COUNTY OF SACRAMENTO CALIFORNIA Control No.: PLNP2007-00537 Type: PMR TO: FROM: SUBJECT: SUBDIVISION REVIEW COMMITTEE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CHRIS BOTTIMORE TENTATIVE PARCEL MAP CONTACT: David Gieselman, Planner II, 874-6141; gieselmand@saccounty.net PROJECT DESCRIPTION ASSESSOR S PARCEL NOS.: 138-0180-002, 004 LOCATION: The property is located on the west side of Twin Cities Road, approximately 3000 feet east of Alta Mesa Road, in the Southeast community. (Supervisor District 5: Don Nottoli) APPLICANT/ENGINEER: Dick Varney Varney Land Surveys 2285 66 th Avenue Sacramento, CA 95822 OWNER: Christopher Bottimore 3231 Lerwick Road Sacramento, CA 95821 REQUEST: 1. A Tentative Parcel Map to divide approximately 88.53 gross acres into 3 parcels in the AG-20/AG-20(F) zones. ENVIRONMENTAL DOCUMENT: NEGATIVE DECLARATION
Overview: The proposed project consists of a Tentative Parcel Map to divide approximately 88.5 gross acres into three (3) lots in the AG-20/AG-20(F) zones, located on the west side of Twin Cities Road approximately 3,000 feet east of Alta Mesa Road, in the Southeast Community area. Summary of Significant Issues: Several vernal pools, seasonal wetlands and oak trees exist on the site. The proposed property boundaries, potential building sites and access road have all been configured so as to avoid any impacts to these environmentally sensitive areas. CPAC Recommendation: The Southeast Community Planning Advisory Council (CPAC) met on September 7, 2007 and recommended APPROVAL (5 ayes, 0 noes, 0 abstentions, 0 absences) of the proposed project. The Southeast CPAC provided no additional comments beyond the recommended approval of the project. Recommendations: Staff is recommending APPROVAL of the proposed project, with conditions. I. Location Map 3 II. Project Analysis 4 III. Staff Recommendations 7 IV. Attachments 13 V. Exhibits 14 VI. CPAC Referral 14 srplnp2007-00537 2
I. LOCATION MAP srplnp2007-00537 3
II. PROJECT ANALYSIS A. Adjacent Land Uses and Zoning: Existing Land Use Zoning and Community Plan Designations Subject Property Agriculture AG-20/AG-20(F) North Agriculture AG-80/AG-80(F) South Agriculture AG-20/AG-20(F) East Single-family Residential, Southern Pacific Railroad AG-20/AG-20(F) West Agriculture AG-80/AG-80(F) B. History/Background: County records indicate that on June 16, 1966, the area in which the subject property lies was originally zoned AG-20 (Exclusive Agricultural). On July 19, 1979, the Board of Supervisors adopted the Southeast Area Rezone which added a Flood Combining zone onto portions of the property, resulting in the current AG-20/AG-20(F) (Agricultural Holding Zone/Flood Combined) zoning designation. (ZMA 3997, SZC 79-34) C. Project Description: The applicant requests approval of a Tentative Parcel Map to split approximately 88.5 gross acres into three (3) lots in the AG-20/AG-20(F) zones. The subject property is currently configured as two lots one, approximately 79.5 acres, is located to the northwest; and another smaller lot of approximately 9 acres is located to the southeast adjacent to the Southern Pacific Railroad. The proposed map would effectively move the existing property boundary further north and establish a second property line as well, resulting in three total lots. The two northernmost parcels will be approximately 20 gross acres and the third, larger parcel will be approximately 48.5 gross acres. Earlier versions of the map showed a 4-lot split; however, the existence of a seasonal wetland area in the southern area of the property posed constraints on the possible lot configurations. Consequently, the applicant later submitted a revised map proposing a 3-lot configuration in which the seasonal wetland area was clearly avoided. The subject property also has 18 existing vernal pools scattered throughout the site. All locations on the property identified as potential home building sites are outside the required 250-foot buffer area of the vernal pools. D. Consistency with General Plan and/or Community Plan: 1. General Plan: The subject site lies within an area designated General Agriculture (20 ac) on the General Plan Land Use Diagram. The proposed parcels are all at least 20 gross acres in size, which is consistent with the General Agriculture (20 ac) General Plan designation. srplnp2007-00537 4
2. Community Plan: No community plan has been adopted for the Southeast Community area. E. Neighborhood Compatibility: The lot sizes proposed in the Tentative Parcel Map are 20 acres and 48.5 acres in size. Many existing lots in the vicinity are similar in size to the proposed lots, including three 20-acre lots and one 30-acre lot to the east, a 17-acre lot adjacent to the south, a 58-acre lot further to the south and a 31-acre lot to the southwest. Other lots in the area vary wildly in size, ranging from 2.5 acres to 513 acres. In 1982, a Tentative Parcel Map was requested for the property located directly adjacent to the east (Planning Control No. 82-PM-0030). That project proposed the split of a 60-acre lot into one 40-acre lot and one 20-acre lot and was approved by the Subdivision Review Committee on July 27, 1982. Land uses in the vicinity include single-family residential, agricultural, and vacant lots. The proposed parcels will have mainly single-family residential uses, with one possible building site indicated on each of the proposed lots. Considering that the current request is very similar to a previously-approved map, that the proposed lot sizes are very similar to those in the project vicinity, and that the land uses proposed in the current request are the same as those in the surrounding area, staff has determined that the requested Tentative Parcel Map is consistent with the predominant pattern of development in the area. F. Traffic, Access and Circulation Issues: A single 20-foot wide graded private access road along the eastern property boundary will connect the proposed lots to Laguna Road to the north. The Sacramento County Department of Transportation (SacDOT) has reviewed the project and has no comments at this time. The California Department of Transportation (CalTrans) has reviewed the project and has no comments as long as the access for all proposed parcels is taken from Laguna Road and no access is taken from Twin Cities Road; any access to the property from Twin Cities Road would require a CalTrans Encroachment Permit due to the existing Southern Pacific Railroad which runs between the property and Twin Cities Road. The Sacramento County Land Division and Site Improvement Review (LDSIR) has reviewed the project and provided conditions of approval relating to construction and maintenance of the private access road, and requiring an Irrevocable Offer of Dedication for Laguna Road. LDSIR conditions have been entered into Section IV of this report. No issues related to traffic, access or circulation have been identified as of this writing. G. Air Quality: No issues identified at the time of this writing. H. Drainage and Grading Issues: The subject site is located in FEMA Flood Zone A, which is described as an area with a one percent (1%) annual chance of flooding and a twenty-six percent (26%) chance of flooding over the life of a 30-year mortgage. The watershed for the area is Laguna Creek (south of Cosumnes). The Sacramento srplnp2007-00537 5
County Department of Water Resources (DWR) has reviewed the application and provided conditions of approval relating to compliance with the Sacramento County Floodplain Ordinance, the Sacramento County Water Agency Code and the Sacramento Count Improvement Standards. DWR conditions have been entered into Section IV of this report. No significant issues related to drainage or grading have been identified as of this writing. I. Public Sewer and Water Service Issues: Both the Sacramento Area Sewer District (SASD) and the Sacramento Regional County Sanitation District (SRCSD) have reviewed the project application. The subject property is outside SASD and SRCSD boundaries, as well as the Urban Service Boundary, and no sewer service to the property is available. The areas of the property marked as possible building sites have soils identified as Redding gravelly loam and San Joaquin silt loam. These soils are considered severe for septic tank absorption fields, severe defined as soil properties or site features so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance will be required. A condition requiring Environmental Management Department (EMD) approval for any on-site waste disposal facilities has been added to Section IV of this report. Regarding water service, all Bureau of Reclamation contracts for public water in the site area were ended in 1989, so this portion of the county relies on groundwater for water supply. (The closest available connection to public water is in the City of Galt, a distance of approximately 4 miles from the subject property.) Water supply for any subsequent development of the site will be by new groundwater wells. A condition requiring EMD approval for any private water well installation has been entered into Section IV of this report. No issues related to public sewer or water service have been identified as of this writing. J. Noise Issues: The requested tentative parcel map will result in three (3) lots with the intended use being single-family residential. The effect of any additional traffic resulting from the proposal is not considered significant, as SacDOT has reviewed the application and has no comments. Also, many lots in the area have single-family residential uses so the request presents no uses not already existing in the area. Similarly, since the land uses in the surrounding area are all agricultural, singlefamily residential or vacant, there are no existing sources of noise that are expected to adversely impact the proposed project. No issues related to noise have been identified as of this writing. K. Biological and Cultural Resource Issues: Several seasonal wetland areas and vernal pools exist on the property. Because determinant species surveys were not conducted for this project, vernal pool special status species are presumed to be present and a 250-foot setback (buffer) from the vernal pools is recommended by the U.S. Fish and Wildlife Service. Because of the location of the vernal pools and the configuration of the resulting buffer area, and the minimum 20-acre proposed lot srplnp2007-00537 6
size, each lot will contain adequate buildable area outside of the vernal pool buffers. Further, with mitigation, no issues or significant impacts related to biological and cultural resources are expected to result from the project. For further discussion of biological resources on the subject property, please refer to the environmental document for this project (Negative Declaration). L. Tree Issues: 14 oak trees exist in the extreme northwest corner of the property. Project-related development must be located outside the 100-year flood plain (as indicated on the submitted Tentative Parcel Map) and all of the on-site oak trees are located within the 100-year floodplain. Because the closest possible building site is approximately 400 feet from the oak trees, the impacts to the oaks are expected to be less than significant. No tree issues identified at the time of this writing. M. Community Outreach: It is Sacramento County policy to encourage applicants to conduct community outreach for projects prior to or concurrent with the filing of a planning application, and to provide a written description of the outreach. Public notification for the proposed project consists of the County of Sacramento s mailing of hearing notices to owners of property located within a 500-foot radius of the subject site, as well as the physical posting of project information adjacent to the property along Laguna Road. No comment letters were received from neighbors or community members, and the Department of Neighborhood Services received no public comment green cards for this project. The Southeast Community Planning Advisory Council (CPAC) met on September 7, 2007 and recommended approval (5 ayes, 0 noes, 0 abstentions, 0 absences) of the proposed project. The Southeast CPAC provided no additional comments beyond the recommended approval of the project and no community members who were in attendance at the CPAC meeting provided any comments on the project. III. STAFF RECOMMENDATIONS The requested Tentative Parcel Map is consistent with the predominant pattern of development in the project area. No significant issues related to traffic, access, circulation, drainage and grading, air quality, noise, biological and cultural resources, public sewer and water service, or trees are expected to result from this project. Adequate public outreach and notification have been performed, and the Southeast CPAC voted unanimously to recommend approval of the project. For these reasons, staff recommends APPROVAL of this proposal. srplnp2007-00537 7
A. Recommended Actions: 1. Environmental Documentation: Determine that the environmental analysis is adequate and complete and that the NEGATIVE DECLARATION is appropriate. 2. Tentative Parcel Map: APPROVE the requested Tentative Parcel Map (Exhibit A ), as requested, subject to the findings listed in Section III.B and the conditions listed in Section IV of this report. 3. Mitigation Monitoring and Reporting Program: ADOPT. B. Recommended Findings: The staff recommendations are based upon the following considerations: 1. The request is consistent with the County General Plan Map (General Plan Designation) and Text in that no conflicts have been identified. 2. The proposed development will conform to applicable Zoning Code regulations (Zoning Code Sections 205-01 through 205-09). 3. Identified environmental effects and suggested mitigation measures have been taken into consideration in the recommended actions and conditions of approval. 4. Staff has identified no effects from the proposal which would result in a significant detrimental impact on adjoining or neighboring properties if the conditions, as recommended by staff, are adopted. 5. The proposed lots will conform to the Zoning Code as to size, frontage and width requirements. 6. The proposed lots will be compatible with the predominant neighborhood pattern of development. 7. All required findings as set forth in the State Map Act and the County Land Development Ordinance can be made in the affirmative. C. Recommended Conditions: On April 16, 2009 the Project Review Committee considered the applicant s request for a Tentative Parcel Map. The applicant s representative, Dick Varney, agreed with the conditions listed in the staff report. A srplnp2007-00537 8
condition was modified and another condition was added as requested by staff form the Environmental Management Department (EMD) relative to on-site wells and septic systems. Any approval of the Tentative Parcel Map shall be subject to the following conditions: 1. The development approved by this action is for 3 lots in substantial compliance with Exhibit 1 (Tentative Parcel Map). 2. This action does not relieve the applicant of the obligation to comply with all ordinances, statutes, regulations and procedures. Any required subsequent procedural actions shall take place within 36 months of the date on which the permit became effective or this action shall automatically be null and void. 3. Minimum pad/floor elevations shall be required pursuant to the Sacramento County Floodplain Management Ordinance. 4. Before submitting Improvement Plans, the consulting engineer shall submit a signed Plan Submittal Take-In Checklist found at <www.saccounty.net> search: DEPARTMENT OF WATER RESOURCES PLAN SUBMITTAL TAKE-IN CHECKLIST. 5. Provide a floodplain easement pursuant to the Sacramento County Floodplain Management Ordinance, Sacramento County Water Agency Code, and Sacramento County Improvement Standards. 6. Provide onsite driveway culverts in accordance with Sacramento County Improvement Standards. 7. There shall be no net loss of storage for any fill placed within the 100-year floodplain without in-kind excavation. 8. Flood resistant materials shall be used below the 100-year floodplain. 9. Fencing installed in the floodplain shall be open style allowing the passage of water. Fencing in the floodway shall be limited to three-board or three-wire style. 10. Incorporate stormwater quality measures in conformance with applicable County ordinances and standards, and state and federal law. The project may implement low impact development design pursuant to and consistent with the Stormwater Quality Design Manual for the Sacramento & South Placer Regions, which may be downloaded from srplnp2007-00537 9
<http://www.sacramentostormwater.org/ssqp/development.asp>. Such implementation may be able to reduce the stormwater quality treatment requirement. 11. The subject property is located outside the Sacramento Area Sewer District (SASD) and Sacramento Regional County Sanitation District (SRCSD) boundaries and outside the Urban Service Boundary, and will not be provided sewer service by SASD or SRCSD. Environmental Management Department approval will be required for the on-site waste disposal facilities, if needed. 12. The area of the parcel requires that a 40-foot pit area be provided for the purposes of determining the issuance of a sewage disposal permit. A permit for onsite sewage disposal systems must be obtained from EMD prior to the issuance of building permits on all parcels. 13. An individual water well must be drilled under permit from EMD as the water source for each parcel. 14. Grant the County an Irrevocable Offer of Dedication (IOD) on Laguna Road based on a 60-foot standard pursuant to the Sacramento County Improvement Standards. 15. Dedicate a standard 12.5-foot Public Utility Easement for overhead and underground facilities and appurtenances adjacent to the IOD. 16. Construct the private road to the satisfaction of the local fire district, including adequate turnaround facilities at the end of the private road. 17. Record a maintenance agreement involving all the parcels of the subject map assuring timely maintenance of the private road. 18. Any access to the property taken from Twin Cities Road will require a CalTrans Encroachment Permit. Contact Julio Elvir of the CalTrans Permits department at (530) 741-4204 regarding construction of the private access road from Laguna Road. CalTrans shall be informed of any further action regarding this project relating to access and roads. 19. Where the proposed private access road passes into proposed Parcel 3, the access road shall be equally distant from vernal pools V13 and V14 (as shown on the site plan) as much as is reasonably possible. 20. The Improvement Requirement Certificate shall contain an indication that private septic systems and private wells are allowed. srplnp2007-00537 10
Environmental Mitigation Measures: Comply with the Mitigation Monitoring and Reporting Program (MMRP) for this project as follows: 21. Mitigation Measure A: Seasonal Swale Avoidance In order to minimize indirect impacts to the wetlands associated with seasonal swales 1 and 3, temporary construction fencing shall be installed between the wetlands and the proposed project-related development areas. The fencing shall be placed a minimum of 50-feet from the wetland habitat associated with these swales except where access improvements are proposed near the eastern property line of Parcel 1. At this location, protective fencing and silt barriers shall be placed a maximum of one foot outside the work area as shown in Plate IS-6 of the Initial Study prior to the start of any construction activity on the property, including clearing and grading. This fencing shall be maintained until completion of all construction activity. Additional sediment control devices shall be installed, as needed, to augment the silt barriers. Examples of sediment control devices include silt fences and straw wattles. This does not preclude the need for, nor replace, other erosion control best management practices (BMPs) required by the Sacramento County Erosion Control Ordinance. Encroachment within the seasonal wetland buffer areas beyond what is detailed above will be permitted only if appropriate permit(s) have been obtained from the U.S. Army Corps of Engineers and, further, any wetland loss not mitigated at a minimum one to one (1:1) through the Corps Permitting process is compensated through payment into the County s Wetlands Restoration Trust Fund, consistent with General Plan Policy CO-96. 22. Mitigation Measure B: Vernal Pool Avoidance In order to minimize indirect impacts to the vernal pools on the project site, temporary construction fencing shall be installed between the pools and the proposed construction areas for any project-related development. The fencing shall be placed a minimum of 250 feet from the vernal pool habitat except where access improvements are proposed between vernal pools 13 and 14. At this location, protective fencing and silt barriers shall be placed a maximum of one foot outside the work are as shown in Plate IS-6 of the Initial Study prior to the start of any construction activity on the property, including clearing and grading. This fencing shall be maintained until completion of all construction activity. Additional sediment control devices shall be installed, as needed, to augment the silt barriers. Examples of sediment control devices include silt fences and straw wattles. This does not preclude the need for nor replace other erosion control best management practices (BMPs) required by the Sacramento County Erosion Control Ordinance. srplnp2007-00537 11
Encroachment within the seasonal wetland buffer areas beyond what is detailed above will be permitted only if appropriate permit(s) have been obtained from the U.S. Army Corps of Engineers and, further, any wetland loss not mitigated at a minimum one to one (1:1) through the Corps Permitting process is compensated through payment into the County s Wetlands Restoration Trust Fund, consistent with General Plan Policy CO-96. Prior to any construction activities on site, all construction personnel shall receive vernal pool sensitive habitat training by a biological monitor that describes the sensitivity of vernal pools and federally listed large branchiopods. Written documentation indicating that sensitive habitat training has been performed shall be submitted to DERA for review prior to construction. 23. Mitigation Measure C: Raptor Nest Survey If construction, grading, or project-related improvements are to occur between March 1 and September 15, a focused survey for Swainson s hawk and other raptor nests on the site and on nearby trees shall take place within ½ mile of the project site and shall be conducted by a qualified biologist within 14 days prior to the start of construction work (including clearing and grading). If active nests are found, the California Department of Fish and Game (CDFG) shall be contacted to determine appropriate protective measures. If no active nests are found during the focused survey, no further mitigation will be required. 24. Mitigation Measure D: Burrowing Owl Nest Survey Prior to construction activity (including site improvements and building construction), a focused survey shall be conducted by a qualified biologist for burrowing owls where suitable habitat is present in the project area. Suitable habitat includes agricultural field margins, drainage ditches, and fallow fields. Surveys shall be conducted no less than 14 days and no more than 30 days prior to commencement of construction activities. Surveys shall be conducted in accordance with CDFG protocol (CDFG 1995). If no occupied burrows are found in the survey area, a letter report documenting survey methods and findings shall be submitted to the County and no further mitigation is necessary. If an occupied burrow is found, the applicant shall contact the Department of Environmental Review and Assessment (DERA) and consult with the CDFG, prior to construction, to determine if avoidance is possible or if burrow relocation will be required. If owls are to remain on-site, a minimum of 6.5 acres of foraging habitat for each occupied burrow needs to be permanently preserved according to CDFG guidelines. srplnp2007-00537 12
In order to avoid direct impacts to owls, no activity shall take place within 160 feet of an active burrow from September 1 to January 31 (wintering season) or 250 feet from February 1 through August 31 (breeding season). Protective fencing shall be placed, at the distances above, around the active burrows and no activity shall occur within the protected buffer areas. Any impact to active owl burrows, relocation of owls or mitigation for habitat loss shall be done in accordance with CDFG guidelines. Written evidence from CDFG staff shall be provided to DERA attesting to the permission to remove burrows, relocate owls, mitigate for lost habitat, and provided a method for preservation habitat in perpetuity. 25. Mitigation Measure E: Cultural Resources Should any cultural resources, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains be encountered during any development activities, work shall be suspended and DERA shall be immediately notified by calling (916) 874-7914. At that time, DERA will coordinate any necessary investigation of the find with appropriate specialists as needed. The project proponent shall be required to implement any mitigation deemed necessary for the protection of the cultural resources. In addition, pursuant to Section 5097.97 of the State Public Resources Code and Section 7050.5 of the State Health and Safety Code, in the event of the discovery of human remains, all work is to stop and the County Coroner shall be immediately notified. If the remains are determined to be Native American, guidelines of the Native American Heritage Commission shall be adhered to in the treatment and disposition of the remains. Mitigation Measure Compliance: Comply with the MMRP for this project as follows: 26. The project proponent shall comply with the MMRP for this project, including the payment of a fee to cover the DERA staff costs incurred during implementation of the MMRP. The MMRP fee for this project is $2,100.00. This fee includes administrative costs of $600.00 27. Until the MMRP has been recorded and the administrative portion of the MMRP fee has been paid, no final parcel map for the subject property shall be approved. Until the balance of the MMRP fee has been paid, no encroachment, grading, building, sewer connection, water connection or occupancy permit from Sacramento County shall be approved. IV. ATTACHMENTS A. Context Photos (5) srplnp2007-00537 13
V. EXHIBITS 1. Tentative Parcel Map VI. CPAC REFERRAL This staff report was prepared on April 3, 2009. This staff report was updated on May 7, 2009. srplnp2007-00537 14