Planning Commission Staff Report August 6, 2015

Transcription

1 Commission Staff Report August 6, 2015 Project: Capital Reserve Map File: EG A Request: Tentative Parcel Map Location: 8423 Elk Grove Blvd. APN: Staff: Christopher Jordan, AICP Sarah Kirchgessner Property Owner/Applicant: Pappas Arizona, L.P. Thad Johnson (Representative) 2020 L Street, 5 th Floor Sacramento, CA Other: Wood-Rodgers, Inc. Matt Spokely/Stan Mette (Representatives) 3301 C Street, Bldg 100-B Sacramento, CA Staff Recommendation Staff recommends that the Commission adopt a Resolution (Attachment 1): 1. Finding the Capital Reserve Map Project exempt from CEQA pursuant to State CEQA Guidelines Section (Projects Consistent with a Community Plan, General Plan, or Zoning) and Section (No Subsequent EIRs and Negative Declarations required); and 2. Approving the Capital Reserve Map Project subject to the findings and conditions of approval included in the draft resolution. Project Description The proposed Project consists of Tentative Parcel Map to subdivide the previously-approved Tentative Subdivision Map (Capital Reserve EG ) into three (3) Large Lot parcels. These entitlements are necessary and required under Titles 22 and 23 of the Elk Grove Municipal Code (EGMC) in order to develop the Project as proposed by the Applicant. Background The City Council approved the Capital Reserve Project (EG ) in December The Project consisted of a General Plan Amendment from Commercial to a mix of Commercial, Medium Density Residential, and Public Open Space/Recreation and a Private Street; a Rezone from SPALCF and AR-10(PDC) to LC, RD-10, and O; and a Tentative Subdivision Map (and concurrent Design Review for subdivision layout) to subdivide the site into 84 residential lots, 4 commercial lots, and various other lots for a park, open space, and a detention/water quality basin. The current application would create three (3) Large Lot parcels for phasing and financing as shown in Figure 2. The new map would overlay the prior approvals and would provide a mechanism for a phased implementation of these approvals. It should be noted that, if approved, the current application would not modify the requirements and conditions placed on the prior approvals. 1

2 Elk Grove Commission EG A August 6, 2015 Page 2 Project Setting The Project site is located at 8423 Elk Grove Boulevard (APN: ), the former location of the Capital Nursery business. The site (16.7 acres) is currently vacant with existing assorted buildings and infrastructure associated with the site s previous use. The Project site is flat with scattered trees and grasses. The Project site is bordered by urban land uses, including singlefamily residential and office use to the west, Wal-Mart and other commercial uses to the east, Elk Grove Creek to the north, and Elk Grove Boulevard to the south. Table 1 details the Project s and adjacent properties current Zoning and General Plan designations and uses. Table 1- Adjacent Land Designations and Uses Project Site North East South West Existing Use General Plan Zoning Vacant/former Capital Nursery Elk Grove Creek Wal-Mart/Commercial uses Elk Grove Boulevard/ Commercial uses Single Family houses/office use Commercial, Medium Density Residential, Public Open Space/Recreation Public Open Space/Recreation Commercial Commercial Low Density Residential/Commercial LC, RD-10 and O Laguna Community Floodplain SPA SC SC RD-5/LC Figure 1 - Location Map 2

3 Elk Grove Commission EG A August 6, 2015 Page 3 Analysis Tentative Parcel Map The proposed Project consists of a Tentative Parcel Map (Figure 2) to subdivide the Project site into three (3) Large Lot parcels consistent with the previously-approved Tentative Subdivision Map (Capital Reserve EG ). Staff has reviewed the proposed Tentative Parcel Map for consistency with the standards and requirements of Title 23, and has determined the Applicant s proposal is consistent with those standards. Figure 2. Tentative Parcel Map 3

4 Elk Grove Commission EG A August 6, 2015 Page 4 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 (Exhibit A). Environmental Analysis The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary projects. A project, under CEQA, is defined as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The proposed Project is a project under CEQA. The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Chapter 3, Division 6 (State CEQA Guidelines) Section (Projects Consistent with a Community Plan, General Plan, or Zoning). Section (Public Resources Code ), provides that projects that are consistent with a Community Plan, General Plan or Zoning for which an EIR has been certified shall not require additional environmental review, except as might be necessary to examine whether there are projectspecific 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 (SCH ). Additionally, the Project site was analyzed in the 2014 General Plan Housing Element Update project Environmental Impact Report (EIR) (SCH# ) and the Capital Reserve Subsequent Environmental Impact Report (SEIR) (SCH# ). The proposed Project is consistent with these previous projects in that the Project would develop the site consistent with the site s General Plan land use designations and the zoning districts approved as part of those projects. The proposed Project consists of Tentative Parcel Map to subdivide the Project site into three (3) Large Lot parcels for phasing and financing consistent with previously-approved entitlements. The City Council adopted a Mitigation Monitoring and Reporting Program (MMRP) for the Project site, which includes mitigation measures aimed to avoid and minimize environmental impacts to the extent feasible. The City Council also adopted Findings of Fact and a Statement of Overriding Considerations related to historic resources for the Capital Reserve Project. Additionally, State CEQA Guidelines Section (Subsequent EIRs and Negative Declarations) requires that when an EIR has been certified for an adopted project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously-identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously-identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with exercise of reasonable diligence at the time of the previous EIR was 4

5 Elk Grove Commission EG A August 6, 2015 Page 5 certified as complete shows any of the following: a. The project will have one or more significant effects as discussed in the previous EIR; b. Significant effects previously-examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternative. Staff has reviewed the Project and analyzed it based upon the above provisions in Section of the State CEQA Guidelines. No potential new impacts related to the properties 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, 2014 General Plan Housing Element Update project EIR and the Capital Reserve SEIR. 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 Sections and and no further environmental review is required. Recommended Motions Should the Commission agree with staff s recommendation, the following motion is suggested: I move that the Commission adopt a resolution finding the Capital Reserve Map Project (EG A) exempt from CEQA pursuant to State CEQA Guidelines Sections and and approving the Capital Reserve Map Project (EG A), subject to the findings and conditions of approval contained in the draft resolution. Attachments 1. Resolution Recommending approval to Council Exhibit A - Conditions of Approval Exhibit B - Tentative Parcel Map 5

6 RESOLUTION NO August 6, 2015 A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION APPROVING A TENTATIVE PARCEL MAP FOR THE CAPITAL RESERVE MAP PROJECT NO. EG A 8423 ELK GROVE BOULEVARD APN: WHEREAS, the Department of the City of Elk Grove received an application on June 11, 2015, from Pappas Arizona, LP (the Applicants) requesting approval of a Tentative Parcel Map (the Project); and WHEREAS, the proposed Project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as APN: ; and WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (CEQA), Public Resource Code et seq.; and WHEREAS, Section (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines) provides an exemption from CEQA for projects that are consistent with the applicable General Plan and Zoning for which an Environmental Impact Report (EIR) was certified; and WHEREAS, an Environmental Impact Report for the 2014 Housing Element Update was certified by the City Council on February 12, 2014; and WHEREAS, a Subsequent Environmental Impact Report for the Capital Reserve Project was certified by the City Council on December 14, 2014; and WHEREAS, based on staff s review of the Project, no special circumstances exist that would create a reasonable possibility that granting the Tentative Parcel Map will have a significant effect on the environment beyond what was previously analyzed and disclosed; and WHEREAS, the 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 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 Commission of the City of Elk Grove finds the proposed Project exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14 (State CEQA Guidelines), based on the following finding: 6

7 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) Section (Projects Consistent with a Community Plan, General Plan, or Zoning) and (Subsequent EIRs and Negative Declarations). Evidence: Section (Public Resources Code ), provides that projects that are consistent with a Community Plan, General Plan or Zoning for which an 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 (SCH ). Additionally, the Project site was analyzed in the 2014 General Plan Housing Element Update project Environmental Impact Report (EIR) (SCH# ) and the Capital Reserve Subsequent Environmental Impact Report (SEIR) (SCH# ). The proposed Project is consistent with these previous projects in that the Project would develop the site consistent with the site s General Plan land use designations and the zoning districts approved as part of those projects. The proposed Project consists of a Tentative Parcel Map to subdivide the Project site into three (3) Large Lot parcels for phasing and financing consistent with previously-approved entitlements. The City Council adopted a Mitigation Monitoring and Reporting Program (MMRP) for the Project site, which includes mitigation measures aimed to avoid and minimize environmental impacts to the extent feasible. The City Council also adopted Findings of Fact and a Statement of Overriding Considerations related to historic resources for the Capital Reserve Project. Additionally, State CEQA Guidelines Section (Subsequent EIRs and Negative Declarations) requires that when an EIR has been certified for an adopted project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with exercise of reasonable diligence at the time of the previous EIR was certified as complete shows any of the following: i. The project will have one or more significant on discussed in the previous EIR; ii. Significant effects previously examined will be substantially more severe than shown in the previous EIR; iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or Page 2 of 11 7

8 iv. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternative. Staff has reviewed the Project and analyzed it based upon the above provisions in Section of the State CEQA Guidelines. No potential new impacts related to the properties 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, 2014 General Plan Housing Element Update project EIR and the Capital Reserve SEIR. 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 Sections and and no further environmental review is required. AND, BE IT FURTHER RESOLVED, that the Commission of the City of Elk Grove approves a Tentative Parcel Map for the Capital Reserve Map Project (EG A) subject to the Project Description 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 finding: Tentative Parcel Map Finding: None of the findings (a) through (g) below in Section of the California Government Code that require a City to deny approval of a tentative map apply to this project: a. That the proposed map is not consistent with applicable general and specific plans as specified in Section b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. c. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f. That the design of the subdivision or type of improvements is likely to cause serious public health problems. g. That the design of the subdivision or type of improvements will conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision. Evidence: (a) As described in the Project staff report, the proposed Project is consistent with the Elk Grove General Plan. The proposed map is consistent with the land use designation and policies in the Elk Grove General Plan, which has designated this site as Commercial, Medium Density Residential, Public Open Space/Recreation, and Private Streets. 8 Page 3 of 11

9 (b) As described in the Project staff report, the proposed Tentative Parcel Map to create three (3) Large Lots for phasing and financing is consistent with previous approvals and General Plan land use designations for the Project site. (c) The site is physically suitable for medium residential and commercial development. Access to the site will be provided or is available. Necessary services and facilities are available or can be provided. Therefore, the site is physically suitable for the medium density residential and commercial development proposed. (d) Services and facilities to serve the projects, including water, sewer, electricity, and other utilities, will be provided or are available. Therefore, the sites are appropriate for the proposed density of development. (e) The Project site is physically suitable for the proposed type of development based upon the analysis presented in the 2014 Housing Element EIR and the Subsequent Environmental Impact Report prepared for the Capital Reserve Project, with which this Project is consistent. (f) The design of the subdivision will not cause serious public health problems based upon the analysis presented in the Subsequent Environmental Impact Report prepared for the Capital Reserve Project, with which this Project is consistent. (g) The design of the subdivision will not conflict with easements acquired by the public at large as demonstrated by review of the Project by the City s Department. The foregoing Resolution of the City of Elk Grove was passed and adopted by the Commission on the 6 th day of August 2015, by the following vote: AYES: NOES ABSENT: ABSTAIN: ATTEST: Sandy Kyles, PLANNING SECRETARY George Murphey, CHAIR of the PLANNING COMMISSION Page 4 of 11 9

10 Exhibit A Project Description PROJECT DESCRIPTION The proposed Project,, involves a Tentative Parcel Map to subdivide a 16.7-acre parcel into three (3) Large Lots for phasing and financing consistent with the previously-approved Tentative Subdivision Map for Capital Reserve (EG ). 10 Page 5 of 11

11 EXHIBIT B Exhibit B Tentative Parcel Map Dated July 15, 2015 Page 6 of 11 11

12 12 Exhibit C 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 Verification (date and Signature) 2. The Applicant/Owner or Successors in Interest (hereby referred to as the Applicant ) shall indemnify, protect, defend, and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any and all claims, damages, demands, liability, costs, losses or expenses including without limitation court costs, reasonable attorney s fees and expert witness fees arising out of this Project including challenging the validity of this application/permit or any environmental or other documentation related to approval of this Application. On-Going 3. The Tentative Parcel Map approval is valid for three (3) years from the date of 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 (3) years from date of approval 4. This action does not relieve the Applicant of the obligation to comply with all codes, statutes, regulations, and procedures. On-Going Page 7 of 11

13 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 Building Verification (date and Signature) The City Zoning Code (Title 23 of the EGMC) EGMC Chapter (Tree Preservation and Protection) 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. 7. The Applicant shall pay all plan check fees, impact fees, or other costs as required by the City, the Cosumnes Community Services District (CCSD), or other agencies or services providers as established by law. On Going On-Going SCWA SASD SMUD PG&E CCSD 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 Section 404, 401, 1602, or other State or Federal environmental permit (if required) Requirements of the Sacramento Metropolitan Air Quality Management District Fire permit Environmental Management Department approval On-Going Building CCSD SCWA SASD 13 Page 8 of 11

14 14 Conditions of Approval Improvement Plans 9. The 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. Timing/ Impleme ntation Improvement Plans Enforcement/ Moni toring Verification (date and Signature) 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 A note stating the above shall be placed on the Improvement Plans Final Map 11. The granting of any easement to any other person(s) or entity, once the Tentative Parcel Map has been approved is prohibited unless approved by the City. Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the. A subordination document shall be submitted along with the Final Parcel Map for City Council approval. 12. The Applicant shall place the following note on the Final Parcel Map: Reciprocal ingress and egress along with all necessary easements for maintenance responsibilities for all parcels shown here on are recorded in book, Page, Official Records of Sacramento County. Page 9 of 11

15 Conditions of Approval 13. The Applicant shall furnish and execute all necessary agreements to provide for reciprocal ingress/egress, parking, drainage, and common area ownership between the parcels of this development and maintenance of the drainage basin within Parcel 3 to the satisfaction of. 14. The Applicant shall dedicate an access easement to Parcels 1 and 3 over Parcel 2 as shown on the Tentative Parcel Map. 15. The Applicant shall dedicate to the City an emergency vehicular access easement (EVA) across Parcel 1 to allow access for emergency vehicles. The alignment and design of the access shall be to the satisfaction of, in consultation with Cosumnes Community Services District Fire Department, prior to recordation of the. 16. No future driveways shall be permitted along Elk Grove Blvd., except for the driveways as shown on the Tentative Parcel Map. The Applicant shall dedicate exclusive access rights (direct vehicular ingress and egress to Elk Grove Blvd) to the City of Elk Grove for all other areas not shown as driveways on the Tentative Parcel Map. 17. The Applicant shall dedicate a right-turn pocket for the Project s entrances on Elk Grove Blvd as shown on the Tentative Parcel Map to the satisfaction of. 18. The Applicant shall dedicate to the City a 12.5 foot utility easement for underground facilities and appurtenances adjacent to Elk Grove Blvd. Timing/ Impleme ntation Enforcement/ Moni toring CCSD Fire Verification (date and Signature) 15 Page 10 of 11

16 16 Conditions of Approval Prior to Approval of Subsequent Design Review 19. To the extent determined by the Cosumnes CSD Fire Department and prior to the approval of a Design Review for any development on Lots 1 and/or 2, the Applicant shall either: Timing/ Impleme ntation Enforcement/ Moni toring Cosumnes CSD Fire Department Verification (date and Signature) 1. Form or annex Lots 1 and 2 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. The Applicant shall notify all potential lot buyers prior to sale that this Project is a part of a benefit assessment district and shall inform potential buyers of the special tax amount. Said notification shall be in a manner approved by the City. The Applicant shall supplement these costs until sufficient revenue is provided by such special 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 further building permits for the property shall be issued. The Project may be eligible for credits from prior development on the site, as determined by the CCSD in their sole discretion. ## Page 11 of 11