diameter inches due, to structural issues and/or disease. In addition, 47 trees, totaling 519 aggregate diameter inches, are proposed to be removed to allow for construction of the subdivision. Eleven additional trees, totaling 150 aggregate diameter inches, are currently proposed to remain, but are slated for possible removal or encroachment with grading or subsequent home construction. 5

6 Elk Grove Planning Commission Emerald Park Estates EG September 17, 2015 Page 6 The Tree Impact Exhibit has been included as Attachment 3. The removal of trees of local importance will be subject to mitigation, pursuant to EGMC Chapter This has been included as Condition #11 of the Tentative Subdivision Map. Letters from Commenting Agencies The Project was routed to various City, County, and State agencies. Comments received were incorporated into Project design and the Conditions of Approval (Attachment 1, Exhibit C). School District Comments Attachment 4 includes a letter from the Elk Grove Unified School District identifying a concern that current school impact fees paid by developers are insufficient to purchase land and build schools to accommodate new students. The EGUSD s comment letter states, in part: The District is currently impacted and overcrowded. This and other development Projects will have a negative impact upon the District s existing school facilities. The District does not have the financial capability to purchase school sites nor construct and furnish needed school facilities with local funds alone. Developer fees and Mello-Roos taxes collected by the District are not sufficient or timely to satisfy the need. The District relies on statewide school bonds to provide funding necessary to construct new school facilities. Without continued state funding, the District is in a school housing crisis. The District will continue to seek additional state funds to construct needed school facilities. Until such time as adequate facilities are available for current and projected students, students may be housed on campuses that have exceeded their intended capacity. While this concern has been expressed by the District on other residential Projects before, the City addresses school impacts through the collection of the District s legally established school impact fees. The City understands the District s concerns, but, due to State law, is not able to impose additional financial requirements. The City shall ensure, during the building permit process, receipt of a signed copy of the EGUSD s Certification of Compliance, which verifies that all applicable school district impact fees are collected. 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. CEQA Guidelines, 14 CCR section (Categorical Exemption for In-Fill Development Projects) exempts from further CEQA review those infill Projects which: are consistent with the General Plan; are within City limits on a site no larger than five acres substantially surrounded by urban uses; are located on a site that has no value as habitat for rare or endangered species; would not result in significant adverse effects related to traffic, noise, air quality or water quality; and are located on a site that can be adequately served by all required utilities and public services. 6

7 Elk Grove Planning Commission Emerald Park Estates EG September 17, 2015 Page 7 Further, 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 has been determined to be consistent with the General Plan and there was nothing peculiar about the Project or parcel that would warrant further analysis. The proposed Project is located on an approximately 3.25-acre site in an urbanized area within the City of Elk Grove. The site is substantially surrounded by single-family residential development on all sides. The Project site has been historically used for agricultural and residential uses. The Project would develop the site consistent with the site s General Plan land use designation of Low Density Residential. No increase in development density beyond what was anticipated in the General Plan for the Project site would occur. In addition, no potential new impacts related to the property or Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the General Plan EIR. No other special circumstances exist that would create a reasonable possibility that the proposed Project will have a significant adverse effect on the environment. Therefore, the proposed Project qualifies for the exemption under CEQA Guidelines Section and 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 Sections (Categorical Exemption for In-Fill Development Projects) and (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations and approving a Tentative Subdivision Map and Design Review for subdivision layout for the Emerald Park Estates Project (EG ), subject to the findings and conditions of approval contained in the draft resolution. 1. Draft Planning Commission Resolution Exhibit A Project Description Exhibit B Tentative Subdivision Map Exhibit C Draft Conditions of Approval 2. Cultural Resources Assessment 3. Tree Impact Exhibit 4. EGUSD Comments 7

8 RESOLUTION NO September 17, 2015 A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION FINDING THE PROJECT EXEMPT FROM FURTHER CEQA ENVIRONMENTAL REVIEW AND APPROVING A TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT FOR THE EMERALD PARK ESTATES PROJECT NO. EG EMERALD PARK DRIVE APN: WHEREAS, the Planning Department of the City of Elk Grove received an application on February 13, 2015, from Emerald Park Estates, LLC (the Applicant) requesting a Tentative Subdivision Map and Design Review for Subdivision Layout; and WHEREAS, the proposed Project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as APNs: ; and WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (CEQA), Public Resource Code but is exempt; and WHEREAS, Section (Categorical Exemption for In-Fill Development Projects) of Title 14 of the California Code of Regulations, (State CEQA Guidelines) provides an exemption from CEQA for projects characterized as in-fill development and meeting all conditions described; 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 EIR was certified; 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. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Elk Grove finds that no subsequent environmental review is necessary for the Emerald Park Estates Project (EG ) under (In-Fill Development Projects) and (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations based upon the following finding: 8 Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 1 of 15

9 CEQA 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) (In-Fill Development Projects) and (Projects Consistent with a Community Plan, General Plan, or Zoning). Evidence: CEQA Guidelines, 14 CCR section (Categorical Exemption for In-Fill Development Projects) exempts from further CEQA review those infill Projects which: are consistent with the General Plan; are within City limits on a site no larger than five acres substantially surrounded by urban uses; are located on a site that has no value as habitat for rare or endangered species; would not result in significant adverse effects related to traffic, noise, air quality or water quality; and are located on a site that can be adequately served by all required utilities and public services. Further, 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 has been determined to be consistent with the General Plan and there was nothing peculiar about the Project or parcel that would warrant further analysis. The proposed Project is located on an approximately 3.25-acre site in an urbanized area within the City of Elk Grove. The site is substantially surrounded by single-family residential development on all sides. The Project site has been historically used for agricultural and residential uses. The Project would develop the site consistent with the site s General Plan land use designation of Low Density Residential. No increase in development density beyond what was anticipated in the General Plan for the Project site would occur. In addition, no potential new impacts related to the property or Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the General Plan EIR. No other special circumstances exist that would create a reasonable possibility that the proposed Project will have a significant adverse effect on the environment. Therefore, the proposed Project qualifies for the exemption under CEQA Guidelines Section and no further environmental review is required. AND, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Elk Grove approves the Tentative Subdivision Map and Design Review for subdivision layout for Emerald Park Estates (EG ) as described in Exhibit A and illustrated in Exhibit B and subject to the Conditions of Approval provided 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. Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 2 of 15 9

10 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: Design Review a. The proposed Project is consistent with the Elk Grove General Plan because the site is designated for Low Density Development in the General Plan and zoned RD-5 (5 dwelling units per acre). The Project would legally subdivide the parcel consistent with Title 23 (Zoning) and the allowed density. b. The design of the improvements of the proposed Project is consistent with the General Plan land use designations of Low Density 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 Low Density Residential in the General Plan and zoned RD-5 (5 dwelling units per acre). The Project site is compatible with the adjacent residential development on all sides. d. The design of the improvements of the proposed Project is consistent with the General Plan land use designations of Low Density Residential and the development standards for residential use in Title 23 (Zoning). The Project would legally subdivide the parcel consistent with Title 23 (Zoning). 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), which would not cause public health problems. 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. Finding #1: The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Specific Plan provisions, Special Planning Area provisions, 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, pedestrian connectivity, and sufficient open space and landscaping. The conditions of approval and subsequent design review of future residential development will ensure consistency with all standard requirements. Finding #2: The proposed project will not create conflicts with vehicular, bicycle, or pedestrian modes of transportation. 10 Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 3 of 15

11 Evidence: The proposed subdivision and layout provides adequate off-site access and onsite circulation for vehicle, bicycle, and pedestrian modes and sufficient parking for vehicles and bicycles 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 foregoing Resolution of the City of Elk Grove was passed and adopted by the Planning Commission on the 17 th day of September 2015, by the following vote: AYES: NOES ABSENT: ABSTAIN: ATTEST: Sandy Kyles, PLANNING SECRETARY George Murphey, CHAIR of the PLANNING COMMISSION Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 4 of 15 11

12 Exhibit A Emerald Park Estates (EG ) Project Description PROJECT DESCRIPTION The proposed Project, Emerald Park Estates, involves a Tentative Subdivision Map (and concurrent Subdivision Design Review) to subdivide one 3.25-acre parcel into 16 lots for low density residential single-family use as illustrated in Exhibit B. 12 Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 5 of 15

13 Exhibit B Emerald Park Estates (EG ) Tentative Subdivision Map Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 6 of 15 13

14 PROJECT NOTES TENTATIVE SUBDIVISION MAP RECORD OWNER / SUBDIVIDER EMERALD PARK ESTATES, LLC 2428 PROFESSIONAL DRIVE, SUITE 200 ROSEVILLE, CALIFORNIA CONTACT: MIKE MOTRONI PHONE: (916) EMERALD PARK ESTATES ELK GROVE, CALIFORNIA FEBRUARY 6, 2015 REVISED JULY 10, 2015 McCRORY ELK GROVE CREEK TRIBUTARY CITY OF ELK GROVE R/W DEED PER OPEN VIEW OR FIRE RESISTANT FENCE ALONG DRAIN ESMT OR ' ASSESSOR'S PARCEL NUMBERS CITY OF ELK GROVE ' 147' 95' 30' 94' R30 ' 5' 12.5' PUE 12.5' PUE HANS WAY 12.5' PUE NEHER NEHER ,854 SF 10) LOT NUMBERING IS FOR IDENTIFICATION PURPOSES ONLY AND DOES NOT INDICATE PHASING ORDER OF DEVELOPMENT. 15 7,675 SF DAHDOUH SUMP TO BE ABANDONDED PER SAC CO. ENVIO. HEALTH 55' 55' 16 7,675 SF ' (CL TO CORNER) RODRIGUEZ HUFFMAN STATHAM DEGUZMAN MALONEY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ELK GROVE, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL 2 AS SHOWN ON THE PARCEL MAP FILED IN THE OFFICE OF THE SACRAMENTO COUNTY RECORDER ON DECEMBER 27, 1972 IN BOOK 10 OF PARCEL MAPS, PAGE 1. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN THE BOUNDARIES OF OF THE EMERALD PARK PLACE SUBDIVISION UNIT NO. 1 FILED IN THE OFFICE OF THE SACRAMENTO COUNTY RECORDER ON OCTOBER 9, 1987 IN BOOK 179 OF MAPS, MAP NO. 17. BOATWRIGHT LOCATION MAP PARKLAND SUMMARY LEGAL DESCRIPTION ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND WITHIN THE 400 FOOT RIGHT OF WAY GRANTED TO CENTRAL PACIFIC RAILROAD COMPANY OF CALIFORNIA BY ACT OF CONGRESS APPROVED JULY 1, 1862, SUCH RIGHTS, TITLES AND INTERESTS THEREIN AS WERE NOT ACTUALLY CONVEYED TO THE PATENTES BY THE PATENT DATED OCTOBER 25, 1871, EXECUTED BY THE UNITED STATES OF AMERICA, RECORDED IN BOOK 2 OF PATENTS, PAGE 155. HO CLIFFORD ) PURSUANT TO SECTION OF THE SUBDIVISION MAP ACT, THE FOLLOWING EASEMENT IS ABANDONED: 30' I.O.D. PER BOOK , PAGE 281 (PORTION). 65' 40' (E) R/W McDANIEL / CAGLE SUBDIVIDER(S) RESERVES THE RIGHT TO FILE MULTIPLE FINAL MAPS PURSUANT TO SECTION OF THE SUBDIVISION MAP ACT. 8) DESIGN EXCEPTION REQUESTED FOR DRAIN INLET SPACING TO ALLOW LENGTH OF FLOW TO BE 640' IN LIEU OF 500' TO DRAIN PROPOSED ROAD AT INLETS LOCATED AT HANS WAY AND VICTOR WAY. 140' ' (CORNER TO CL) WENGER GAS PACIFIC GAS & ELECTRIC 7) DESIGN EXCEPTION REQUESTED FOR RIGHT-OF-WAY WIDTH ON PUBLIC STREET FROM 42' TO 40' TO MATCH EXISTING STUB STREETS AT HANS WAY AND FALCON MEADOW DRIVE. 55' 55' 50' (E) R/W 6,300 SF 63' 6,279 SF 100' (LOT) 6 63' 63' 5 ELECTRICITY SACRAMENTO MUNICIPAL UTILITY DISTRICT 5) ALL EXISTING STRUCTURES, INCLUDING THE HOME, TO BE REMOVED. EXISTING WELL, AT CONTRACTORS OPTION MAY BE UTILIZED FOR CONSTRUCTION WATER AND WILL BE ABANDONED UPON COMPLETION OF THE SUBDIVISION IMPROVEMENTS. 90' 63' CESSPOOL TO BE ABANDONDED PER SAC CO. ENVIO. HEALTH SWAIN B 100' 99' WATER ELK GROVE WATER SERVICE 2.10' 75' 6,300 SF GENERAL PLAN DESIGNATION LOW DENSITY RESIDENTIAL (NO CHANGE) 6) THIS EXHIBIT IS FOR TENTATIVE MAP PURPOSES ONLY. ALL SITE CHARACTERISTICS ARE TO BE VERIFIED PRIOR TO FINAL MAP. 12.5' PUE 6,627SF 7 63' 63' 55' (E) R/W 4 6,246 SF STORM DRAIN CITY OF ELK GROVE 4) THIS IS AN APPLICATION FOR A DEVELOPMENT PERMIT. 65' ALL EXIST. BLDGS. REMOVED BY SEPARATE PERMIT, UNLESS OTHERWISE NOTED, TYP. 100' WELL TO BE ABANDONDED PER SAC CO. ENVIO. HEALTH ZONING R-5 (NO CHANGE) 68' 90' 99' 69' 55' 0' WALDRON ,244 SF SEWER SACRAMENTO AREA SEWER DISTRICT 3) OWNER WILL DEDICATE ALL EASEMENTS AND RIGHT-OF-WAYS NECESSARY TO PROVIDE ALL UTILITIES. FALCON MEADOW DRIVE 70' 6,213 SF A 8 7,471 SF (G) 5,431 SF (N) 12.5' PUE 64' 3 63' 63' RIGHT-OF-WAY TO BE VACATED TO EXISTING BACK OF WALK (HATCHED AREA) PROPOSED USE 16 SINGLE FAMILY RESIDENTIAL LOTS 2) UNLESS OTHERWISE SHOWN ON MAP, ALL UTILITIES WILL BE INSTALLED WITHIN THE PUBLIC ROAD RIGHT-OF-WAY OR WITHIN A PUBLIC UTILITY EASEMENT. L 15 ' S B R2 98' ' S BL EMERALD PARK DRIVE 6,180 SF BOYCE GHOLSON ) 40' (E) R/W 8,619 SF 63' 63' ,378 SF (G) 5,338 SF (N) 12 SCHOOL DISTRICT ELK GROVE UNIFIED SCHOOL DISTRICT NOTE: 110' 9 R ' 80' 131' EXST. HOME TO BE REMOVED BY SEPARATE PERMIT (STRUCT 2,499 SF) 11 73' 12,196 SF (G) 7,826 SF (N) 13 7' 98' 103' 98' 30' IOD PER OR 281 ACCEPTED PER OR ,475 SF (G) 6,625 SF (N) 68' BENNETT EXISTING USE 1 SINGLE FAMILY HOME PARK DISTRICT CONSUMNES CSD 97' VARIES FIRE PROTECTION CONSUMES CSD DENSITY 4.9 UNITS PER ACRE (GROSS) AREA ACRES GROSS ACRES NET 68' 30' 30' 30' CITY OF ELK GROVE FOUNTAIN MENDES EXISTING 30' DRAIN ESMT. PER OR ' (E) R/W HAYWOOD ROCKWOOD ENGINEER WOOD RODGERS INC 'C' STREET, BLDG. 100B SACRAMENTO, CALIFORNIA CONTACT: MATTHEW SPOKELY, PE PHONE: (916) NUMBER OF PARCELS 16 SINGLE FAMILY RESIDENTIAL LOTS PER SECTION OF THE ELK GROVE MUNICIPAL CODE. PARKLAND REQUIREMENT: ACRES REQUIRED: (16 SF LOTS - 1 EXISTING SF LOT/HOME) X = ACRES ACRES PROVIDED: 0.0 ACRES PROVIDED MITIGATION PLAN: APPLICANT WILL PAY IN LIEU FEE FOR ACRES OF PARKLAND LAND SURVEYOR STATEMENT ENGINEER I HEREBY STATE THAT THIS TENTATIVE MAP ACCURATELY DEPICTS THE LOCATION,WIDTH, TYPE AND RECORDING INFORMATION OF ALL RECORD EASEMENTS LISTED IN THE PRELIMINARY TITLE REPORT ISSUED BY FIDELITY NATIONAL TITLE COMPANY, TITLE NO. FSSE JV, DATED JULY 1, ALL EASEMENTS PROPOSED TO BE ABANDONED OR EXTINGUISHED ARE IDENTIFIED. EASEMENTS THAT CAN NOT BE LOCATED FROM RECORD INFORMATION ARE LISTED IN THE NOTES. APN: JULY 10, 2015 MICHAEL E. LONG, PLS DATE "FRONT-ON" JULY 10, 2015 EXISTING HOME STREET TREE (TYP.) "FRONT-ON" EXISTING "FRONT-ON" "SIDE-ON" "SIDE-ON" STREET TREE (TYP.) EXISTING WALL TO BE REMOVED 12.5' P.U.E VARIES 18'-23' VARIES 18'-23' TRAVEL LANE TRAVEL LANE C.G. C.G. RW VARIES 50'-60' 3' RW 80' 40' 4' 3' WLK. 160' A 50'-60' STREET SECTION NOT TO SCALE 12.5' P.U.E. 15' HOUSE S.B.L. TO "FRONT-ON" 12.5' P.U.E. 15' HOUSE S.B.L. TO "FRONT-ON" RW 30' TO EXISTING RW PRIMARY RESIDENTIAL STREET 4' WLK. 4' 3' WLK. RW EXIST. RW B STREET TREE (TYP.) 13' TRAVEL LANE C.G. 13' TRAVEL LANE C.G. 40' SEE NOTE #7 ABOVE 3' 4' WLK. 12.5' P.U.E. 15' HOUSE S.B.L. TO "FRONT-ON" RW MINOR RESIDENTIAL STREET 40' STREET SECTION NOT TO SCALE EMERALD PARK ESTATES - TENTATIVE SUBDIVISION MAP

15 Exhibit C Emerald Park Estates (EG ) Conditions of Approval 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. Timing/ Impleme ntation On-Going Enforcement/ Moni toring Planning Verification (date and Signature) 2. This action does not relieve the Applicant of the obligation to comply with all ordinances, statutes, regulations, and procedures. On-Going Planning 3. The Tentative Subdivision Map approval is valid for three (3) years from the date of City Council approval, unless an extension of time is subsequently approved or extended by Legislation including any current or future California State legislative extensions available and as may be applicable from the initial tentative map approval date by which this resolution was adopted. Three years, from date of approval Planning 4. The Applicant, or Successors in Interest (hereby referred to as the Applicant), shall hold harmless the City, its Council Members, its Planning Commission, officers, agents, employees, and representatives from liability for any award, damages, costs and fees incurred by the City and/or awarded to any plaintiff in an action challenging the validity of this permit or any environmental or other documentation related to approval of this application. Applicant further agrees to provide a defense for the City in any such action. On-Going Planning Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 7 of 15 15

16 Conditions of Approval 5. 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/ Impleme ntation On-Going Enforcement/ Moni toring Planning Public Works Building Verification (date and Signature) The City Zoning Code (Title 23 of the EGMC) EGMC Chapter (Water Efficient Landscape Requirements) EGMC Title 16 (Building and Construction) 6. 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. All improvements related to water utilities infrastructure shall conform to the most current version of the EGWD Standard Construction Specifications and Standard Detail Drawings. 7. The Applicant shall pay all applicable plan check fees, impact fees, or other costs as required by the City, the Cosumnes Community Services District (CCSD), Sacramento Area Sewer District (SASD), Elk Grove Water District (EGWD), Sacramento Area Sewer District (SASD), or other agencies or services providers as established by law. On-Going On-Going Public Works SCWA SASD SMUD PG&E EGWD Planning Public Works CCSD SCWA SASD EGWD SASD 16 Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 8 of 15

17 Conditions of Approval 8. 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 Requirements of the Sacramento Metropolitan Air Quality Management District Fire permit Timing/ Impleme ntation On-Going Enforcement/ Moni toring Planning Public Works Building SMAQMD Verification (date and Signature) 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. Improvement Plans Planning 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. Improvement Plans Planning A note stating the above shall be placed on the Improvement Plans 11. Trees removed from the site as part of the Project will require mitigation consistent with Chapter (Tree Preservation and Protection) of the Elk Grove Municipal Code. Improvement Plans Planning Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 9 of 15 17

18 Conditions of Approval 12. 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 other applicable drainage master plans or studies. 13. The Applicant shall dedicate, design, and improve the internal street within the subdivision as shown on the tentative map in accordance with City of Elk Grove Improvement Standards and to the satisfaction of Public Works. 14. Identification signage issued by Public Works shall be mounted by the Applicant during streetlight installation in accordance with the approved plans 15. The developer or engineer for the project shall an electronic copy in PDF format of the improvement plans related only to the water system for review and comment. The cover sheet of the improvement plans shall include a title block for the District General Manager to approve the plans. 16. The developer/owner shall be responsible for all costs involved in the extension of any water mains or other water utilities infrastructure to serve this project as required. 17. For projects that require tying into EGWD s existing water system infrastructure, EGWD shall be responsible for cutting in tees or performing hot taps on EGWD-owned water pipes. Developer/owner shall be responsible for exposing the pipe at the tie-in point(s) prior EGWD s work. Developer/owner shall be responsible for backfilling and capping the exposed area(s) per applicable Standards after EGWD completes the tie-in(s). 18. For projects that require tying into EGWD s existing water system infrastructure, a Utility Agreement between EGWD and the developer/owner shall be executed specifying that the developer/owner reimburse EGWD for all costs related to item 4 above. EGWD shall prepare the Utility Agreement. Timing/ Impleme ntation Improvement Plan Submittal or Prior to Issuance of Grading Permit(s) Improvement Plans Acceptance of Public Improvements Improvement Plans Improvement Plans Improvement Plans Improvement Plans Enforcement/ Moni toring Public Works Public Works Public Works EGWD EGWD EGWD EGWD Verification (date and Signature) 18 Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 10 of 15

19 Conditions of Approval 19. The developer/owner shall be responsible for notifying EGWD upon the completion of installing all meter boxes and meter setters. After receiving this notification, EGWD will then bill the developer/owner the cost of meters per the most currently dated Ordinance governing the charges for water meters. After receiving full payment for the meters, EGWD shall install the meters. 20. Residential production typical home landscapes are required to meet the design and submittal requirements of the Chapter of the Elk Grove Municipal Code (Water Efficient Landscape Requirements) as well as any applicable executive orders, when the aggregate landscape area of all lots to which the production typical landscape plans apply is equal to or greater than 2,500 square feet. Production typical landscape plans shall provide a planting and irrigation layout, with calculations demonstrating compliance, for each model of house proposed in addition to at least one corner lot layout. 21. The Applicant shall submit landscape improvement plans (minimum planting, irrigation, and grading) meeting the requirements of the City's Zoning Codes, Elk Grove Design Guidelines for Residential Development, and Chapter of the Elk Grove Municipal Code (Water Efficient Landscape Requirements) and any applicable executive orders for the following: all lettered Landscape Lots, lettered Park Lots, open space lots (if improved), and any residential model home landscapes, and production typical landscapes meeting the thresholds of the WELO. 22. Existing SMUD overhead facilities are within the Project development plan. The developer shall work with SMUD to remove or relocate these facilities and for all new electric service requests. 23. To ensure adequate access to SMUD equipment, all paved surfaces shall be accessible to a 26,000 pound SMUD service vehicle in all weather. The placement of SMUD equipment shall be no further than 15 feet from said drivable surface that has a minimum width of 20 feet. Timing/ Impleme ntation Improvement Plans Improvement Plans Improvement Plans Improvement Plans Improvement Plans Enforcement/ Moni toring EGWD Planning Planning SMUD SMUD Verification (date and Signature) Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 11 of 15 19

20 Conditions of Approval 24. To maintain adequate trench integrity, building foundations must have a minimum clearance of 5 feet to a SMUD trench placed within the PUE. Developer to verify with other utilities (Gas, Telephone, etc.) for their specific clearance requirements. Final Map 25. Prior to the final map, the project area 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 and completed application 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 ance/mello_roos_cfds/ 26. Prior to the final map, the project area 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 completed application 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 lkgrove1510.html# Timing/ Impleme ntation Improvement Plans Final Map Final Map Enforcement/ Moni toring SMUD Finance Finance Verification (date and Signature) 20 Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 12 of 15

21 Conditions of Approval 27. Prior to the first of either final map or building permit, the project area 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 and completed application 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 ance/mello_roos_cfds/. 28. Prior to the final map, the project area shall annex into the Street Maintenance Assessment District No. 1, Zone 3, 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments. For further information on this District, see ance/mello_roos_cfds/assessment_other_district_information/ 29. The abandonment of a portion of right-of-way per Book , Page 793 and Book , Page 281 shall be completed prior to Final Map. 30. The Applicant shall dedicate to the City of Elk Grove, a 12.5 foot public utility easement for underground facilities and appurtenances adjacent to all public streets. 31. Prior to any Final Map approval, the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove and posting adequate security in accordance with City policy. 32. Connection to the SASD sewer system shall be required to the satisfaction of SASD. Timing/ Impleme ntation Final Map Final Map Final Map Final Map Final Map Final Map Enforcement/ Moni toring Finance Finance Public Works Public Works Public Works SASD Verification (date and Signature) Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 13 of 15 21

22 Conditions of Approval 33. In order to obtain sewer service for this project, construction of both off-site and on-site sewer infrastructure will be required. SASD Design Standards will apply to any on- and off-site sewer connection. 34. Each lot with a sewage source shall have a separate connection to the SASD s 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 SASD public sewer line. 35. Prior to the recordation of a Final Map, the Applicant shall either: Timing/ Impleme ntation Final Map Final Map Final Map Enforcement/ Moni toring SASD SASD CCSD Fire Verification (date and Signature) 1. Form or annex into an annual Mello-Roos Community Facilities District special tax for fire and emergency services; or 2. Pay an equivalent amount for fire and emergency services as determined to be the fair share owed by the Applicant to the CCSD in their sole discretion. Any costs for the approval and creation of such annual special tax, annexation of the property into a Mello-Roos Community Facilities District for the Cosumnes Community Services District, or administration of the amount deposited to fund fire and emergency services, shall be paid from the annual special taxes of the Community Facilities District or the amount deposited with the Cosumnes Community Services District. In the event that the Applicant fails to form or annex into a Community Facilities District or pay an equivalent amount as provided for herein for such purposes for the Cosumnes Community Services District, no building permits for the property shall be issued. 22 Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 14 of 15

23 Conditions of Approval Building Permit 36. Homes abutting drainages/wetlands shall be provided with noncombustible fences. 37. The Applicant shall reconstruct any damaged curb, gutter, sidewalk and/or pavement caused by construction-related activity associated with the Project. If pavement replacement is necessary, as determined by the City, the Applicant may be required to grind, overlay, and/or slurry seal the damage portion(s) in accordance with the City Improvement Standards and to the satisfaction of Public Works. The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project. 38. The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards. 39. The Final Map shall be completed, approved, and recorded prior to issuance of the 1 st Building Permit. Building permits for model homes may be issued prior to the completion of the requisite infrastructure pursuant to existing model home permit release checklist. Timing/ Impleme ntation Building Permit Building Permit Building Permit 1st Building Permit Enforcement/ Moni toring CCSD Fire Public Works Public Works Public Works/ Planning Verification (date and Signature) Planning Commission Resolution Resolution September 17, 2015 Emerald Park Estates (EG ) Page 15 of 15 23

24 CULTURAL RESOURCE ASSESSMENT FOR THE EMERALD PARK ESTATES PROJECT, CITY OF ELK GROVE, SACRAMENTO COUNTY, CALIFORNIA Prepared by Peak & Associates, Inc Park Drive, Suite 20 PMB 329 El Dorado Hills, CA (916) Prepared for PMC 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA May (Job #15-017) 24

25 INTRODUCTION The focus of the study was the identification of any prehistoric or historic period resources present in the project area that could be affected by the proposed project, as well as the evaluation of the existing residence at 9815 Emerald Park Drive previously recorded within the project area. The approximately 3.25-acre proposed project area is located south of Elk Grove Boulevard, east of Elk Grove-Florin Road, and west of the Union Pacific Railroad tracks. The project area is located immediately adjacent to Emerald Park Drive to the west, a tributary canal to Elk Grove Creek to the north and existing single family homes on all sides. The property is assessor s parcel number The project area is located in the northeast quarter of southwest section 6, Township 6 North Range 6 East, mapped on the Elk Grove USGS topographic quadrangle (Figure 1). The tentative subdivision map proposes to subdivide the subject parcel into sixteen single family parcels averaging 63 feet wide. Melinda Peak (resume, Appendix 1) served as principal investigator for the project, with Robert Gerry completing the field survey of the project area and updating the site form in April STATE REGULATIONS State historic preservation regulations affecting this project include the statutes and guidelines contained in the California Environmental Quality Act (CEQA; Public Resources Code sections and and sections and (b) of the CEQA Guidelines). CEQA Section requires that lead agencies determine whether projects may have a significant effect on archaeological and historical resources. Public Resources Code Section further cites: A project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment. An historical resource includes, but is not limited to, any object, building, structure, site, area, place, record or manuscript that is historically or archaeologically significant (Public Resources Code section ). Advice on procedures to identify such resources, evaluate their importance, and estimate potential effects is given in several agency publications such as the series produced by the Governor s Office of Planning and Research (OPR), CEQA and Archaeological Resources, 1 25

26 26 Figure 1

27 1994. The technical advice series produced by OPR strongly recommends that Native American concerns and the concerns of other interested persons and corporate entities, including, but not limited to, museums, historical commissions, associations and societies be solicited as part of the process of cultural resources inventory. In addition, California law protects Native American burials, skeletal remains, and associated grave goods regardless of the antiquity and provides for the sensitive treatment and disposition of those remains (California Health and Safety Code Section , California Public Resources Codes Sections et al). The California Register of Historical Resources (Public Resources Code Section 5020 et seq.) The State Historic Preservation Office (SHPO) maintains the California Register of Historical Resources (CRHR). Properties listed, or formally designated as eligible for listing, on the National Register of Historic Places are automatically listed on the CRHR, as are State Landmarks and Points of Interest. The CRHR also includes properties designated under local ordinances or identified through local historical resource surveys. For the purposes of CEQA, an historical resource is a resource listed in, or determined eligible for listing in the California Register of Historical Resources. When a project will impact a site, it needs to be determined whether the site is an historical resource. The criteria are set forth in Section (a)(3) of the CEQA Guidelines, and are defined as any resource that does any of the following: Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; Is associated with the lives of persons important in our past; Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or Has yielded, or may be likely to yield, information important in prehistory or history. In addition, the CEQA Guidelines, Section (a)(4) states: The fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to section (k) of the Public Resources Code), or identified in an historical resources survey (meeting the criteria in section (g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code section (j) or

28 California Health and Safety Code Sections , 7051, And 7054 These sections collectively address the illegality of interference with human burial remains, as well as the disposition of Native American burials in archaeological sites. The law protects such remains from disturbance, vandalism, or inadvertent destruction, and establishes procedures to be implemented if Native American skeletal remains are discovered during construction of a project, including the treatment of remains prior to, during, and after evaluation, and reburial procedures. California Public Resources Code Section (e) This law addresses the disposition of Native American burials in archaeological sites and protects such remains from disturbance, vandalism, or inadvertent destruction. The section establishes procedures to be implemented if Native American skeletal remains are discovered during construction of a project and establishes the Native American Heritage Commission as the entity responsible to resolve disputes regarding the disposition of such remains. CULTURAL HISTORY Archeological Background The Sacramento Delta was one of the first regions in California to attract intensive archeological fieldwork. Between 1893 and 1901, avocational archeologist J. A. Barr excavated many prehistoric mounds in the Stockton area. He collected nearly 2000 artifacts during the course of his investigations. H. C. Meredith was another avocational archeologist of the period who pursued collecting in the same Stockton locality. Meredith (1899, 1900) did publish a compilation of his own and Barr's findings, and these appear to constitute the earliest accounts of Delta archeology. Holmes (1902), from the Smithsonian Institution, further elaborated on the Delta or "Stockton District" archeology, presenting illustrations of artifacts collected by Meredith and Barr. It was Elmer J. Dawson who first recognized culture changes through time in delta archeology. Though he was an amateur archeologist, Dawson understood the necessity of keeping accurate notes on grave associations and provenience of artifacts. He collaborated with W. E. Schenck to produce an overview of northern San Joaquin Valley archeology (Schenck and Dawson 1929). The overview contained information on more than 90 prehistoric sites as well as data on previous collectors. 4 28

29 By 1931, the focus of archeological work was directed toward the Cosumnes River locality, where survey and exploration were conducted by Sacramento Junior College (Lillard and Purves 1936). Excavations, especially at the stratified Windmiller mound (CA-SAC-107), suggested three temporally distinct cultural traditions: Early, Transitional, and Late. Information grew as a result of excavations at other mounds in the Delta and lower Sacramento Valley by Sacramento Junior College and the University of California, Berkeley. Previous investigations in the project region have focused upon very detailed archival research of Spanish sources (Bennyhoff 1977), and the archeological investigations at a number of small sites (Schulz et al. 1979; Schulz and Simons 1973; Soule 1976). A reexamination of earlier work has also been undertaken (Ragir 1972; Schulz 1981; Doran 1980). Several of the previously investigated sites probably represent satellite encampments or small villages associated with major villages. The majority of the sites appear to be relatively late in time, and probably represent Plains Miwok. As mentioned above, the sites appear to be satellite encampments or small villages. The activities practiced are varied, but detailed studies on the faunal collection suggest seasonality of occupation and a focus on fish species other than the main channel varieties. Writing the definitive summary of California archeology, Moratto (1984: ) devoted an entire chapter to linguistic prehistory. For the Central Valley region, Moratto points out that some Early Horizon and Middle Horizon central California archeological sites appear at least in part, contemporaneous, based on existing radiocarbon dates. Cultural materials recovered from CA-SJO- 68, an Early Horizon site, are thought to date to 4350±250 B.P or 2350 B.C. On the other hand, a Middle Horizon component at CA-CCO-308 dates to 4450±400 B.P. or 2450 B.C. The antiquity of other Early and Middle Horizon sites demonstrate an overlap of the two horizons by a millennium or more. One explanation proposes that the Middle Horizon represents an intrusion of ancestral Miwok speaking people into the lower Cosumnes, Mokelumne, and Sacramento River areas from the Bay Area. The Early Horizon may represent older Yokuts settlements or perhaps the speakers of an Utian language who were somehow replaced by a shift of population(s) from the Bay. Ethnological Background The Eastern Miwok represent one of the two main divisions of the Miwokan subgroup of the Utian language family (Levy 1978:398). The Plains Miwok, one of five separate cultural and linguistic groups of the Eastern Miwok, occupied the lower reaches of the Mokelumne, Cosumnes and Sacramento Rivers including the area of south Sacramento County surrounding the project area. 5 29

30 Linguistic studies and the application of a lexicostatistic model for language divergence suggest that Plains Miwok was a distinct linguistic entity for the last 2000 years (Levy 1970). This result led researchers such as Richard Levy (1978:398) to conclude that the Plains Miwok inhabited the Sacramento Delta for a considerable period of time. The political organization of the Plains Miwok centered on the tribelet. Tribelets were comprised of 300 to 500 individuals (Levy 1978:410). Each tribelet was thought to control a specific area of resources and usually consisted of several villages or hamlets. Each tribelet also was divided along lineages. These lineages were apparently localized to a specific geographic setting and most likely represented a village site and their associated satellite sites where the seasonal collection of resources occurred (Levy 1978: ). Descent was reckoned through males. Each settlement apparently contained roughly 21 individuals according to data collected by Gifford (Cook 1955:35). The diet of the Plains Miwok emphasized the collection of floral resources such as acorns, buckeye, digger pine nuts, seeds from the native grasses and various fresh greens. Faunal resources such as tule elk, pronghorn antelope, deer, jackrabbits, cottontails, beaver, gray squirrels, woodrats, quail and waterfowl were hunted. Fishing, particularly salmon and sturgeon, contributed significantly to the Plains Miwok diet (Levy 1978: ). The primary method of collecting fish was by nets, but the use of bone hooks, harpoons and obsidian-tipped spears is also known ethnographically (Levy 1978:404) Both twined and coiled basketry were manufactured by the Eastern Miwok. The uses of baskets included the collection and storage of seeds, basketry cradles and gaming (Levy 1978:406). Tule mats were also known to have been used by the Plains Miwok primarily as a floor covering. Other uses of tule included the manufacture of the tule balsa, a water craft in which native people navigated and exploited adjacent Delta and major river systems. Four main types of structures were known among the Eastern Miwok, depending on the environmental setting. In the mountains, the primary structure was a conical structure of bark slabs. At lower elevations the structures consisted of thatched structures, semi-subterranean earth-covered dwellings and two types of assembly houses used for ceremonial purposes (Levy 1978: ). Bennyhoff (1977:11) characterized the Plains Miwok as intensive hunter-gatherers, with an emphasis upon gathering. The seasonal availability of floral resources defined the limits of the group's economic pursuits. Hunting and fishing subsistence pursuits apparently accommodated the given distribution of resources. The Plains Miwok territory covered six seasonally productive biotic communities and as such native people could apparently afford to pick and choose the resources they ranked highest from each of these zones. The subsequent storage of floral resources (such as acorns in granaries) allowed for a more stable use of the resource base (Bennyhoff 1977:10). The 6 30

31 acorn was apparently the subsistence base needed to provide an unusually productive environment as earlier non-acorn using peoples who resided in the same geographic setting apparently suffered some seasonal deprivation (Schulz 1981). Such an emphasis upon the gathering of acorns is consistent with the population increase evident during the Upper Emergent Period in California (Doran 1980). The study of piscine (fish) remains from both CA-SAC-65 (Schulz et al. 1979) and CA-SAC-145 (Schulz n.d.; Schulz and Simons 1973) indicates that small villages away from the major rivers appear to concentrate on the collection of piscine species (particularly the Sacramento perch) that inhabited slow-moving waters. Historical Background The name of Elk Grove was originally applied to a spot about a mile away from the eventual location of the town. James Hall built a hotel there in 1850 and named it after his home town in Missouri. This hotel burned down in The eventual site of Elk Grove was on the ranch of Major James Buckner, who also built a hotel on the site in The hotel was owned successively by Buckner, Phineas Woodward, Mrs. Jared Erwin, and Nicholas Christophel (Davis 1890:243). The site did not really become a town until after the railroad was constructed. A farmer named Everson saw potential commercial opportunities for a town at this location, but none of the residents, including Everson, had the money available to construct the necessary buildings. Everson persuaded the citizens to pool their money to form the Elk Grove Building Company in The profits from the first building, the Chittenden and Everson general merchandise store, fueled further construction which, in turn, brought in merchants from outside the area. Only four years later, the town boasted the original general store and one other, two hotels, a flouring mill, the railroad depot, a hardware store, a meat market, a furniture factory, two drug stores, a harness shop, a grain and hay warehouse, a dressmaking shop, two millinery shops, a boot shop, a wagon factory and a blacksmith (Thompson and West 1880:234). The town continued to grow, first as a commercial center for the farmers in the area and recently as a suburban residential zone for greater Sacramento. The City of Elk Grove incorporated in 2000, and the City has grown to become an important economic power in the region. 7 31

32 Project Area Historical Context Early Land Ownership Melvina Clinton Spaulding is born in 1830 in New York to Alexander and Margaret (Balfour) Clinton. Margaret, a native of Scotland is born in Her first husband is Josiah Webb Polhemus ( ). She has one son with him: Cornelius Balfour Polhemus ( ). In 1827, she married Alexander Clinton, born By 1850, the family had moved to Milton, Rock County, Wisconsin, with the parents and six children, ages 4 to 26, including Cornelius Polhemus (Federal Census 1850). In 1860, the family is in the Elk Grove area, with Alexander, Margaret and Melvina in the household (Federal Census 1860). Melvina Clinton reportedly marries Josiah Spaulding (b. 1829) on July 2, 1863 (Ancestry.com: unsourced family tree). She has a daughter, Mary Frances Frankie Spaulding in 1864, with her husband dying the same year. He may have been the Josiah R. Spaulding that was born in N.H. and was in CA in Georgetown by He is running a hotel in Georgetown in 1860, with his brother staying at the hotel. In 1861, he became postmaster in Garden Valley. Alexander Clinton Senior and son Alexander Clinton Junior worked in Garden Valley as carpenters in El Dorado County in 1866, and registered to vote in that county. The following year, both Clintons were back in the Elk Grove area, registering to vote in Sacramento County. In 1870, Melvina lives with her daughter, her brother Alexander Clinton and parents in a single household. Her father is listed as an invalid (Federal Census 1870). Alexander Clinton Senior died at the ranch on April 22, Melvina Spaulding receives a patent in 1871 for 160 acres, the southwest quarter of section 6, Township 6 North Range 6 East (BLM). She sells the south half off to her brother, Alexander Clinton in March 1872 for $1000 (Sacramento Daily Union 16 March 1872). A biography for Alexander Clinton Junior appears in the 1880 Sacramento County history. Clinton was born in New York in 1832; the family moved to Wisconsin in 1842; then to Iowa in 1852 where he became a carpenter. In 1859, he travelled to California, settling in Garden Valley, El Dorado County. He settled in Sacramento County in 1868, working at farming and carpentry. His property and improvements were valued at $3,500. In 1880, Melvina Spaulding lived with her daughter ar th Street in Sacramento. The Spauldings lived with the Burgess family Titus K. Burgess was married to Melvina s sister, Margaret Frances, and worked at a stable. In 1860, the couple had lived on property adjacent to 8 32

33 the Clinton/Spaulding family in the San Joaquin Township near Elk Grove. Burgess was also involved in a land case with the General Land Office regarding the 160 acres including the project area that Melvina Spaulding later acquired (Sacramento Daily Union 31 March 1870). In 1880, Margaret Clinton lived with her son Alexander, on the 80 acres to the south of the project area. He may have farmed his 80 acres as well as the land to the north still owned by his sister. The 1885 Official County map show Spaulding as the owner of the north half of the southwest quarter of section 6 (Township 6 North Range 6 East) that includes the project area. Her brother, Alexander Clinton still owned the 80 acres due south of his sister. Mary Frances Spaulding Melvina Spaulding died in 1887, and is buried in Elk Grove. She died intestate, and the project property was awarded to her daughter, Mary Frances Spaulding, also known as Frankie Spaulding (Probate Court Book : 14). Her daughter continued to live in Sacramento and worked as a school teacher at the Lincoln School (Federal census 1900: Sacramento City Directories 1900, ). Her cousin, May Burgess, also a school teacher, lived with her in 1900 (Federal Census 1900). Margaret Clinton dies in 1895; Alexander Clinton dies in His land appears to have been sold or deeded to the Polhemus family (Official County Map 1903). From all indications, the Clinton and Spaulding family home was on his property, the 80 acres south of the project area. In 1900, Mary F. Spaulding s property was valued at$1,820, with a total value of $100 in improvements. It is clear that no residential building was present within the project area or elsewhere on the 80 acre holding (Sacramento County Tax Assessment Roll 1900). In 1903, the 80 acres that includes the project area was deeded by Mary F. Spaulding to her cousins Margaret Chalmers, Mary Maddux, Nellie Polhemus, Sempronia Polhemus, and Harriet Coons Sacramento County Book :234). All of the women were daughters of Cornelius Polhemus, who was the half-brother of Malvina Spaulding. The Lowes The various cousins deeded the property to Harry Coons, husband of their sister Harriet Coons in August 1904 (Book : 389). Harry and Harriet Coons then sold the eastern 40 acres of the land that would include the project area to Thomas P. Lowe on December 9, 1905 (Book :126). Lowe and his wife lived on the southeastern side of the Cosumnes River, about seven miles from Elk Grove. Lowe was born in Missouri in 1845; came to California in 1853; and settled in Sacramento County in He married Emma Jenkins in 1872, and had a

34 acre ranch. The Lowes had a son and a daughter (Thompson and West 1880:266) As they aged, they may have wished to live closer to the town of Elk Grove. The 1910 Federal census indicates that the couple lived in a home on the property, with several boarders, including daughter Mary and her husband. Their names are given incorrectly in the census, and the couple is Herbert and Mary Hunt. The couple had been married in 1907 (Sacramento Bee 4 April 1955). From the historical documentation, it appears that the residence on the site was built in about 1906 by Thomas Lowe. The Elk Grove USGS topographic issued in 1909 based on a 1907 survey shows a building at the location in the house, narrowing down the date of construction. In November 1910, Thomas Lowe deeded the residence and property to his wife Emma (Book :492). Thomas Lowe dies in Emma Lowe sells the property and house to his son-in-law, Herbert C. Hunt, in 1919, already resident in the home with wife Mary (Book :326). The 1912 Sacramento County Tax Assessment Roll lists Thomas Lowe as the land owner, with the 40 acres of land valued at $1,200 and the improvements on the land the residence, any other buildings and fences at $1,500. The Hunts In 1920, Herbert C. and Mary A. Hunt lived on the property (Federal Census 1920). In 1930, there were still at the house, with her mother Emma Lowe and her sister Lucy Lowe in the household (Federal Census 1930). Emma Lowe died in 1935, and Herbert, Emma and her sister Lucy Lowe Elliot continued to live in the home until at least 1940 (Federal Census 1940). Herbert Hunt had grape, plum and peach orchards on the property, but in his later years, was a walnut grower. He died at his home in 1955 (Sacramento Bee 4 April 1955). Mary Hunt passed away in 1961 (Sacramento Bee 28 March 1961). At some point in the 1960s or early 1970s, Lindbergh Low became the owner of the 40 acre tract of land. Low was an engineer who never lived in the residence, but lived at various times in Sacramento, Eureka, Woodland Hills, and San Francisco (Various Sacramento County directories, Ancestry.com). He divided the property into ten acre parcels in George and Shirley Parenteau acquired the parcel containing the house, Parcel 2, in about Parcels 1and 3 were developed in 1980 as Emerald South Estates. Parcel 4 was developed on 1981 as part of Casa Grande South Unit No. 2. Parcel 2 was partially developed in 1987, with 20 lots created

35 RESEARCH Records of previously recorded cultural resources and cultural resource investigations were examined by the North Central Information Center of the California Historical Resources Information System on April 10, 2015(NCIC File No.: SAC-15-68, Appendix 2). The property hasnever been formally surveyed. No prehistoric sites have been recorded on or near the property. The City of Elk Grove provided a DPR Primary Record for the building complex on the property, recorded in 2014 by ICF International. The complex was identified as the Hunt Family Residence, thought to have been built in 1900 (Appendix 3). The research for the historic context and land use history was conducted at the Center for Sacramento History, the California Room of the California State Library, the Sacramento County Recorder s office and through on-line sources. Sources used include County maps, General Land Office maps and records, federal census records, Sacramento County directories, deeds, newspapers, tax assessment maps and books, and County histories. FIELD SURVEY On April 16, 2015, Robert Gerry completed a field survey of the southern portion of the property, using complete coverage (transects no wider than 5 meters). He also used a metal detector and scraped surface soils to check for any evidence of a pit or trash deposit behind the residence. No evidence of a pit or deposit was located, nor was any evidence of prehistoric period resources. Gerry also photographed the residence for an addendum to the DPR form (Appendix 3). Formerly there were several outbuildings, including a garage, barn and storage sheds. The field inspection of the property identified all of these locations. A metal detector survey resulted in a lot of hits in the former structure locations, but all were shallow and of recent age. There is no evidence of foundations or any substructures. There were no concentrations of artifacts anywhere. The only features still standing above ground are a large power pole, a stand pipe from a water cistern and a small water tank. The Lowe House The property at 9815 Emerald Park Drive is situated on the east side of Emerald Park Drive, between Plaza Park Drive and Victory Way. The parcel contains one residence and, formerly, 11 35

36 three ancillary buildings and related features. Its setting is still predominantly rural, even though it is surrounded by residential subdivisions, because the heavy tree cover in the parcel limits visibility of the nearby houses. Because of the mature and overgrown landscaping, visibility of the property from the public right-of-way to the west is also limited. This residence was built in circa 1906 and first appears on the USGS Topographic Map for Elk Grove in The building is a 1½ story, wood-framed residence. It is a vernacular example of the American Foursquare style, a branch of the Prairie type of residential architecture. Features of the construction include horizontal wood drop siding, hipped roof, and a hipped dormer is located on the north (front) elevation. Because the house is 1½ story, the main living area is well above ground level and the front entry is approached by a twelve step central stairway. This leads to a porch on the western two thirds of the front elevation covered by the main roof supported by round columns. The eastern side is occupied by a bay window. Windows are now boarded up, but the wide, wood board casings are still apparent. The house has a rectangular ground plan and a hipped roof clad with composite shingles. Portions of the roof where leaks have developed are covered in plastic sheeting. The sides of the building are generally plain except for windows. It is not clear what the original south elevation looked like because a full width porch has been added to the upper (main) level with a stairway to ground level. On the ground level are two additional entrances, now boarded up. The whole would be a deteriorated but still a fair example of the American Foursquare except for the 1½ story style and the bay window on the front elevation, which is seriously out of character for this style which emphasizes horizontal lines and symmetry. EVALUATION OF THE LOWE HOUSE The previous recordation in 2014 included the building complex, the residence, a barn and two other buildings. The residential building was thought to be a potentially eligible property since it was related to the theme of agriculture in the area. The residence/barn complex may have represented some agricultural connection and was believed to be important on that basis. With the removal of the barn and outbuildings in the last year and the development of the surrounding lands of the former forty acre holding over the past twenty to thirty years, the residential building fails to convey any connection with agriculture. Now, it is simply a residential building on a large lot, surrounded by modern neighborhoods

37 The building on the property is the Lowe residence, built by Thomas Payne Lowe in Lowe had a large property along the Cosumnes River about seven miles east of Elk Grove, but chose to purchase this property closer to town in His son-in-law was Herbert Hunt, who acquired the property in The Hunts were long term residents, with Herbert primarily an orchardist, raising fruit trees and later walnuts. There is no record of any important events occurring at the site. The house was built on a forty acre parcel that was used for orchards; the land has been subdivided for development and has not been in agricultural use for the past 40 years. The residence is not eligible for the California Register under Criterion 1. Neither Thomas Lowe nor Herbert Hunt were important individuals in the history of Elk Grove. The previous recorder of the residence was unable to find any information on the Hunts, and was unaware of the Lowes, suggesting neither family was well-known in the community. The residence is not eligible for the California Register under Criterion 2. The residential building is a vernacular style, a version of the American Foursquare style, a popular form for residences in the years of It does not reflect the normal form of this building and is not a good representative of the style. This residence is not eligible for the California Register under Criterion 3. A check of the project area for the presence of archeological deposits was completed. No evidence was found of subsurface materials that might add to our knowledge of the residents of the house through the controlled excavation of the deposits or features. The residence is not eligible for the California Register under Criterion 4. CONCLUSIONS Prehistoric Period Resources No evidence of prehistoric period resource has been found in or near the property. The project area lies on a flat open plain not close to any natural water source. Campsites and villages would more likely be located near the larger, more reliable water sources such as the Cosumnes River. As a result, it is possible that the Native American inhabitants of the region used the Project site for collecting plant foods and for hunting, but such activities leave little physical evidence

38 The Lowe House The building is not eligible for the California Register of Historical Resources. It has been recorded, and the DPR forms will be filed with the North Central Information Center. RECOMMENDATIONS Although no prehistoric sites were found during the survey, there is a slight possibility that a site may exist and be totally obscured by vegetation, fill, or other historic activities, leaving no surface evidence. Should artifacts or unusual amounts of stone, bone, or shell be uncovered during construction activities, an archeologist should be consulted for on-the-spot evaluation of the finding. If the bone appears to be human, state law requires that the Sacramento County Coroner be contacted. If the Coroner determines that the bone is human and is most likely Native American in origin, he must contact the Native American Heritage Commission ( )

39 BIBLIOGRAPHY Armstrong, Lance 2007 Echoes of Yesterday Elk Grove: An Inside View of Historic Sites. Regent Press, Oakland. Beardsley, Richard K Temporal and Areal Relationships in Central California Archeology (parts 1 and 11). University of California Archaeological Survey Reports 24, 25. Berkeley. Bennyhoff, James A Ethnogeography of the Plains Miwok. University of California, Davis Publications 5. Davis. Bennyhoff, James A. and Richard E. Hughes 1983 Shell Beads and Ornaments from Gatecliff Shelter, Nevada: Variability in Marine Shell Exchange in the Western Great Basin. American Museum of Natural History Anthropological Papers 59: Shell Beads and Ornament Exchange Networks between California and the Great Basin. In The Archaeology of Monitor Valley, 5: Regional Synthesis and Implications, by David H. Thomas. Anthropological Papers of the American Museum of Natural History. New York. California Department of Parks and Recreation 1976 California Inventory of Historical Resources. Department of Parks and Recreation, Sacramento California Historic Landmarks. Department of Parks and Recreation, Sacramento. Cook, Sherburne F The Epidemic of in California and Oregon. University of California Publications in American Archaeology and Ethnology 43(3): Berkeley. Davis, Winfield J An Illustrated History of Sacramento County, California. Lewis Publishing Company, Chicago

40 Doran, G Paleodemography of the Plains Miwok Ethnolinguistic Area, Central California. Unpublished Ph.D. dissertation, Department of Anthropology, University of California, Davis. Fredrickson, David A Early Cultures of the North Coast Ranges, California. Unpublished Ph.D. dissertation, Department of Anthropology, University of California, Davis. Holmes, W.H Anthropological Studies in California. Smithsonian Institution, Report of the U.S. National Museum for 1900, pp Washington, D.C. Levy, Richard S Miwok-Costanoan Lexicostatistics. Ms. in author's possession Eastern Miwok. In California, edited by Robert F. Heizer, pp Handbook of North American Indians, vol. 8, William G. Sturtevant, general editor. Smithsonian Institution, Washington, D.C. Lillard, Jeremiah B., Robert F. Heizer and Franklin Fenenga 1939 An Introduction to the Archaeology of Central California. Sacramento Junior College, Department of Anthropology Bulletin 2. Sacramento. Lillard, Jeremiah B. and William K. Purves 1936 The Archeology of the Deer Creek-Cosumnes Area, Sacramento County, California. Sacramento Junior College, Department of Anthropology Bulletin 1. Sacramento. Moratto, Michael J California Archaeology. Academic Press, New York. Ragir, Sonia 1972 The Early Horizon in Central California Prehistory. University of California Research Contributions 15. Berkeley. Schenck, W. Egbert and Elmer Dawson 1929 Archeology of the Northern San Joaquin Valley. University of California Publications in American Archeology and Ethnology 25(4): Berkeley

41 Schultz, Peter D Osteoarchaeology and Subsistence Change in Prehistoric Central California. Unpublished Ph.D. dissertation, Department of Anthropology, University of California, Davis. Schulz, Peter, D. Abels and Eric Ritter 1979 Archeology of the Johnson Site (CA-Sac-65), Sacramento County, California. California Department of Parks and Recreation, Archaeological Reports 18:1-31. Schulz, Peter and Dwight Simons 1973 Fish Species Diversity in a Prehistoric Central California Indian Midden. California State Department of Fish and Game 59(2): Sacramento. Soule, William E Archeological Excavations at CA-SAC-329 near Walnut Grove, Sacramento County, California. Ms. on file, North Central Information Center, California State University, Sacramento. Thompson & West 1880 History of Sacramento County, California. Thompson & West, publishers, Oakland. Reprinted by Howell-North, Berkeley,

42 APPENDIX 1 Resumes 18 42

43 PEAK & ASSOCIATES, INC. RESUME MELINDA A. PEAK January 2015 Senior Historian/Archeologist 3941 Park Drive, Suite 20 #329 El Dorado Hills, CA (916) PROFESSIONAL EXPERIENCE Ms. Peak has served as the principal investigator on a wide range of prehistoric and historic excavations throughout California. She has directed laboratory analyses of archeological materials, including the historic period. She has also conducted a wide variety of cultural resource assessments in California, including documentary research, field survey, Native American consultation and report preparation. In addition, Ms. Peak has developed a second field of expertise in applied history, specializing in sitespecific research for historic period resources. She is a registered professional historian and has completed a number of historical research projects for a wide variety of site types. Through her education and experience, Ms. Peak meets the Secretary of Interior Standards for historian, architectural historian, prehistoric archeologist and historic archeologist. EDUCATION M.A. - History - California State University, Sacramento, 1989 Thesis: The Bellevue Mine: A Historical Resources Management Site Study in Plumas and Sierra Counties, California B.A. - Anthropology - University of California, Berkeley RECENT PROJECTS Ms. Peak completed the cultural resource research and contributed to the text prepared for the DeSabla-Centerville PAD for the initial stage of the FERC relicensing. She also served cultural resource project manager for the FERC relicensing of the Beardsley-Donnells Project. For the South Feather Power Project and the Woodleaf-Palermo and Sly Creek Transmission Lines, her team completing the technical work for the project. In recent months, Ms. Peak has completed several determinations of eligibility and effect documents in coordination with the Corps of Engineers for projects requiring federal permits, assessing the eligibility of a number of sites for the National Register of Historic Places. She has also completed historical research projects on a wide variety of topics for a number of projects including the development of navigation and landings on the Napa River, farmhouses dating to the 1860s, bridges, an early roadhouse, Folsom Dam and a section of an electric railway line. In recent years, Ms. Peak 19 43

44 has prepared a number of cultural resource overviews and predictive models for blocks of land proposed for future development for general and specific plans. She has been able to direct a number of surveys of these areas, allowing the model to be tested. She served as principal investigator for the multi-phase Twelve Bridges Golf Club project in Placer County. She served as liaison with the various agencies, helped prepare the historic properties treatment plan, managed the various phases of test and data recovery excavations, and completed the final report on the analysis of the test phase excavations of a number of prehistoric sites. She is currently involved as the principal investigator for the Clover Valley Lakes project adjacent to Twelve Bridges in the City of Rocklin, coordinating contacts with Native Americans, the Corps of Engineers and the Office of Historic Preservation. Ms. Peak has served as project manager for a number of major survey and excavation projects in recent years, including the many surveys and site definition excavations for the 172-mile-long Pacific Pipeline proposed for construction in Santa Barbara, Ventura and Los Angeles counties. She also completed an archival study in the City of Los Angeles for the project. She also served as principal investigator for a major coaxial cable removal project for AT&T. Additionally, she completed a number of small surveys, served as a construction monitor at several urban sites, and conducted emergency recovery excavations for sites found during monitoring. She has directed the excavations of several historic complexes in Sacramento, Placer and El Dorado Counties. Ms. Peak is the author of a chapter and two sections of a published history (1999) of Sacramento County, Sacramento: Gold Rush Legacy, Metropolitan Legacy. She served as the consultant for a children s book on California, published by Capstone Press in 2003 in the land of Liberty series

45 PEAK & ASSOCIATES, INC. RESUME ROBERT A. GERRY January 2015 Senior Archeologist 3941 Park Drive, Suite 20, #329 El Dorado Hills, CA (916) PROFESSIONAL EXPERIENCE Mr. Gerry has forty years of extensive experience in both the public and private sectors. He has directed all types of cultural resource-related projects, including field survey, test excavations, data recovery programs, intensive archival research, cultural resource management and monitoring. He has completed archeological work in most cultural areas of California and in the western Great Basin. EDUCATION Graduate studies - Anthropology - California State University, Sacramento B.A. - Anthropology - University of Illinois, Chicago Circle RECENT PROJECTS Mr. Gerry was field director for a cultural resources survey of the Diamond Valley Project in Alpine County, California. The project involved an overview and survey of an extensive plan area, recording and evaluation of resources and presenting the results to local Native Americans and helping to conduct a field tour with them. He also directed field survey of the Van Vleck Ranch, a large property in Sacramento County being put into a conservation easement. He has conducted surveys throughout California related to low income housing development. He was field director and primary report writer on several linear surveys of considerable length-- including the San Joaquin Valley Pipeline (157 miles) for Shell Oil, the Point Arena-Dunnigan fiber optic cable (137 miles) and the Medford, Oregon, to Redding, California fiber optic cable (151 miles), the Oregon and Idaho portions of the Spokane to Boise fiber optic cable, and the San Bernardino to San Diego fiber optic cable, for American Telephone & Telegraph Company. He also assisted on the 170 mile Pacific Pipeline survey on the southern coast of California and conducted several surveys of water pipelines in Riverside County for Eastern Municipal Water District: La Sierra pipeline, Perris Valley, Pico Rivera, Temecula, San Jacinto and their entire recycled water project. Follow-up projects involved well sites, pump stations and other infrastructure improvements

46 Mr. Gerry supervised the cultural resources assessments and participated in all field surveys for the studies of water supply facilities for seven wildlife refuges in the Sacramento and San Joaquin Valleys. He has also developed a specialty in bridge replacement evaluations, completing five such studies in Tuolumne County, two in Santa Barbara County, two in Amador County and ten others in various areas of California. Mr. Gerry has had extensive experience in the recording and evaluation of mining sites in northern California and Nevada for proposed mining undertakings as well as in the course of survey for proposed subdivisions, reservoirs, and other development projects. Mr. Gerry has directed test excavations for evaluation of significance at a number of sites, both historic and prehistoric. Examples include CA-NAP-261, twelve sites on Naval Petroleum Reserve No. 1, three sites on Russell Ranch in Sacramento County, a midden site near Guinda and a village known through ethnographic literature in Murphys. He conducted test excavations at a known village site adjacent to a quarry in Yolo County to insure it would not be impacted by expanded quarrying. In the field of historical resources, Mr. Gerry has prepared site records and significance evaluations for numerous historical buildings throughout California. The bulk of these have been single family residences, but industrial, commercial and multi-family residences were also included. He has also directed excavations for evaluation of historical archeological potential and monitored construction work in areas of known historical sensitivity

47 APPENDIX 2 Record Search 23 47

48 California Hislorical Resources lnformation System MOMTffi GEMTMAT [[rf0mffiat[0m 8EffiTEM AMAOOR EL OOR,AOO NEVADA PLACER SACRAMENTO YUEA Calilornia State University. Sacramento 6000 J Street, Foisom Hall, Suite 2042 Sacramento, California phone: (S16) fax: (916) l ncic@caus.edu 4tr0t20r5 NCIC File No.: SAC Neal Neuenschwander Peak & Associates 3161 Godman Avenue Chico, Cl'95973 Re: Emerald Park Estates The North Central Inforrnation Center received your record search request for the project area referenced above, located on the Elk Grove USGS 7.5' quad. The following reflects the results of the records search for the project area and a 500-foot radius: As indicated on the data request form, the locations of resources and reports are provided in the following format: E custom GIS maps n shapefiles E hand-drawn maps Resources within search area: none Renorts within search area: BB Resource Database Printout (list): n enclosed n not requested tr nothing listed Resource Database Printout (details): n enclosed X not requested n nothing listed Resource Digital Database Records: n enclosed E not requested n nothing listed Report Database Printout (list): X enclosed n not requested I nothing listed Report Database Printout (details): n enclosed X not requested tr nothing listed Report Digital Database Records: n enclosed E not requested! nothing listed Resource Record Copies: n enclosed n not requested X nothing listed 48 Report Copies: n enclosed E not requested E nothing listed

49 OHP Historic Properties Directorv: Archaeolosical Determinations of Elisibilitv: CA Inventorv of Historic Resources (1976): x x X enclosed enclosed enclosed n n n not requested n nothing listed not requested n nothing listed not requested tr nothing listed Caltrans Bridge Survev: n enclosed E not requested n nothing listed Ethnographic Information : n enclosed X not requested n nothing listed Historical Literature: [] enclosed X not requested n nothing listed Historical Maps: E enclosed [J not requested tr nothing listed Local Inventories: n enclosed n not requested tr nothing listed GLO and/or Rancho Plat Maps: E enclosed n not requested n nothing listed Shipwreck Inventory: n enclosed X not requested n nothing listed Soil Survev Maps: fl enclosed X not requested E nothing listed Please forward a copy of any resulting repofis from this project to the office as soon as possible. Due to the sensitive nature of archaeological site location data, we ask that you do not include resource location maps and resource location descriptions in your report if the reporl is for public distribution. If you have any questions regarding the results presented herein, please contact the office at the phone number listed above. The provision of CHRIS Data via this records search response does not in any way constitute public disclosure of records otherwise exempt from disclosure under the California Public Records Act or any other law, including, but not limited to, records related to archeological site information maintained by or on behalf of, or in the possession of, the State of California, Department of Parks and Recreation, State Historic Preservation Officer, Office of Historic Preservation, or the State Historical Resources Commission. Due to processing delays and other factors, not all ofthe historical resource reports and resource records that have been submitted to the Office of Historic Preservation are available via this records search. Additional inforrnation may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. Additionally, Native American tribes have historical resource information not in the Califomia Historical Resources Information System (CHRIS) Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts. Should you require any additional inforrnation for the above referenced project, reference the record search number listed above when making inquiries. Requests made after initial invoicing will result in the preparation ofa separate invoice. Sincerely, Nathan Hallam C oordinator, North C entral Information C enter 49

50 50 Emerald Park Estates

51 APPENDIX 3 The Lowe House DPR Forms 27 51

52 52

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54 State of California - The Resources Agency Primary #: DEPARTM ENT OF PARKS AND RECREATION HRI #: BUILDING, STRUCTURE, AND OBJECT RECORD Page 1 of 5 *NRHP Status Code: Resource Name or #: (assigned by recorder) Hunt Family Residence NOTE: This form and attachments are intended as a supplement to the form prepared 4/9/2014 by Margo Nayyar, ICF International. B1. Historic Nam e: initially: The Lowe Residence, followed by Hunt B2. Common Name: B3. Original Use: Residence and farm HQ B4. Present Use: Abandoned B5. Architectural Style: Vernacular example of Prairie School, American Four-square style. B6. Construction History: (Construction date, alterations, and date of alterations.) In 1900, Mary F. Spaulding owned property that included the area where this building is situated. Improvem ents for the whole property were valued at $100. Clearly, no residential building was present within the project area or elsewhere on the 80 acre holding (Sacram ento County Tax Assessment Roll 1900). In 1903, the 80 acres that includes the building were deeded by Mary F. Spaulding to her cousins Margaret Chalm ers, Mary Maddux, Nellie Polhem us, Sem pronia Polhem us, and Harriet Coons Sacram ento County Book :234). The various cousins deeded the property to Harry Coons, husband of their sister Harriet Coons in August 1904 (Book : 389). Harry and Harriet Coons then sold the eastern 40 acres of the land (that would include this property) to Thomas P. Lowe on December 9, 1905 (Book :126). Lowe and his wife Emma originally lived on the southeastern side of the Cosumnes River, about seven miles from Elk Grove, but the 1910 Federal census indicates that the couple lived in a home on this property, with several boarders, including daughter Mary and her husband, Herbert Hunt. The couple had been married in 1907 (Sacramento Bee 4 April 1955). From the historical documentation, it appears that the residence on the site was built in about 1906 by Thomas Lowe. The USGS Elk Grove topographic map issued in 1909, based on a 1907 survey, shows a building at the location in the house, narrowing down the date of construction. In Novem ber 1910, Thom as Lowe deeded the residence and property to his wife Emma (Book :492). Thomas Lowe dies in 1918 and Emma Lowe sells the property and house to his son-in-law, Herbert C. Hunt, in 1919 (Book :326). There has been relatively little modification to much of the house, but the original rear (south) elevation is now covered by an added-on full width porch on the top story with two entrances on the lower level to provide separate entries to rental flats. The interior, therefore, has been com pletely altered, since it was originally designed as a single fam ily hom e. Also the several outbuildings that once stood near the house have all been leveled. B7. Moved? No Yes Unknown Date: Original Location: B8. Related Features: Form erly there were several outbuildings, including a garage, barn and storage sheds. A field inspection of the property conducted 4/16/2015 identified all of these locations. A m etal detector survey resulted in a lot of hits in the former structure location, but all were shallow and of recent age. There is no evidence of foundations or any substructures. There were no concentrations of artifacts anywhere. The only features still standing above ground are a large power pole, a stand pipe from a water cistern and a small water tank. B9a. Architect: Unknown b. Builder: Unknown (possibly Thom as Lowe) B10. Significance: Theme Area Period of Significance Property Type Applicable Criteria (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) See attached continuation sheet. B11. Additional Resource Attributes: (List attributes and codes) B12. References: Cited above B13. Rem arks: B14. Evaluator: M. Peak, Peak & Associates, Inc. Date of Evaluation: May 2015 This space reserved for official comments. 54

55 State of California - The Resources Agency Primary #: DEPARTM ENT OF PARKS AND RECREATION HRI #: CONTINUATION SHEET Trinomial: Page 2 of 5 Resource Name or #: (assigned by recorder) Hunt Family Residence Recorded By: Gerry Date: 5/6/2015 Continuation Update Updates of primary record (2014) P2d, UTM coordinates (from USGS map): Zone 10/ me / mn P3a: current description: This residence was built in circa 1906 and first appears on the USGS Topographic Map for Elk Grove in The building is a 1½ story, wood-framed residence. It is a vernacular example of the American Foursquare style, a branch of the Prairie type of residential architecture. Features of the construction include horizontal wood drop siding and a hipped roof. A hipped dormer is located on the north (front) elevation. Because the house is 1½ story, the main living area is well above ground level and the front entry is approached by a twelve step central stairway. This leads to a porch on the western two thirds of the front elevation covered by the main roof supported by round columns. The eastern side is occupied by a bay window. Windows are now boarded up, but the wide, wood board casings are still apparent. The house has a rectangular ground plan and a hipped roof clad with composite shingles. Portions of the roof where leaks have developed are covered in plastic sheeting. The sides of the building are generally plain except for windows. It is not clear what the original south elevation looked like because a full width porch has been added to the upper (main) level with a stairway to ground level. On the ground level are two additional entrances, now boarded up. The whole would be a deteriorated but still a fair example of the American Foursquare except for the 1½ story style and the bay window on the front elevation, which is seriously out of character for this style which emphasizes horizontal lines and symmetry. P8, current recorder: Robert Gerry, Peak & Associates, Inc., 3941 Park Drive, Ste , El Dorado Hills, CA, P11, report citation: Cultural Resource Assessment for the Emerald Meadows Estates Project, City of Elk Grove, Sacramento County, California. Peak & Associates, Inc., 2015 Continuation of item B10: The residence does not fit comfortably into any well-defined historic context. The previous recording of the building was for the building complex that included a barn and two other buildings. The residential building was thought to be an eligible property since it was related to agriculture in the area, and was representative of that theme. With the development in past years of the remainder of the 40 acre tract that surrounds the residence, used by Hunt for fruit and nut production, the residence/barn complex perhaps represented vaguely some agricultural connection. With the removal of the barn and outbuildings in the last year, the residential building completely fails to convey any connection with agriculture. Now, it is simply a residential building surrounded by modern neighborhoods. The building on the property is the Lowe residence, built by Thomas Payne Lowe in Lowe had a large property along the Cosumnes River about seven miles east of Elk Grove, but chose to purchase this property closer to town in His son-in-law was Herbert Hunt, who acquired the property in The Hunts were long term residents, with Herbert primarily an orchardist, raising fruit trees and later walnuts. Continued next page. 55

56 State of California - The Resources Agency Primary #: DEPARTM ENT OF PARKS AND RECREATION HRI #: CONTINUATION SHEET Trinomial: Page 3 of 5 Resource Name or #: (assigned by recorder) Hunt Family Residence Recorded By: Gerry Date: 5/6/2015 Continuation Update B10 continued Neither Thomas Lowe nor Herbert Hunt were important individuals in the history of Elk Grove. The previous recorded of the residence was unable to find any information on the Hunts, and was unaware of the Lowes, suggesting neither family was well-known in the community. The residence is not eligible for the California Register under Criterion 1. There is no record of any important events occurring at the site. The house was built on a forty acre parcel that was used for orchards; the land has been subdivided for development and has not been in agricultural use for the past 40 years. The residence is not eligible for the California Register under Criterion 2.The residential building is a vernacular style, a version of the American Foursquare style, a popular form for residences in the years of It does not reflect the normal form of this building and is not a good representative of the style. This residence is not eligible for the California Register under Criterion 3. A check of the project area for the presence of archeological deposits. No evidence was found of subsurface materials that might add to our knowledge of the residents of the house through the controlled excavation of the deposits or features. The residence is not eligible for the California Register under Criterion 4. Current (4/16/2015) view of front of residence looking SSW: 56

57 State of California - The Resources Agency Primary #: DEPARTM ENT OF PARKS AND RECREATION HRI #: CONTINUATION SHEET Trinomial: Page 4 of 5 Resource Name or #: (assigned by recorder) Hunt Family Residence Recorded By: Gerry Date: 5/6/2015 Continuation Update Side of residence looking WSW Rear and western elevation looking NE 57

58 State of California - The Resources Agency Primary #: DEPARTM ENT OF PARKS AND RECREATION HRI #: CONTINUATION SHEET Trinomial: Page 5 of 5 Resource Name or #: (assigned by recorder) Hunt Family Residence Recorded By: Gerry Date: 5/6/2015 Continuation Update Concrete cistern, looking south Former barn location, looking NW 58

59 ATTACHMENT 3 TREE IMPACT EXHIBIT EMERALD PARK ESTATES ELK GROVE, CALIFORNIA FEBRUARY 6, 2015 REVISED JULY 10, 2015 ELK GROVE 60' (E) R/W ELK GROVE CREEK TRIBUTARY CITY OF ELK GROVE ELK GROVE VARIES ' (E) R/W EMERALD PARK DRIVE 1 BOYCE FALCON MEADOW DRIVE NEHER ' (E) R/W 5 6 HANS WAY NEHER DAHDOUH ' (E) R/W 50' (E) R/W WENGER RODRIGUEZ HUFFMAN STATHAM DEGUZMAN HO LEGEND TREE NUMBER & DIAMETER TREE TO BE REMOVED 0 TREE RECOMMENDED FOR REMOVAL 60' HOME SETBACK LINE 30' 120' CRITICAL ROOT ZONE EMERALD PARK ESTATES - TREE IMPACT EXHIBIT 59

60 Members of the Board: Beth Albiani Nancy Chaires Espinoza Carmine S. Forcina Chet Madison, Sr. Dr. Crystal Martinez-Alire Anthony Tony Perez Bobbie Singh-Allen Robert L. Trigg Education Center 9510 Elk Grove-Florin Road, Elk Grove, CA Robert Pierce Associate Superintendent Facilities and Planning (916) FAX: (916) February 20, 2015 SENT VIA - Mr. Nate Anderson City of Elk Grove 8401 Laguna Palms Way Elk Grove, CA Subject: Emerald Park Estates EG Dear Mr. Anderson: The Elk Grove Unified School District appreciates the opportunity to review the subject application. We request the following response be made a part of the public record of the Planning Commission and/or the City Council hearings. The District is currently impacted and overcrowded. This and other development projects will have a negative impact upon the District s existing school facilities. The District does not have the financial capability to purchase school sites nor construct and furnish needed school facilities with local funds alone. Developer fees and Mello-Roos taxes collected by the District are not sufficient or timely to satisfy the need. The District relies on statewide school bonds to provide funding necessary to construct new school facilities. Without continued state funding, the District is in a school housing crisis. The District will continue to seek additional state funds to construct needed school facilities. Until such time as adequate facilities are available for current and projected students, students may be housed on campuses that have exceeded their intended capacity. On June 3, 2014 the Board of Education adopted a new residential development fee in accordance with Senate Bill 50. The new fee is $4.87 per square foot and became effective on June 4, The district must update the School Facilities Needs Analysis annually; therefore the residential development fee is subject to change annually. At the time a building permit is applied for, the development will be subject to the residential fee in place. 60 Elk Grove Unified School District Excellence by Design