city of elk grove city council ... - elk grove, california€¦ · the california subdivision map...

AGENDA ITEM NO. 8.19

CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

AGENDA TITLE: Adopt resolution authorizing the City

Manager to execute the Subdivision Improvement Agreement and Payment Agreement for In-Lieu Frontage Improvement Fees; and approving the Final Map for Subdivision 13-016.01, Sheldon Park Estates North Unit 1

MEETING DATE: September 23, 2015 PREPARED BY: Ray Manger, Land Surveyor DEPARTMENT HEAD: Darren Wilson, PE, Development Services RECOMMENDED ACTION: Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the Subdivision Improvement Agreement and Payment Agreement for In-Lieu Frontage Improvement Fees and approving the Final Map for Subdivision 13-016.01, Sheldon Park Estates North Unit 1 and. BACKGROUND INFORMATION: On May 28, 2014, the City of Elk Grove (City) approved the Sheldon Park Estates Subdivision Project (EG-13-016) at the northeast corner of Sheldon and Waterman Roads for Capitol Realtors, Inc. (Owner). This map was approved with 45 residential, 2-acre lots and 1 remainder lot. The remainder lot was conditioned for over 1,200 feet of new public trail for the orderly development of the surrounding areas.

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Elk Grove City Council September 23, 2015 of 5 Consistent with the previously-approved Tentative Map, a Final Map for Subdivision No. 13-016.01, Sheldon Park Estates North Unit 1 is being submitted for approval by the Owner. The Final Map consists of 16 residential lots and three landscape lots along Sheldon Road. This is the first phase of the previously-approved Tentative Map. This Final Map (Exhibit A to Attachment 1) has been examined and checked for compliance with Title 22 of the Elk Grove Municipal Code and the California Subdivision Map Act. Under State law, a legislative body may not deny approval of a final map if it finds that the proposed final map is in substantial compliance with the previously approved tentative map and map conditions (Gov. Code §§ 66473, 66474.1). If the City Council decides to disapprove the Final Map for lack of substantial compliance with the approved tentative map, the City Council must identify the requirements or conditions that have not been met (Gov. Code §§66473). The City Engineer has determined that the Final Map and the location and configuration of the lots created by this Final Map substantially comply with the previously-approved Tentative Map. Therefore, staff recommends that the City Council approve the proposed Final Map. The Sacramento County Tax Collector has certified that there are no delinquent taxes against this property. The taxes for 2014-2015 have been paid and a bond has been posted for the 2015-2016 taxes. A Subdivision Improvement Agreement for the necessary improvements that are required for this subdivision is included as Attachment 2. The security for this agreement is a deed of trust on a parcel of raw land. As this is not the typical type of security the City receives with a majority of projects, the security is explained in more detail below. In addition, Condition of Approval No. 27 requires an in-lieu payment be made for the construction of the frontage improvements along Sheldon Road. The total cost of these improvements is $238,860. Staff has agreed to allow this payment to be pro-rated on a per-lot basis for each phased final map. The Owner has entered into a Payment Agreement (Attachment 3) by paying upfront the cost for Unit 1 in the amount of $84,923 and securing the remaining amount of $153,937 by the deed of trust as detailed below. All other applicable conditions of approval relating to the Final Map have been satisfied.

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Elk Grove City Council September 23, 2015 of 5 IMPROVEMENT AND PAYMENT SECURITY: When Final Maps are submitted for approval by City Council, they are accompanied by a Subdivision Improvement Agreement guaranteeing the completion of the installation of the required improvements for that subdivision. The security posted for those improvements is typically in the form of bonds approved by the City. For this Final Map, the owner has instead pledged a deed of trust, with the City as beneficiary, on a 40-acre parcel of raw land (Property), located in another part of the City. The deed of trust is included as Exhibit A to the Subdivision Improvement Agreement (SIA). This type of improvement security is allowed pursuant to section 66499 of the Government Code and Section 22.80.005 of Elk Grove Municipal Code (EGMC). The Property being offered as security is located on the south side of a 2-acre minimum rural residential subdivision at the south end of Country Hill Drive, which intersects with Sheldon Road and is shown on Exhibit C to the SIA. The Property is zoned RD4 and RD5, along with a portion being Open Space. The General Plan designation is Rural Residential (2-acre minimum). A small portion of the Land in the southwest corner is within the 100 year FEMA flood zone. The Land has access to Country Hill Drive and a second point of access to Elk Grove Florin Road through an Irrevocable Offer of Dedication through the adjoining parcel to the east. The adjoining property to the east has been used as a land fill as indicated by a Certificate of Compliance-Parcel Map Waiver recorded in Book 19910219 Page 668, Official Records of Sacramento County. The document indicates the County Health Department will have some requirements that need to be met prior to development of that parcel, which may or may not affect the value of and the development of the Property. Staff has reviewed a title report for the Land to ensure the City will be in the first position. When the City is seeking to purchase a parcel of land, the City requires an appraisal and a Phase 1 environmental review. Neither of these items were completed on the Property since the City is not acquiring land, but only recording a lien against it. In addition, a soils report has not been prepared for the Property.

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Elk Grove City Council September 23, 2015 of 5 The value of this Property is based on a reasonable assumption that it is easily developable land with an estimated value of $40,000 to $50,000 per acre. That value assumes the Property can easily be entitled and developed. Based on those amounts, Staff estimates the value of the Property at roughly $1.6 million to $2.0 million. The amount of money required to secure the interior improvements of the subdivision is $667,971. Also included in the security is the amount of $153,937 to secure the remainder of the cost of the frontage improvements along Sheldon Road. Therefore, the total amount of required security is $821,908, which places a debt on the deed of trust well below the estimated land value. This is not the most-preferred way to secure the Agreement and frontage improvement In-lieu fees as it brings with it a number of issues, some of which are outlined below:

1. In order to perfect the monies from the Property security, the City will need to foreclose on the trust deed. Such a process could potentially be long and costly. Additional monies have been added to the cost estimate for the improvements to offset at least some of the potential additional costs as provided for in the EGMC.

2. Other debtors could potentially take a priority position in front of the City’s trust deed regardless of the current title. This includes property taxes bonded for 2015-2016, which would become a new lien as of January 1, 2016 for the tax years 2016 -2017. Any future federal tax liens would also take the City out of the first position.

3. The value of the Land could drop significantly. This could be similar to what happened in the 2008 real estate market, leaving the City with a lien on a parcel that would be difficult to sell or that does not have enough value to cover the secured obligations.

4. The Rural Residential designation is not as desirable as a parcel zoned RD-4 or RD-5 for development.

5. Since a Phase 1 environmental has not been completed, nor will a soils report be prepared for the Property, the City will not know what may or may not affect the development of the Property and what that

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Elk Grove City Council September 23, 2015 of 5

might encompass should the City have to foreclose on the Land and take possession.

In conclusion, although there appears to be adequate security with the deed of trust, there are some risks associated with accepting this form of security with the approval of this Final Map. ENVIRONMENTAL: This action by the City Council is exempt under the California Environmental Quality Act (CEQA); Statutory Exemptions, Section 15268, (b) (3) Ministerial Projects, approval of final subdivision maps. Therefore, no further environmental review is required. Upon approval of this Final Map by City Council, a Notice of Exemption, (Exhibit B to Attachment 1), will be filed with the County Clerk of the County of Sacramento. FISCAL IMPACT: There may be fiscal impacts to the City in the future. If the developer defaults on completing the remainder of the improvements, and the City has to foreclose to pay the contractor, the City may have to extend funds to the contractor among others while waiting for the pending foreclosure action. The source of these funds may include the City’s General Fund. ATTACHMENTS:

1. Resolution a. Final Map b. Notice of Exemption

2. Subdivision Improvement Agreement a. Exhibit A – Deed of Trust b. Exhibit B – Property Description

3. Payment Agreement for In-Lieu Frontage Improvement Fees 4. Project Location Map

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ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION

IMPROVEMENT AGREEMENT AND PAYMENT AGREEMENT FOR IN-LIEU FRONTAGE IMPROVEMENT FEES AND APPROVING THE FINAL MAP FOR

SUBDIVISION NO. 13-016.01, SHELDON PARK ESTATES NORTH UNIT 1

WHEREAS, the City of Elk Grove (City) approved the Tentative Map for Sheldon Park Estates Project (EG-13-016) on May 28, 2014; and

WHEREAS, consistent with the approved Tentative Map, Capitol Realtors, Inc.,

submitted to the City for approval a Final Map for Subdivision No. 13-016, Sheldon Park Estates North Unit 1, which is the first phase of the previously-approved Tentative Map; and

WHEREAS, staff has reviewed the proposed Final Map and finds it to be

technically correct and that all applicable Final Map conditions of approval have been substantially satisfied; and

WHEREAS, a Subdivision Improvement Agreement is required for this map

which has been approved by the City Attorney and a deed of trust has been placed on a 40-acre parcel of land, with the City as beneficiary, as security for the construction of the required improvements; and

WHEREAS, a Payment Agreement for In-Lieu Frontage Improvement Fees is

required to substantially comply with Condition 27 of the Tentative Map and WHEREAS, the City has determined that the Final Map is statutorily exempt from

the California Environmental Quality Act (CEQA) Statutory Exemptions, Title 14 of the California Code of Regulations Section 15268(b)(3) Ministerial Projects, approval of final subdivision maps and a Notice of Exemption is attached hereto; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk

Grove as follows: 1. The location and configuration of the lots to be created by Subdivision No.

13-016.01, Sheldon Park Estates North-Unit 1 substantially comply with the previously-approved Tentative Map; and

2. The Final Map is categorically exempt from the California environmental Quality Act (CEQA), Statutory Exemptions, Title 14 of the California Code of Regulations Section 15268(b)(3) Ministerial Projects, approval of final subdivision maps; and

3. Directs the City Manager to execute the Subdivision Improvement Agreement and Payment Agreement for In-Lieu Frontage Improvement Fees.

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4. The City Council of the City of Elk Grove, pursuant to Government Code Section 66458, hereby approves the Final Map for Subdivision No. 13-016.01, Sheldon Park Estates North Unit 1, a copy of which is hereby attached as Exhibit A and made part of this Resolution; and directs the City Clerk to transmit the Final Map to the County Recorder of the County of Sacramento for filing and transmit the Notice of Exemption attached hereto as Exhibit B to the County Clerk of Sacramento County for filing.

PASSED AND ADOPTED by the City Council of the City of Elk Grove this 23rd

day of September 2015.

GARY DAVIS, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS, CITY ATTORNEY

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SUBDIVISION NO. 13-016.01SHELDON PARK ESTATES NORTH - UNIT 1

A PORTION OF THE SOUTHWEST ONE-QUARTEROF SECTION 20, TOWNSHIP 7 NORTH,

RANGE 6 EAST, M.D.B. & M.CITY OF ELK GROVE STATE OF CALIFORNIA

SEPTEMBER, 2015

TASK ENGINEERING, INC. Sheet 1 of 4

NOTARY ACKNOWLEDGEMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHOSIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OFTHAT DOCUMENT.

STATE OF CALIFORNIA )COUNTY OF _______________________________________ )

ON _____________________________ , BEFORE ME _______________________________________________________________________DATE HERE INSERT NAME AND TITLE OF THE OFFICER

PERSONALLY APPEARED______________________________________________________________________________________________,NAME(S) OF SIGNER(S)

____________________________________________________________________________________________________________________,

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TOTHE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZEDCAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OFWHICH PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OFTHE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPHIS TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL.

SIGNATURE__________________________________________PRINTED NAME__________________________________________

MY PRINCIPAL PLACE OF BUSINESS IS __________________________________________________________________________

MY COMMISSION EXPIRES _________________________________________________

OWNER'S STATEMENT

THE UNDERSIGNED HEREBY CONSENT TO THE PREPARATION AND FILING OF THIS FINAL MAP SUBDIVISION NO. 13-016.01 , SHELDONPARK ESTATES NORTH - UNIT 1 AND OFFERS FOR DEDICATION AND DOES HEREBY DEDICATE THE FOLLOWING:

THE REAL PROPERTY DESCRIBED BELOW IS GRANTED IN FEE SIMPLE TO THE CITY OF ELK GROVE:

LOTS A, B AND C

THE FOLLOWING ARE DEDICATED AS EASEMENTS;

TO THE CITY OF ELK GROVE FOR PUBLIC USE DASANI WAY, PENTA WAY, AQUAFINA COURT, AND SHELDON ROAD WITHIN THEBOUNDARIES OF THE MAP SHOWN HEREON FOR PUBLIC STREET PURPOSES, SUBJECT TO IMPROVEMENT.

EASEMENT FOR PUBLIC UTILITY FOR THE INSTALLATION AND MAINTENANCE OF ELECTROLIERS, TRAFFIC CONTROL DEVICES, WATERAND PIPES, AND FOR UNDERGROUND WIRES AND CONDUITS FOR ELECTRICAL, TELEPHONE AND TELEVISION SERVICES, TOGETHERWITH ANY AND ALL APPURTENANCES PERTAINING THERETO, ON, OVER, UNDER AND ACROSS THOSE STRIPS OF LAND TWENTY FIVEFEET IN WIDTH LYING ADJACENT TO PUBLIC STREETS AS SHOWN HEREON AND DESIGNATED AS "PUBLIC UTILITY EASEMENT" (P.U.E.).

A RIGHT OF WAY AND DRAINAGE EASEMENT FOR THE PURPOSE OF DIGGING, CONSTRUCTING, RECONSTRUCTING, REPAIRING, ANDFOREVER MAINTAINING THEREON A DRAINAGE CANAL, DITCH, OR PIPELINE FOR DRAINAGE PURPOSES, TOGETHER WITH THE SPOILBANKS AND APPURTENANT STRUCTURES THEREOF OVER THAT CERTAIN REAL PROPERTY SHOWN HEREON AND DESIGNATED"DRAINAGE EASEMENT" (D.E.).

THE FOLLOWING IS A DEDICATION OF ACCESS RIGHTS:

THE EXCLUSIVE RIGHT OF VEHICULAR INGRESS AND / OR EGRESS IS GRANTED TO THE CITY OF ELK GROVE ACROSS THE LOT LINESSHOWN HEREON AND DESIGNATED "NO INGRESS OR EGRESS LINE" ( ' ' ' ' ' ' ' ')

THE FOLLOWING IS A DEDICATION OF BUILDING RESTRICTIONS:

WE HEREBY DEDICATE TO THE CITY OF ELK GROVE THE RIGHT TO RESTRICT THE CONSTRUCTION OF BUILDINGS OR OTHERSTRUCTURES INCLUDING BUT NOT LIMITED TO POOLS, SPAS, PLAY EQUIPMENT, DECKS, PATIOS, AND OTHER PHYSICALIMPROVEMENTS OTHER THAN BUILDING FENCING IN THOSE AREAS DESIGNATED WETLANDS CONSERVATION OPEN SPACE.

CAPITAL REALTORS, INC., PROFIT SHARING PLAN, OWNER.

BY _________________________ BY _________________________

____________________________ ____________________________PRINT NAME AND TITLE PRINT NAME AND TITLE

CITY ENGINEER'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF SUBDIVISION NO. 13-016.01 OF SHELDONPARK ESTATES NORTH - UNIT 1 AND FIND THAT IT SUBSTANTIALLY COMPLIES WITH THE TENTATIVE MAPAPPROVED BY THE CITY COUNCIL OF THE CITY OF ELK GROVE ON MAY 28, 2014, AND ANY APPROVEDALTERATIONS THEREOF; THAT ALL APPLICABLE PROVISIONS OF THE SUBDIVISION MAP ACT AND LOCALORDINANCES HAVE BEEN COMPLIED WITH.

DATE_______________ __________________________________RICHARD W. SHEPARDCITY ENGINEER, CITY OF ELK GROVER.C.E. NO. 35439REGISTRATION EXPIRES: 09-30-17

ENGINEER'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY INCONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE ATTHE REQUEST OF CAPITOL REALTORS INC. PROFIT SHARING PLAN IN JULY 2014. I HEREBY STATE THATTHIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP; THATTHE MONUMENTS WILL BE OF THE CHARACTER AND WILL OCCUPY THE POSITIONS INDICATED AND WILLBE SET UPON THE COMPLETION OF THE REQUIRED SUBDIVISION IMPROVEMENTS ON OR BEFOREJANUARY 2017; AND THAT SAID MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BERETRACED AND TIE NOTES TO ALL CENTERLINE MONUMENTS WILL BE PROVIDED TO THE CITY OF ELKGROVE PRIOR TO THE ABOVE DATE.

TOTAL AREA OF THIS SUBDIVISION IS 35.992 +/- ACRES, CONSISTING OF 16 RESIDENTIAL LOTS TOTALING27.540 +/- NET ACRES, 4.178 +/- ACRES OF PRESERVED WETLANDS, 3 MISCELLANEOUS LOTS TOTALING0.506 +/- ACRES AND STREETS TOTALING 7.946+/- ACRES.

DATED _____________________________________

___________________________________________TERRY A. ROSERCE 21640 EXP. 09-30-2017

RECORDER'S STATEMENT

FILED THIS __________ DAY OF __________________________ , 2015, AT __________ ___. M.

IN BOOK ________________ OF MAPS, AT PAGE _______________, AT THE REQUEST OFTASK ENGINEERING, INC.

TITLE TO THE LAND INCLUDED IN THIS FINAL MAP BEING VESTED AS PER CERTIFICATENO. ________________ ON FILE IN THIS OFFICE.

________________________________ DOCUMENT NO. ________________RECORDER OF SACRAMENTO COUNTYSTATE OF CALIFORNIA

BY _____________________________________ FEE: ________________DEPUTY

CITY CLERK'S STATEMENT

I,JASON LINDGREN, CITY CLERK OF THE CITY OF ELK GROVE, HEREBY STATE THAT THE CITY COUNCIL OFTHE CITY OF ELK GROVE HAS APPROVED THIS FINAL MAP SUBDIVISION NO. 13-016.01, SHELDON PARKESTATES NORTH - UNIT 1, AND ACCEPTED IN FEE SIMPLE LOTS A, B AND C AS OFFERED HEREON ANDACCEPTED, SUBJECT TO IMPROVEMENT DASANI DRIVE, PENTA WAY, AQUAFINA COURT, AND SHELDONROAD FOR PUBLIC STREET PURPOSES AND ACCEPTED THE EASEMENTS FOR PUBLIC UTILITY PURPOSESAND DRAINAGE PURPOSES ALL AS OFFERED HEREON AND DID ACCEPT THE DEDICATION OF THEBUILDING RESTRICTION RIGHTS AND THE INGRESS AND / OR EGRESS RIGHTS BOTH AS OFFEREDHEREON.

DATE_________________ ______________________________JASON LINDGREN, CITY CLERKCITY OF ELK GROVE, CALIFORNIA

SITEPROJECT

BASIS OF BEARINGS

THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTH SECTION LINE OF SECTION 20, TOWNSHIP 7NORTH, RANGE 6 EAST, M. D. B. & M. AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN THE OFFICE OFTHE RECORDER OF SACRAMENTO COUNTY IN BOOK 50 OF PARCEL MAPS AT PAGE 32 AND BEING SHOWNAS SOUTH 89° 33' 26" EAST.

SOILS REPORT

A PRELIMINARY SOILS REPORT WAS PREPARED BY WALLACE KUHL & ASSOCIATES, INC., FILE NO. WKANO. 7986.02, DATED MARCH 21, 2008. A COPY OF THIS REPORT IS ON FILE FOR PUBLIC INSPECTION ATTHE PUBLIC WORKS DEPARTMENT OF THE CITY OF ELK GROVE.

SURVEYOR'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF SUBDIVISION NO. 13-016.01 OF SHELDONPARK ESTATES NORTH - UNIT 1 AND FIND THAT IT TO BE TECHNICALLY CORRECT.

__________ ______________RAYMOND MICHAEL MANGERL.S. NO. 5154REGISTRATION EXPIRES 6-15-2017 DATE:___________________

SUBDIVISION MAP ACT SECTTON 66477.5 CERTIFICATE

PURSUANT TO SECTION 66477.5 OF THE SUBDIVISION MAP ACT THE CITY OF ELK GROVE SHALLRECONVEY LOT A, LOT B, AND LOT C AS DEDICATED TI THE CITY ON THE MAP OF SUBDIVISION NO.13-016.01, SHELDON PARK ESTATES NORTH - UNIT 1, TO THE SUBDIVIDER NAMED BELOW IF THE CITY OFELK GROVE MAKES A DETERMINATION THAT THE SAME PUBLIC PURPOSE FOR WHICH THE PROPERTYWAS DEDICATED DOES NOT EXIST, OR THE PROPERTY OR ANY PORTION THEROF IS NOT NEEDED FORPUBLIC UTILITIES EXCEPT FOR ANY PORTION OF THE PROPERTY THAT IS REQUIRED FOR THE SAMEPUBLIC PURPOSE OF PUBLIC UTILITIES.

SUBDIVIDER: CAPITAL REALTORS, INC., PROFIT SHARING PLAN, OWNER

ADDRESS: 8940 ELDER CREEK ROAD, SACRAMENTO, CALIFORNIA 95829

EXHIBIT A8

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LEGEND:.....FOUND MONUMENT AS DESCRIBED.....FOUND MONUMENT AS DESCRIBED.....SET 21

2 " BRASS DISK IN MONUMENT WELL.....SET 5/8" x 24" REBAR WITH PLASTIC CAP STAMPED RCE 21640.....RADIAL.....RECORD PER 20110401-535 OFFICIAL RECORDS.....RECORD PER 50 PM 32 & 28 PM 18.....RECORD PER 160 PM 11.....RECORD PER 159 BM 8.....RECORD PER 20150721-1498 OFFICIAL RECORDS.....PARCEL MAP.....PAGE.....OFFICIAL RECORDS.....BOOK.....BOUNDARY LINE ADJUSTMENT.....GROSS AREA IN ACRES.....NET AREA IN ACRES

SIGNATURE OMISSION STATEMENT:PURSUANT TO SECTION 66436(2)(3)(A)(1-Viii) OF THE SUBDIVISIONMAP ACT THE FOLLOWING EASEMENT HOLDERS BY LISTED DEEDSHAVE BEEN OMITTED AS THEIR INTEREST IA SUCH THAT IT CANNOTRIPEN INTO A FEE TITLE AND SAID SIGNITURE IS NOT REQUIRED BYTHE LOCAL AGENCY:

CITY OF ELK GROVE, SUCESSOR IN INTEREST TO THE COUNTY OFSACRAMENTO BY INCORPORATION EASEMENT HOLDER FORPUBLIC HIGHWAY OR ROAD AND NECESSARY UTILITIES BY DEEDRECORDED IN BOOK 19960418 PAGE 675, OFFICAL RECORDS OFSACRAMENTO COUNTY.

SAID EASEMENT FALLS IN SHELDON ROAD BEING OFFERED FORDEDICATION HEREON.

PACIFIC BELL WIRELESS EASEMENT HOLDER FORACCESS PURPOSES BY DOCUMENT RECORDED IN BOOK20020201 PAGE 282, OFFICIAL RECORDS OF SACRAMENTOCOUNTY. THE LOCATION OF SAID EASEMENT ISINDETERMINATE IN NATURE.

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∆∆SUBDIVISION NO. 13-016.01

SHELDON PARK ESTATES NORTH - UNIT 1A PORTION OF THE SOUTHWEST ONE-QUARTER

OF SECTION 20, TOWNSHIP 7 NORTH,RANGE 6 EAST, M.D.B. & M.

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EXHIBIT B

City of Elk Grove NOTICE OF EXEMPTION

To: Office of Planning and Research P.O. Box 3044, 1400 Tenth Street, Room 22 Sacramento, CA 95812-3044

From: City of Elk Grove Development Services-Planning 8401 Laguna Palms Way Elk Grove, CA 95758

Sacramento County Clerk-Recorder Sacramento County PO Box 839, 600 8th Street Sacramento, CA 95812-0839

County Recorder Filing State Clearinghouse Received

(stamp here) (stamp here) PROJECT TITLE: Subdivision No. 13-016-01, Sheldon Park Estates Unit 1 PROJECT LOCATION - SPECIFIC: Northeast corner of Waterman Road and Sheldon Road.

ASSESSOR’S PARCEL NUMBER(S): 121-0180-061 PROJECT LOCATION – CITY: Elk Grove PROJECT LOCATION – COUNTY: Sacramento

PROJECT DESCRIPTION: Approval of Subdivision No. 13-016-01, Sheldon Park Estates Unit 1 Final Map.

LEAD AGENCY: City of Elk Grove

LEAD AGENCY CONTACT: Sandy Kyles (916) 478-3620

APPLICANT: Capitol Realtors Inc. PO Box 1 Elk Grove, CA 95759

EXEMPTION STATUS: Ministerial [Section 21080(b); 15268];

General Rule [Section 15060(c)(3)];

Consistent With a Community Plan or Zoning [Section 15183(a)]

Statutory Exemption

Categorical Exemption

REASONS WHY THIS PROJECT IS EXEMPT OR DOES NOT REQUIRE FURTHER ENVIRONMENTAL DOCUMENTATION:

The California Environmental Quality Act (CEQA, Section 21000, et seq. of the California Public Resources Code), 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

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direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed Final Map is a project under CEQA. Staff has reviewed the Project to determine the required level of review under CEQA. The proposed Project is exempt from CEQA under Section 15268(b) of Chapter 3 of Title 14 of the California Code of Regulations (State CEQA Guidelines). Section 15628(b) exempts ministerial approval by public agencies from CEQA. Final Maps are specifically cited as a type of ministerial permit. Therefore, this project qualifies for the identified exemption.

CITY OF ELK GROVE Development Services - Planning

By:

Sandy Kyles

Date:

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ATTACHMENT 2

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EXHIBIT A

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ATTACHMENT 3

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SITEPROJECT

ATTACHMENT 4

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