CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

Transcription

1 AGENDA ITEM NO. 9.2 CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA TITLE: A public hearing to consider a Specific Plan Amendment to the Laguna Ridge Specific Plan and a Rezone of approximately 4.14 acres from Shopping Center (SC) to Auto Commercial (AC) at 8400 Auto Passage Drive and 8401 Lotz Parkway (EG ; APNs: and -047) MEETING DATE: December 14, 2011 PREPARED BY: DEPARTMENT HEAD: Kenneth Adam Petersen, Project Planner Taro Echiburú, Planning Director PROJECT INFORMATION: Location: Planner: Applicant: Property Owner: 8400 Auto Passage Drive and 8401 Lotz Parkway; APN and -047 Kenneth Adam Petersen Lasher Auto Group, Attn.: Mark Lasher Sacramento Land and Farming, Attn: Mark Nelson RECOMMENDED ACTION: The Planning Commission recommends (5-0) that the City Council of the City of Elk Grove: 1. Adopt a resolution finding no further review required for the Lasher Auto Group Specific Plan Amendment and Rezone project (EG ) (the Project ), under the California Environmental Quality Act pursuant to of Division 6 of Chapter 3 of Title 14 of the California Code of Regulations (State CEQA Guidelines); and 1

2 Elk Grove City Council December 14, 2011 Page 2 of 9 2. Adopt a resolution approving a Specific Plan Amendment to change the designation at 8400 Auto Passage Drive and 8401 Lotz Parkway (APN: ; and -047, respectively) from Shopping Center (SC) to Auto Commercial (AC); and 3. Introduce and waive the full reading, by substitution of title only, an Ordinance rezoning 8400 Auto Passage Drive and 8401 Lotz Parkway (APN: ; and -047, respectively) from Shopping Center (SC) to Auto Commercial (AC). PROJECT DESCRIPTION: The Applicant is requesting approval of a Specific Plan Amendment and Rezone of two properties (one complete, one partial) in the Laguna Ridge Specific Plan. The Specific Plan Amendment and Rezone request proposes to change 4.14 acres from Shopping Center (SC) to Auto Commercial (AC) for the properties located at 8400 Auto Passage Drive and 8401 Lotz Parkway. The Applicant proposes that approximately oneacre of the property located at 8401 Lotz Parkway, remain designated and zoned SC. APN Total Acreage Table 1 Proposed Changes Existing Specific Plan Proposed Specific Plan Designation / Zoning Designation / Zoning SC AC 2.82 acres 2.82 acres SC AC SC 2.32 acres 1.32 acre 1 acre 5.14 acres SC 4.14 acres AC 1 acre SC SETTING 2 The Project site is located in the Laguna Ridge Specific Plan and is a part of the Elk Grove Auto Mall (Phase 3). Undeveloped land flanks the Project site to the north, south, east and west. Cosumnes Oaks High School and Elizabeth Pinkerton Middle School lies to the southwest of the Project site. The Project site is undeveloped as well. It consists primarily of grasses. Surrounding roadways are constructed, and the City has completed limited

3 Elk Grove City Council December 14, 2011 Page 3 of 9 frontage improvements consisting of curb, gutter, and sidewalk. Table 2 identifies the City s General Plan and Zoning designations for the Project site and surrounding properties, while Figure 2 illustrates the Project site location in the Laguna Ridge Specific Plan, and Figures 3 and 4 provide more specific detail of the location and site. Existing Specific Plan Designation / Zoning Figure 1 Proposed Changes Proposed Specific Plan Designation / Zoning Table 2 Project Site and Surrounding Land Use Designations Existing Uses General Plan Zoning Project Site Undeveloped Commercial SC North Undeveloped Commercial AC South Undeveloped Low Density Residential RD-7 East Undeveloped Commercial AC West Undeveloped Commercial / Office / Multifamily BP 3

4 Elk Grove City Council December 14, 2011 Page 4 of 9 Figure 2 - Project Location Lasher Project Location 4

5 Elk Grove City Council December 14, 2011 Page 5 of 9 Figure 3 Vicinity Map Project Site Figure 4 Project Aerial Project Site 5

6 Elk Grove City Council December 14, 2011 Page 6 of 9 ANALYSIS: Staff has reviewed the proposed Project in accordance with the City s General Plan, the development standards of the Laguna Ridge Specific Plan (LRSP), and Title 23 of the Elk Grove Municipal Code (hereinafter the Zoning Code ). The City s General Plan designates the subject site as Commercial. The Commercial land use category supports a variety of commercial zones, including Auto Commercial (AC), Limited Commercial (LC), General Commercial (GC), Shopping Center (SC), and Highway Travel Commercial (TC). The Applicant s request to rezone the parcel from SC to AC would, therefore, be consistent with the General Plan s Commercial land use designation for the site. The LRSP land use designations established the zoning districts for the LRSP. Pursuant to Section of the Zoning Code, Zoning Amendments must be consistent with the General Plan s goals, policies, and implementation programs. The current LRSP land use designation and zoning for the Project is SC. The proposed Specific Plan Amendment and Rezone would change 4.14 acres of SC to AC, while leaving approximately one acre of SC. A comparison between the existing and proposed land use acreages are shown in Table 3. Specific Plan / Zoning Designation Table 3 - Proposed Land Use Acreage Existing Proposed Proposed Acreage Difference SC 5.14 ac. 1 ac ac. AC 0 ac ac ac. Total 5.14 ac ac. The Zoning Code draws a distinction between the SC and AC zoning districts based upon different design characteristics and target users. The Zoning Code defines AC uses as those characterized by automotive sales and service and related uses. The zone is intended to promote the unified grouping of auto-oriented uses. The 6

7 Elk Grove City Council December 14, 2011 Page 7 of 9 designation should be used on sites adjacent to other exiting commercial or office uses and should be located near freeways, thoroughfares, and arterials. Close proximity to State Route 99, Laguna Springs Drive, and Elk Grove Boulevard make this site suitable for AC uses, and consistent with the Zoning Code s intent to establish AC uses near freeways and arterials. Further, AC zones border the site to the north and east. Therefore, the land uses adjacent to the Project site enable the rezone to comply with the Zoning Code s purpose of grouping auto-oriented uses, and is consistent with the Zoning Code s descriptions and characteristics of the AC zones. The Applicant has indicated a desire to use the site for a possible future new auto dealership and presently for additional parking for his current dealership. The rezoning of the property from SC to AC is necessary in order for this use to be established at the site. While the purpose of the rezone would allow auto oriented uses, approval of the rezone would not preclude other development consistent with the AC zone from occurring at the site, such as schools, convenience stores, equipment sales and rentals, and restaurants. In reviewing the proposed land use changes, staff believes the overall land use impacts are minimal and that a change in the designation would be appropriate. The Project reduces the amount of SC land uses to one acre, while 4.14 acres of auto-commercial uses are added. The proposed AC land use is adjacent to other AC land uses located to the north and east. The change in designation would allow the Project site to be developed in an integrated fashion with adjacent property as part of the auto mall. The remaining acre of SC designated property will provide land that could continue to accommodate a variety of commercial uses. This land, and the variety of uses, will be able to serve the future residents in the residentially zoned land to the south of the Project site as well as neighboring office districts. The proposed AC designation is consistent with and implements the Commercial General Plan land use designation, and will not impact the adjacent properties, because they are designated AC as well. Therefore, the proposed AC designation would support development in the LRSP and is warranted. 7

8 Elk Grove City Council December 14, 2011 Page 8 of 9 Letters from Commenting Agencies This project was routed to various City Departments for review as follows: City of Elk Grove Building Department no comment City of Elk Grove Finance no response City of Elk Grove Public Works no comment City of Elk Grove Police Department no response Cosumnes Community Services District Fire no comment No issues of concern were identified by any agency. ENVIRONMENTAL ANALYSIS: The California Environmental Quality Act (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 Specific Plan Amendment and Rezone is a project under CEQA. The proposed project is exempt from CEQA pursuant to State CEQA Guidelines Section (Projects Consistent with a Community Plan, General Plan, or Zoning). CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review. The proposed Specific Plan Amendment and Rezone is consistent with the Elk Grove General Plan land use designation of Commercial. Further, the certified General Plan EIR analyzed the commercial development of this property and its potential impacts. Therefore, the project qualifies for the identified exemption. Consequently, this project qualifies for this exemption and no further environmental review is required. 8

9 Elk Grove City Council December 14, 2011 Page 9 of 9 PLANNING COMMISSION: On November 17, 2011, the Planning Commission held a public hearing for the proposed rezone Project. There was no public comment at the meeting. The Commissioners expressed overall support for the Project yet noted several concerns. Their concerns centered on designating too much land for AC uses; creating an aesthetically unappealing site with cars parked too close to Laguna Springs Drive as well as a use that could be exposed to crime; and limiting future commercial uses within the portion of the site designated SC. Despite these concerns, the Commissioners noted that the Project constitutes an auto commercial land use designation in the auto mall area and is therefore acceptable. The consensus of the Commission (5-0) was to recommend the City Council approve the Lasher Auto Group Specific Plan Amendment and Rezone project (EG ). FISCAL IMPACT: There will be no financial impact to the City s General Fund as a result of this project. ATTACHMENTS: 1. Resolution finding the Project exempt from the California Environmental Quality Act. 2. Resolution Approving a Specific Plan Amendment 3. Ordinance Approving a Rezone 4. November 17, 2011 Planning Commission Staff Report 9

10 ATTACHMENT 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE FINDING THE LASHER AUTO GROUP PROJECT CONSISTING OF A SPECIFIC PLAN AMENDMENT AND REZONE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ASSESSOR PARCEL NUMBERS: AND -047 WHEREAS, the Planning Department of the City of Elk Grove received an application on August 24, 2011 requesting a Specific Plan Amendment and Rezone; and WHEREAS, the Lasher Auto Group Specific Plan Amendment and Rezone project (EG ) (the Project ) is located on real property in the incorporated portions of the City of Elk Grove more particularly described as Assessor Parcel Numbers and ; and WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code, et seq., requires that the City consider the environmental effects of a project before approving it; and WHEREAS, Title 14, Division 6, Chapter 3 of the California Code of Regulations (herein after the State CEQA Guidelines) Section (Projects Consistent with a Community, General Plan, or Zoning) states that projects which are consistent with the development density established by existing zoning or general plan policies for which an Environmental Impact Report (EIR) was certified shall not require additional environmental review; and WHEREAS, the Planning Commission considered the Applicant s request at a public hearing on November 17, 2011, and recommended the City Council find the project exempt from CEQA and approve the Lasher Auto Group Project; and WHEREAS, the proposed Project is located adjacent to an auto mall in an urban portion of the City and is therefore not considered environmentally sensitive; and WHEREAS, all public utilities and services are available to the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk Grove hereby finds the Lasher Auto Group Specific Plan Amendment and Rezone project (EG ) (the Project ) exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section (Projects Consistent with a Community, General Plan, or Zoning) based on the following findings Findings: The proposed Project is exempt from CEQA review under (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. Evidence: The proposed Project is exempt from CEQA pursuant to State CEQA Guidelines Section (Projects Consistent with a Community Plan, General Plan, or Zoning). CEQA mandates that projects which are consistent with the development 10

11 density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review. The proposed Specific Plan Amendment and Rezone is consistent with the Elk Grove General Plan land use designation of Commercial. Further, the certified General Plan EIR analyzed the commercial development of this property and its potential impacts. Therefore, the Project qualifies for the identified exemption. Consequently, pursuant to the State CEQA Guidelines, no further environmental review is required for this project. PASSED AND ADOPTED by the City Council of the City of Elk Grove this14 th day of December STEVEN M. DETRICK, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN HOBBS, INTERIM CITY ATTORNEY 11

12 ATTACHMENT 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING A SPECIFIC PLAN AMENDMENT FOR THE THE LASHER AUTO GROUP PROJECT NO. EG ASSESSOR PARCEL NUMBERS: AND -047 WHEREAS, the Planning Department of the City of Elk Grove received an application on August 24, 2011 requesting a Specific Plan Amendment and Rezone; and WHEREAS, the Lasher Auto Group Project (EG ) is located on real property in the incorporated portions of the City of Elk Grove more particularly described as Assessor Parcel Number(s) and ; and WHEREAS, the Lasher Auto Group Project consists of amending the Specific Plan land use designations for the project site by reducing the Shopping Center (SC) designated property to approximately one acre and adding the Auto Commercial (AC) designation to approximately 4.14 acres; and WHEREAS, the Lasher Auto Group Project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section of Title 14 of the California Code of Regulations (State CEQA Guidelines); and WHEREAS, the Planning Commission considered the Applicant s request at a public hearing on November 17, 2011, and recommended the City Council approve the Lasher Auto Group Project; and WHEREAS, the City Council held a duly noticed public hearing as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Elk Grove approves the Amendments to the Laguna Ridge Specific Plan as illustrated in the attached Exhibit A, based on the following findings: Specific Plan Amendment - Laguna Ridge Specific Plan (LRSP) Section 9 Implementation & Administration Finding 1: Significant changes to the character of the community have occurred subsequent to the adoption of the Specific Plan which warrants amendments as requested. Evidence: Subsequent to adoption of the Specific Plan, significant changes to the character of the community have occurred. Specifically, the changes to the character of the community that have occurred consist of alterations in land use demand. This project is representative of the changes to the character of the community. The project site remains undeveloped designated as SC. However, the project site would be developed if it were designated AC. This condition provides evidence that the demand 12

13 for an auto oriented use on the site exceeds the demand for shopping center uses at this time and therefore consists of a change to the character of the community. The AC designation is further warranted because it allows the applicant expand their business operation to underutilized property that would otherwise remain undeveloped as SC. Therefore, the change in demand for use of the site is a significant change to the character of the community subsequent to adoption of the Specific Plan and the amendment is warranted. Finding 2: The requested amendment will benefit the Specific Plan Area and/or the City. Evidence: The proposed Specific Plan Amendment will enable the site to be developed with an auto commercial oriented use. The project site is undeveloped and there is no expected development that would comply with the SC standards. The requested amendment will enable development of the site with auto oriented uses thereby allowing the project site to be developed in an integrated fashion with adjacent property as part of the auto mall. The remaining acre of SC designated property will provide land that could continue to accommodate a variety of commercial uses. This land, and the variety of uses, will be able to serve the future residents in the residentially zoned land to the south of the project site as well as neighboring office districts. Therefore, the requested Amendment will meet the current market demands that will benefit future and existing developments. Finding 3: The amendment is consistent with the General Plan. Evidence: The General Plan contains goals, policies, and objectives to which all projects must adhere. Thus, the LRSP serves as the policy and regulatory document that implements the goals and policies of the General Plan. The LRSP recognizes that periodic amendments may be necessary in order to respond changing circumstances beyond the control of the Specific Plan (page 9-2). Such amendments include changes to the land use designations for the proposed projects. General Plan Land Use Policies LU-28 and LU-30 allows the LRSP to have discretion as to land use. Finding 4: The amendment will not adversely affect adjacent properties and can be properly serviced. Evidence: The proposed change to the land use designations will not adversely affect adjacent properties. Access to the remaining portion of the site designated for SC uses is still provided through an existing curb cut. No new land use types are proposed for the sites. All public services and utilities to serve the project would remain as identified for the LRSP. Finding 5: Where applicable, the physical constraints of the property area are such that the requested amendment is warranted. Evidence: The property is not physically constrained. The requested Specific Plan Amendment and Rezone leave adequate area for development to occur within the AC 13

14 and SC designations. Therefore, physical constraints were not a justification for the requested amendments and the physical constraints consideration is not applicable. PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14 th day of December STEVEN M. DETRICK, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN HOBBS, INTERIM CITY ATTORNEY 14

15 Exhibit A Existing Specific Plan Designation Proposed Specific Plan Designation 15

16 ATTACHMENT 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE AMENDING THE CITY OF ELK GROVE ZONING MAP FROM SHOPPING CENTER (SC) TO AUTO COMMERCIAL (AC) FOR THE LASHER AUTO GROUP PROJECT NO. EG ASSESSOR S PARCEL NUMBERS: AND -047 WHEREAS, the Planning Department of the City of Elk Grove received an application from the Lasher Auto Group (hereinafter referred to as the Applicant ) on August 24, 2011 for a Specific Plan Amendment and Rezone; and WHEREAS, the Lasher Auto Group project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as Assessor s Parcel Numbers and ; and WHEREAS, the Applicant is requesting to Rezone approximately 4.14 acres from Shopping Center (SC) to Auto Commercial (AC) while leaving approximately one acre of the southern property zoned SC; and WHEREAS, the proposed rezone of the properties is consistent with the zoning designations and density range proposed as part of the Laguna Ridge Specific Plan Amendment, provided that the City Council amends the Laguna Ridge Specific Plan to ensure compatibility; and WHEREAS, the proposed zoning implements the General Plan s policies and goals for orderly development that is adequately supported by public infrastructure and services; and WHEREAS, the Lasher Auto Group Project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section of Title 14 of the California Code of Regulations (State CEQA Guidelines); and WHEREAS, the Planning Commission considered the Applicants request at a public hearing on November 17, 2011, and recommended the City Council approve the Lasher Auto Group Project; and WHEREAS, the City Council is the appropriate authority to hear and take action on this project after a recommendation by the Planning Commission; and WHEREAS, the City Council held a duly noticed public hearing as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Elk Grove does ordain as follows: Section 1: Purpose and Authority. The purpose of this Ordinance is to amend the City of Elk Grove Zoning Map as shown on the attached Exhibit A, incorporated herein by this reference. 16

17 Section 2: Enactment of New Zoning. The City Council hereby amends the City of Elk Grove Zoning Map for APNs and , as shown on attached in Exhibit A, incorporated herein by this reference. Section 3: No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 4: Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. Section 5: Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (five) days prior to and fifteen (15) days after adoption by the City Council and a certified copy shall be posted in the Office of the City Clerk, pursuant to GC 36933(c)(1). Finding: The proposed Zoning Amendment is consistent with the General Plan s goals, policies, and implementation programs. INTRODUCED: December 14, 2011 ADOPTED: EFFECTIVE: STEVEN M. DETRICK, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN HOBBS, INTERIM CITY ATTORNEY Date signed: 17

18 Exhibit A Existing Zoning Proposed Zoning 18

19 Planning Commission Staff Report November 17, 2011 Project: Lasher Auto Group Specific Plan Amendment and Rezone File: EG Requests: The Applicant is requesting a Specific Plan Amendment and Rezone of two parcels from Shopping Center (SC) to Auto Commercial (AC). Locations: 8400 Auto Passage Drive and 8401 Lotz Parkway APNs: ; and -047 Staff: Adam Petersen, Associate Planner Property Owner Sacramento Land and Farming Mark Nelson Pear Lane Wilton, CA Applicant Lasher Auto Group Mark Lasher 8575 Laguna Grove St Elk Grove CA Staff Recommendation Staff recommends that the Planning Commission adopt a Resolution making a recommendation that the City Council: 1. Adopt a Resolution finding no further CEQA review is necessary for the Lasher Auto Group Specific Plan Amendment and Rezone (EG ) pursuant to Section of Title 14 of the California Code of Regulations (State CEQA Guidelines); 2. Approve the Specific Plan Amendment; and 3. Approve the Rezone. Project Description The applicant is requesting approval of a Specific Plan Amendment and Rezone of two properties in the Laguna Ridge Specific Plan. The Specific Plan Amendment and Rezone request proposes to change 4.14 acres from Shopping Center (SC) to Auto Commercial (AC) for the properties located at 8400 Auto Passage Drive and 8401 Lotz Parkway. The applicant proposes that approximately one-acre of the property located at 8401 Lotz Parkway, remain designated and zoned SC. APN Table 1 Proposed Changes Existing Specific Plan Designation / Zoning SC 2.82 acres 2.82 acres Proposed Specific Plan Designation / Zoning AC SC AC SC 2.32 acres 1.32 acre 1 acre Total Acreage 5.14 acres SC 4.14 acres AC 1 acre SC 191

20 Elk Grove Planning Commission File EG November 17, 2011 Page 2 of 8 Figure 1 Proposed Changes Existing Specific Plan Designation / Zoning Proposed Specific Plan Designation / Zoning Setting The project site is located in the Laguna Ridge Specific Plan and is a part of the Elk Grove Auto Mall (Phase 3). Undeveloped land flanks the project site to the north, south, east and west. Cosumnes Oaks High School and Elisabeth Pinkerton Middle School lies to the southwest of the project site. The project site is undeveloped as well. It consists primarily of grasses. Surrounding roadways are constructed and the City has completed limited frontage improvements consisting of curb, gutter, and sidewalk. Table 2 identifies the City s General Plan and Zoning designations for the project site and surrounding properties, while Figure 2 illustrates the project site location in the Laguna Ridge Specific Plan and Figures 3 and 4 provide more specific detail of the location and site. Table 2 Project Site and Surrounding Land Use Designations Existing Uses General Plan Zoning Project Site Undeveloped Commercial SC North Undeveloped Commercial AC South Undeveloped Low Density Residential RD-7 East Undeveloped Commercial AC West Undeveloped Commercial / Office / Multifamily BP 20 2

21 Elk Grove Planning Commission File EG November 17, 2011 Page 3 of 8 Figure 2 - Project Location Lasher Project Location 213

22 Elk Grove Planning Commission File EG November 17, 2011 Page 4 of 8 Figure 3 Vicinity Map Project Site Figure 4 Project Aerial Project Site 22 4

23 Elk Grove Planning Commission File EG November 17, 2011 Page 5 of 8 Analysis Staff has reviewed the proposed project in accordance with the City s General Plan, the development standards of the Laguna Ridge Specific Plan, and Title 23 of the Municipal Code (hereinafter the Zoning Code). The City s General Plan designates the subject site as Commercial. The Commercial land use category supports a variety of commercial zones, including Auto Commercial (AC), Limited Commercial (LC), General Commercial (GC), Shopping Center (SC), and Highway Travel Commercial (TC). The Applicant s request to rezone the parcel from SC to AC would, therefore, be consistent with the General Plan s Commercial land use designation for the site. The LRSP land use designations established the zoning districts for the LRSP. Pursuant to Section of the Zoning Code, Zoning Amendments must be consistent with the General Plan s goals, policies, and implementation programs. The current LRSP land use designation and zoning for the project is SC. The proposed Specific Plan Amendment and Rezone would change 4.14 acres of SC to AC, while leaving approximately one acre of SC. A comparison between the existing and proposed land use acreages are shown in Table 3. Specific Plan / Zoning Designation Table 3 - Proposed Land Use Acreage Existing Proposed Proposed Acreage Difference SC 5.14 ac. 1 ac ac. AC 0 ac ac ac. Total 5.14 ac ac. The Zoning Code draws a distinction between the SC and AC zoning districts based upon different design characteristics and target users. The Zoning Code defines AC uses as those characterized by automotive sales and service and related uses. The zone is intended to promote the unified grouping of auto-oriented uses. The designation should be used on sites adjacent to other exiting commercial or office uses and should be located near freeways, thoroughfares, and arterials. Close proximity to State Route 99, Laguna Springs Drive, and Elk Grove Boulevard make this site suitable for AC uses, and consistent with the Zoning Code s intent to establish AC uses near freeways and arterials. Further, AC zones border the site to the north and east. Therefore, the land uses adjacent to the project site enables the rezone to comply with the Zoning Code s purpose of grouping auto-oriented uses, and is consistent with the Zoning Code s descriptions and characteristics of the AC zones. The applicant has indicated a desire to use the site for a new auto dealership and parking for the dealership. The rezoning of the property from SC to AC is necessary in order for this use to be established at the site. While the purpose of the rezone would allow auto oriented uses, approval of the rezone would not preclude other development consistent with the AC zone from occurring at the site, such as schools, convenience stores, equipment sales and rentals, and restaurants. In reviewing the proposed land use changes, staff believes the overall land use impacts are minimal and a change in the designation would be appropriate. The project reduces the 235

24 Elk Grove Planning Commission Lasher Auto Group SPA and Rezone November 17, 2011 Page 6 amount of SC land uses to one acre, while 4.14 acres of auto-commercial uses are added. The proposed AC land use is adjacent to other AC land uses located to the north and east. The change in designation would allow the project site to be developed in an integrated fashion with adjacent property as part of the auto mall. The remaining acre of SC designated property will provide land that could continue to accommodate a variety of commercial uses. This land, and the variety of uses, will be able to serve the future residents in the residentially zoned land to the south of the project site as well as neighboring office districts. The proposed AC designation is consistent with and implements the Commercial General Plan land use designation, and will not impact the adjacent properties because they are designated AC as well. Therefore, the proposed AC designation would support development in the LRSP and is warranted. Letters from Commenting Agencies This project was routed to various City Departments for review as follows. City of Elk Grove Building Department no comment City of Elk Grove Finance no response City of Elk Grove Public Works no comment City of Elk Grove Police Department no response Cosumnes CSD Fire no comment No issues of concern were identified by any agency. Environmental Analysis The California Environmental Quality Act (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 Specific Plan Amendment and Rezone is a project under CEQA. The proposed project is exempt from CEQA pursuant to State CEQA Guidelines Section (Projects Consistent with a Community Plan, General Plan, or Zoning). CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review. The proposed Specific Plan Amendment and Rezone is consistent with the Elk Grove General Plan land use designation of Commercial. Further, the certified General Plan EIR analyzed the commercial development of this property and its potential impacts. Therefore, the project qualifies for the identified exemption. Consequently, this project qualifies for this exemption and no further environmental review is required. Recommended Motions Should the Planning Commission agree with staff s recommendation, the following motions are suggested: I move that the Planning Commission adopt a Resolution recommending that the City Council adopt a finding no further CEQA review is necessary for the Lasher Auto Group Project pursuant to Section of Title 14 of the California Code of Regulations (State CEQA Guidelines); 24 6

25 Elk Grove Planning Commission Lasher Auto Group SPA and Rezone November 17, 2011 Page 7 I move that the Planning Commission adopt a Resolution recommending that the City Council approve the Specific Plan Amendment for the Lasher Auto Group Project; I move that the Planning Commission adopt a Resolution recommending the City Council approve the Rezone for the Lasher Auto Group Project; CEQA Findings: The proposed project is exempt from CEQA review under (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. Evidence: The proposed project is exempt from CEQA pursuant to State CEQA Guidelines Section (Projects Consistent with a Community Plan, General Plan, or Zoning). CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review. The proposed Specific Plan Amendment and Rezone is consistent with the Elk Grove General Plan land use designation of Commercial. Further, the certified General Plan EIR analyzed the commercial development of this property and its potential impacts. Therefore, the project qualifies for the identified exemption. Specific Plan Amendment Finding 1: Significant changes to the character of the community have occurred subsequent to the adoption of the Specific Plan which warrants amendments as requested. Evidence: Subsequent to adoption of the Specific Plan, significant changes to the character of the community have occurred. Specifically, the changes to the character of the community that have occurred consist of alterations in land use demand. This project is representative of the changes to the character of the community. The project site remains undeveloped designated as SC. However, the project site would be developed if it were designated AC. This condition provides evidence that the demand for an auto oriented use on the site exceeds the demand for shopping center uses at this time and therefore consists of a change to the character of the community. The AC designation is further warranted because it allows the applicant expand their business operation to underutilized property that would otherwise remain undeveloped as SC. Therefore, the change in demand for use of the site is a significant change to the character of the community subsequent to adoption of the Specific Plan and the amendment is warranted. Finding 2: The requested amendment will benefit the Specific Plan Area and/or the City. Evidence: The proposed Specific Plan Amendment will enable the site to be developed with an auto commercial oriented use. The project site is undeveloped and there is no expected development that would comply with the SC standards. The requested amendment will enable development of the site with auto oriented uses thereby allowing the project site to be developed in an integrated fashion with adjacent property as part of the auto mall. The remaining acre of SC designated property will provide land that could continue to accommodate a variety of commercial uses. This land, and the variety of uses, will be able to serve the future residents in the residentially zoned land to the south of the project site as well as neighboring office districts. Therefore, the requested Amendment will meet the current market demands that will benefit future and existing developments. Finding 3: The amendment is consistent with the General Plan. 257

26 Elk Grove Planning Commission Lasher Auto Group SPA and Rezone November 17, 2011 Page 8 Evidence: The General Plan contains goals, policies, and objectives to which all projects must adhere. Thus, the LRSP serves as the policy and regulatory document that implements the goals and policies of the General Plan. The LRSP recognizes that periodic amendments may be necessary in order to respond changing circumstances beyond the control of the Specific Plan (page 9-2). Such amendments include changes to the land use designations for the proposed projects. General Plan Land Use Policies LU-28 and LU-30 allows the LRSP to have discretion as to land use. Finding 4: The amendment will not adversely affect adjacent properties and can be properly serviced. Evidence: The proposed change to the land use designations will not adversely affect adjacent properties. Access to the remaining portion of the site designated for SC uses is still provided through an existing curb cut. No new land use types are proposed for the sites. All public services and utilities to serve the project would remain as identified for the LRSP. Finding 5: Where applicable, the physical constraints of the property area are such that the requested amendment is warranted. Evidence: The property is not physically constrained. The requested Specific Plan Amendment and Rezone leave adequate area for development to occur within the AC and SC designations. Therefore, physical constraints were not a justification for the requested amendments and the physical constraints consideration is not applicable. Rezone Finding: The project is consistent with the goals and policies of the Elk Grove General Plan. Evidence: The Lasher Auto Group project is located within the Laguna Ridge Specific Plan (LRSP). The LRSP was adopted consistent with all applicable General Plan goals and policies. As described in the project staff report, the project is consistent with the Specific Plan and applicable provisions of the General Plan for commercial development with the City of Elk Grove. Attachments A. Planning Commission Resolution B. City Council Resolution for CEQA C. City Council Resolution for Specific Plan Amendment D. City Council Ordinance Rezone 26 8

27 RESOLUTION NO November 17, 2011 A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ELK GROVE ADOPT A RESOLUTION FINDING NO FURTHER CEQA REVIEW IS NECESSARY FOR THE LASHER AUTO GROUP PROJECT; ADOPT A RESOLUTION APPROVING THE SPECIFIC PLAN AMENDMENTS; AND INTRODUCE AN ORDINANCE AMENDING THE CITY OF ELK GROVE ZONING MAP; APNs and -047 WHEREAS, the Planning Division of the City of Elk Grove received an application on August 24, 2011 requesting a Specific Plan Amendment and Rezone for the Lasher Auto Group Project, Project No. EG ; and WHEREAS, the proposed Project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as Assessor Parcel Number(s) and -047; and WHEREAS, the Project is subject to the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission held a duly noticed public hearing on November 17, 2011 as required by law to consider all of the information presented by staff and public testimony presented in writing and at the meeting. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommend the City Council of the City of Elk Grove adopt a resolution finding the Project exempt from the CEQA pursuant to Section (Projects Consistent with a General Plan) of Division 6 of Chapter 3 of Title 14 of the California Code of Regulation (State CEQA Guidelines) based upon the following finding as provided in the draft City Council resolution contained in Attachment B of the November 17, 2011 Planning Commission staff report, incorporated herein by this reference; and CEQA Finding: The proposed project is exempt from CEQA review under (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. Evidence: The proposed project is exempt from CEQA pursuant to State CEQA Guidelines Section (Projects Consistent with a Community Plan, General Plan, or Zoning). CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review. The proposed Specific Plan Amendment and Rezone is consistent with the Elk Grove General Plan land use designation of Commercial. Further, the certified General Plan EIR analyzed the commercial development of this property and its potential impacts. Therefore, the project qualifies for the identified exemption. 279

28 BE IT FURTHER RESOLVED that the Planning Commission recommend the City Council of the City of Elk Grove adopt a resolution approving the Specific Plan Amendment from SC to AC for the Lasher Auto Group Project as provided in the draft City Council resolution contained in Attachment C of the November 17, 2011 Planning Commission staff report, incorporated herein by this reference based upon the following findings; and Specific Plan Amendment Finding 1: Significant changes to the character of the community have occurred subsequent to the adoption of the Specific Plan which warrants amendments as requested. Evidence: Subsequent to adoption of the Specific Plan, significant changes to the character of the community have occurred. Specifically, the changes to the character of the community that have occurred consist of alterations in land use demand. This project is representative of the changes to the character of the community. The project site remains undeveloped designated as SC. However, the project site would be developed if it were designated AC. This condition provides evidence that the demand for an auto oriented use on the site exceeds the demand for shopping center uses at this time and therefore consists of a change to the character of the community. The AC designation is further warranted because it allows the applicant expand their business operation to underutilized property that would otherwise remain undeveloped as SC. Therefore, the change in demand for use of the site is a significant change to the character of the community subsequent to adoption of the Specific Plan and the amendment is warranted. Finding 2: The requested amendment will benefit the Specific Plan Area and/or the City. Evidence: The proposed Specific Plan Amendment will enable the site to be developed with an auto commercial oriented use. The project site is undeveloped and there is no expected development that would comply with the SC standards. The requested amendment will enable development of the site with auto oriented uses thereby allowing the project site to be developed in an integrated fashion with adjacent property as part of the auto mall. The remaining acre of SC designated property will provide land that could continue to accommodate a variety of commercial uses. This land, and the variety of uses, will be able to serve the future residents in the residentially zoned land to the south of the project site as well as neighboring office districts. Therefore, the requested Amendment will meet the current market demands that will benefit future and existing developments. Finding 3: The amendment is consistent with the General Plan. Evidence: The General Plan contains goals, policies, and objectives to which all projects must adhere. Thus, the LRSP serves as the policy and regulatory 28 10

29 document that implements the goals and policies of the General Plan. The LRSP recognizes that periodic amendments may be necessary in order to respond changing circumstances beyond the control of the Specific Plan (page 9-2). Such amendments include changes to the land use designations for the proposed projects. General Plan Land Use Policies LU-28 and LU-30 allows the LRSP to have discretion as to land use. Finding 4: The amendment will not adversely affect adjacent properties and can be properly serviced. Evidence: The proposed change to the land use designations will not adversely affect adjacent properties. Access to the remaining portion of the site designated for SC uses is still provided through an existing curb cut. No new land use types are proposed for the sites. All public services and utilities to serve the project would remain as identified for the LRSP. Finding 5: Where applicable, the physical constraints of the property area are such that the requested amendment is warranted. Evidence: The property is not physically constrained. The requested Specific Plan Amendment and Rezone leave adequate area for development to occur within the AC and SC designations. Therefore, physical constraints were not a justification for the requested amendments and the physical constraints consideration is not applicable. BE IT FURTHER RESOLVED that the Planning Commission recommend the City Council of the City of Elk Grove introduce and waive the full reading of an ordinance amending the City of Elk Grove Zoning Map by reducing the SC designated property to approximately one acre and adding the AC designation to approximately 4.14 acres for the Lasher Auto Group Project as provided in the draft City Council resolution contained in Attachment D of the November 17, 2011 Planning Commission staff report, incorporated herein by this reference based upon the following finding: Rezone Finding: The project is consistent with the goals and policies of the Elk Grove General Plan. Evidence: The Lasher Auto Group project is located within the Laguna Ridge Specific Plan (LRSP). The LRSP was adopted consistent with all applicable General Plan goals and policies. As described in the project staff report, the project is consistent with the Specific Plan and applicable provisions of the General Plan for commercial development with the City of Elk Grove. The foregoing Resolution of the City of Elk Grove was passed and adopted by the Planning Commission on the 17 th day of November 2011, by the following vote: AYES: 29 11

30 NOES ABSENT: ABSTAIN: ATTEST: Sandy Kyles, PLANNING SECRETARY George Murphey, CHAIR of the PLANNING COMMISSION 30 12

31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE FINDING THE LASHER AUTO GROUP PROJECT CONSISTING OF A SPECIFIC PLAN AMENDMENT AND REZONE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ASSESSOR PARCEL NUMBERS: and -047 WHEREAS, the Planning Division of the City of Elk Grove received an application on August 24, 2011 requesting a Specific Plan Amendment and Rezone; and WHEREAS, the Lasher Auto Group Specific Plan Amendment and Rezone project (EG ) is located on real property in the incorporated portions of the City of Elk Grove more particularly described as Assessor Parcel Number(s) and -047; and WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code, et seq., requires that the City consider the environmental effects of a project before approving it; and WHEREAS, Title 14, Division 6, Chapter 3 of the California Code of Regulations (herein after the State CEQA Guidelines) Section (Projects Consistent with a Community, General Plan, or Zoning) states that projects which are consistent with the development density established by existing zoning or general plan policies for which an EIR was certified shall not require additional environmental review; and WHEREAS, the Planning Commission considered the Applicants request at a public hearing on November 17, 2011, and recommended the City Council find the project exempt from CEQA and approve the Lasher Auto Group Project; and WHEREAS, the proposed project is located adjacent to an auto mall in an urban portion of the City and is therefore not considered environmentally sensitive; and WHEREAS, all public utilities and services are available to the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk Grove hereby finds the Project exempt from the CEQA pursuant to Guidelines Section (Projects Consistent with a Community, General Plan, or Zoning) based on the following findings Findings: The proposed project is exempt from CEQA review under (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. Evidence: The proposed project is exempt from CEQA pursuant to State CEQA Guidelines Section (Projects Consistent with a Community Plan, General Plan, or Zoning). CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general 31 13

32 plan policies for which an EIR was certified shall not require additional environmental review. The proposed Specific Plan Amendment and Rezone is consistent with the Elk Grove General Plan land use designation of Commercial. Further, the certified General Plan EIR analyzed the commercial development of this property and its potential impacts. Therefore, the project qualifies for the identified exemption. Consequently, pursuant to the State CEQA Guidelines, no further environmental review is required for this project. PASSED AND ADOPTED by the City Council of the City of Elk Grove this day of December STEVEN M. DETRICK, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN HOBBS, INTERIM CITY ATTORNEY 32 14

33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE TO APPROVE A SPECIFIC PLAN AMENDMENT FOR THE THE LASHER AUTO GROUP PROJECT NO. EG SPECIFICALLY AFFECTING ASSESSOR PARCEL NUMBERS and -047 WHEREAS, the Planning Division of the City of Elk Grove received an application on August 24, 2011 requesting a Specific Plan Amendment and Rezone; and WHEREAS, the Lasher Auto Group Project (EG ) is located on real property in the incorporated portions of the City of Elk Grove more particularly described as Assessor Parcel Number(s) and -047; and WHEREAS, the Lasher Auto Group Project consists of amending the Specific Plan land use designations for the project site by reducing the SC designated property to approximately one acre and adding the AC designation to approximately 4.14 acres; and WHEREAS, the Lasher Auto Group Project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section of Title 14 of the California Code of Regulations (State CEQA Guidelines); and WHEREAS, the Planning Commission considered the Applicants request at a public hearing on November 17, 2011, and recommended the City Council approve the Lasher Auto Group Project; and WHEREAS, the City Council held a duly noticed public hearing as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Elk Grove approves the Amendments to the Laguna Ridge Specific Plan as illustrated in the attached Exhibit A, based on the following findings: Specific Plan Amendment - Laguna Ridge Specific Plan (LRSP) Section 9 Implementation & Administration Finding 1: Significant changes to the character of the community have occurred subsequent to the adoption of the Specific Plan which warrants amendments as requested. Evidence: Subsequent to adoption of the Specific Plan, significant changes to the character of the community have occurred. Specifically, the changes to the character of the community that have occurred consist of alterations in land use demand. This project is representative of the changes to the character of the community. The project site remains undeveloped designated as SC. However, the project site would be 33 15

34 developed if it were designated AC. This condition provides evidence that the demand for an auto oriented use on the site exceeds the demand for shopping center uses at this time and therefore consists of a change to the character of the community. The AC designation is further warranted because it allows the applicant expand their business operation to underutilized property that would otherwise remain undeveloped as SC. Therefore, the change in demand for use of the site is a significant change to the character of the community subsequent to adoption of the Specific Plan and the amendment is warranted. Finding 2: The requested amendment will benefit the Specific Plan Area and/or the City. Evidence: The proposed Specific Plan Amendment will enable the site to be developed with an auto commercial oriented use. The project site is undeveloped and there is no expected development that would comply with the SC standards. The requested amendment will enable development of the site with auto oriented uses thereby allowing the project site to be developed in an integrated fashion with adjacent property as part of the auto mall. The remaining acre of SC designated property will provide land that could continue to accommodate a variety of commercial uses. This land, and the variety of uses, will be able to serve the future residents in the residentially zoned land to the south of the project site as well as neighboring office districts. Therefore, the requested Amendment will meet the current market demands that will benefit future and existing developments. Finding 3: The amendment is consistent with the General Plan. Evidence: The General Plan contains goals, policies, and objectives to which all projects must adhere. Thus, the LRSP serves as the policy and regulatory document that implements the goals and policies of the General Plan. The LRSP recognizes that periodic amendments may be necessary in order to respond changing circumstances beyond the control of the Specific Plan (page 9-2). Such amendments include changes to the land use designations for the proposed projects. General Plan Land Use Policies LU-28 and LU-30 allows the LRSP to have discretion as to land use. Finding 4: The amendment will not adversely affect adjacent properties and can be properly serviced. Evidence: The proposed change to the land use designations will not adversely affect adjacent properties. Access to the remaining portion of the site designated for SC uses is still provided through an existing curb cut. No new land use types are proposed for the sites. All public services and utilities to serve the project would remain as identified for the LRSP. Finding 5: Where applicable, the physical constraints of the property area are such that the requested amendment is warranted

35 Evidence: The property is not physically constrained. The requested Specific Plan Amendment and Rezone leave adequate area for development to occur within the AC and SC designations. Therefore, physical constraints were not a justification for the requested amendments and the physical constraints consideration is not applicable. PASSED AND ADOPTED by the City Council of the City of Elk Grove this day of December STEVEN M. DETRICK, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN HOBBS, INTERIM CITY ATTORNEY 35 17

36 Exhibit A Existing Specific Plan Designation Proposed Specific Plan Designation 36 18

37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE AMENDING THE CITY OF ELK GROVE ZONING MAP FROM SC TO AC FOR THE LASHER AUTO GROUP PROJECT NO. EG SPECIFICALLY AFFECTING ASSESSOR PARCEL NUMBERS and -047 WHEREAS, the Planning Department of the City of Elk Grove received an application from the Lasher Auto Group (hereinafter referred to as the Applicant) on August 24, 2011 for a Specific Plan Amendment and Rezone; and WHEREAS, the project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as APNs and -047; and WHEREAS, the Applicant is requesting to Rezone approximately 4.14 acres from SC to AC while leaving approximately one acre of the southern property zoned SC; and WHEREAS, the proposed rezone of the properties is consistent with the zoning designations and density range proposed as part of the Laguna Ridge Specific Plan Amendment, provided that the City Council amends the Laguna Ridge Specific Plan to ensure compatibility; and WHEREAS, the proposed zoning implements the General Plan s policies and goals for orderly development that is adequately supported by public infrastructure and services; and WHEREAS, the Lasher Auto Group Project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section of Title 14 of the California Code of Regulations (State CEQA Guidelines); and WHEREAS, the Planning Commission considered the Applicants request at a public hearing on November 17, 2011, and recommended the City Council approve the Lasher Auto Group Project; and WHEREAS, the City Council is the appropriate authority to hear and take action on this project after a recommendation by the Planning Commission; and WHEREAS, the City Council held a duly noticed public hearing as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Elk Grove does ordain as follows: Section 1: Purpose and Authority The purpose of this Ordinance is to amend the City of Elk Grove Zoning Map as shown on the attached Exhibit A, incorporated herein by this reference

38 Section 2: Enactment of New Zoning The City Council hereby amends the City of Elk Grove Zoning Map for APNs and -047, as shown on attached in Exhibit A, incorporated herein by this reference. Section 3: No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 4: Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. Section 5: Effective Date and Publication This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within 15 days after its passage, a summary of the ordinance may be published at least five days prior to and fifteen (15) days after adoption by the City Council and a certified copy shall be posted in the office of the City Clerk, pursuant to GC 36933(c)(1). Finding: The proposed Zoning Amendment is consistent with the General Plan s goals, policies, and implementation programs. INTRODUCED: ADOPTED: EFFECTIVE: STEVEN DETRICK, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN HOBBS, INTERIM CITY ATTORNEY Date signed: 38 20

39 Exhibit A Existing Zoning Proposed Zoning 39 21

40 8401 Laguna Palms Way Elk Grove, California Tel: Fax: Dated: October 17, 2011 City of Elk Grove Planning Commission Notice of Public Hearing NOTICE is hereby given that on November 17, 2011, at 6:30pm, or as soon thereafter as the matter may be heard, the Planning Commission of the City of Elk Grove will hold a Public Hearing at the Elk Grove City Hall, located at 8400 Laguna Palms Way, Elk Grove, to consider the following application. LASHER AUTO GROUP SPECIFIC PLAN AMENDMENT AND REZONE (EG ) REQUEST: The applicant is requesting approval of a Specific Plan Amendment and Rezone of two properties in the Laguna Ridge Specific Plan. The Specific Plan Amendment and Rezone request proposes to change 4.14 acres from Shopping Center (SC) to Auto Commercial (AC) for the properties located at 8400 Auto Passage Drive and 8401 Lotz Parkway. The applicant proposes that approximately one-acre of the property located at 8401 Lotz Parkway, remain designated and zoned SC. Property Owner Sacramento Land and Farming Mark Nelson Pear Lane Wilton, CA Applicant Lasher Auto Group Mark Lasher 8575 Laguna Grove Dr. Elk Grove CA Location/APN: 8400 Auto Passage Drive (APN: ); and 8401 Lotz Parkway (APN: ) ZONING: Shopping Center (SC) ENVIRONMENTAL: The project is exempt from the provisions of CEQA under (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations. PROJECT PLANNER: Adam Petersen NOTICE REGARDING APPEALS Pursuant to of the Zoning Code, appeals of a final action by the Planning Director must be filed with the City Clerk no later than ten (10) calendar days after the day on which the final action was taken, along with the appropriate fee. NOTICE REGARDING CHALLENGES TO DECISIONS Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section and/or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, this public hearing. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (916) Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. For more information: Planning Commission Secretary (916) or skyles@elkgrovecity.org 40 22

41 Incorporated July 1, 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone: (916) Elk Grove, California Fax: (916) City of Elk Grove City Council NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, December 14, 2011, at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard, the Elk Grove City Council will conduct a public hearing at City Hall in the Council Chambers, 8400 Laguna Palms Way, Elk Grove, California, to consider the following matter: LASHER AUTO GROUP SPECIFIC PLAN AMENDMENT AND REZONE (EG ) The applicant is requesting approval of a Specific Plan Amendment and Rezone of two properties in the Laguna Ridge Specific Plan. The Specific Plan Amendment and Rezone proposes to change 4.14 acres from Shopping Center (SC) to Auto Commercial (AC). Approximately one-acre along the southern portion of the property located at 8401 Lotz Parkway would remain designated and zoned SC. The Planning Commission heard this project on November 17, 2011 and voted in the following manner: 1. A 5 to 0 vote to find the project Exempt from the California Environmental Quality Act (CEQA), and 2. A 5 to 0 vote to recommend approval of the Specific Plan Amendment and Rezone. OWNER: Sacramento Land and Farming Mark Nelson Pear Lane Wilton, CA APPLICANT: Lasher Auto Group Mark Lasher 8575 Laguna Grove Dr. Elk Grove CA PROJECT AND APN: ZONING: LOCATION 8400 Auto Passage Drive (APN: ); and 8401 Lotz Parkway (APN: ) Shopping Center (SC) ENVIRONMENTAL: The project is exempt from the provisions of CEQA under (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations. Information or questions regarding this item should be referred to Adam Petersen at (916) or to the Office of Development Services Planning, 8401 Laguna Palms Way, Elk Grove, California, All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City 41