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AGENDA ITEM NO. 9.1 CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA TITLE: A public hearing to consider a Rezone, Tentative Subdivision Map, Design Review for subdivision layout, and Abandonment of Right-of-Way for the Good Shepherd Map Project (EG-14-027) (CEQA Exemption) MEETING DATE: January 14, 2015 PREPARED BY: Sarah Kirchgessner, Senior Planner DEPARTMENT HEAD: Darren Wilson, Planning Director RECOMMENDED ACTION: By a vote of 4-0 at its December 4, 2014 meeting, the Planning Commission recommends the following actions: 1. Adopt a resolution of the City Council finding no subsequent environmental review is necessary for the Good Shepherd Map Project (EG-14-027) (the “Project”) pursuant to Section 15183 (Projects consistent with the General Plan) and Section 15162 (Subsequent EIRs and Negative Declarations) of Title 14 of the California Code of Regulations (State CEQA Guidelines) (Attachment 1); and 2. Introduce and waive the full reading, by substitution of title only, an Ordinance of the City Council amending the City of Elk Grove Zoning Map from Agricultural Residential - 5 acre minimum (AR-5) to Agricultural Residential - 2 acre minimum (AR-2) for the Good Shepherd Map Project (EG-14-027) (Attachment 2); and 3. Adopt a Resolution of the City Council approving a Tentative Subdivision Map, concurrent Design Review for subdivision layout, and Abandonment of right-of-way for the Good Shepherd Map Project (EG- 14-001), subject to the Findings in the Resolution (Attachment 3). 1

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AGENDA ITEM NO. 9.1

CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

AGENDA TITLE: A public hearing to consider a Rezone,

Tentative Subdivision Map, Design Review for subdivision layout, and Abandonment of Right-of-Way for the Good Shepherd Map Project (EG-14-027)

(CEQA Exemption)

MEETING DATE: January 14, 2015 PREPARED BY: Sarah Kirchgessner, Senior Planner DEPARTMENT HEAD: Darren Wilson, Planning Director

RECOMMENDED ACTION: By a vote of 4-0 at its December 4, 2014 meeting, the Planning Commission recommends the following actions:

1. Adopt a resolution of the City Council finding no subsequent environmental review is necessary for the Good Shepherd Map Project (EG-14-027) (the “Project”) pursuant to Section 15183 (Projects consistent with the General Plan) and Section 15162 (Subsequent EIRs and Negative Declarations) of Title 14 of the California Code of Regulations (State CEQA Guidelines) (Attachment 1); and

2. Introduce and waive the full reading, by substitution of title only, an Ordinance of the City Council amending the City of Elk Grove Zoning Map from Agricultural Residential - 5 acre minimum (AR-5) to Agricultural Residential - 2 acre minimum (AR-2) for the Good Shepherd Map Project (EG-14-027) (Attachment 2); and

3. Adopt a Resolution of the City Council approving a Tentative Subdivision Map, concurrent Design Review for subdivision layout, and Abandonment of right-of-way for the Good Shepherd Map Project (EG-14-001), subject to the Findings in the Resolution (Attachment 3).

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Elk Grove City Council January 14, 2015 Page 2 of 6 PROJECT INFORMATION: Location: 8920 Good Shepherd Lane Planner: Sarah Kirchgessner, Senior Planner Property Owner: MNB Development, Inc., Eddie Martini (Representative) PLANNING COMMSSION MEETING: The Planning Commission conducted a public hearing for the Project on December 4, 2014. After receiving the staff report, the Commission took public comment. The Applicant stated that the proposed condition (Condition #20) to widen Sandage Avenue is “unfair” and “a burden for the Project.” He suggested that the cost should be evenly divided by the 23 parcels that would benefit from the widening. Eileen Conwell, a resident who lives on Sandage Avenue, spoke in support of the proposed widening of Sandage Avenue to 20-feet because of safety concerns. The Planning Commission indicated that the proposed Rezone to AR-2 for the Project site justifies requiring the Applicant to widen Sandage Avenue for safety. The Planning Commission voted 4-0 to recommend City Council approval of the Project. PROJECT DESCRIPTION: The proposed Project is a Rezone from Agricultural Residential - 5 acre minimum (AR-5) to Agricultural Residential - 2 acre minimum (AR-2) and a Tentative Subdivision Map (and concurrent Design Review for subdivision layout) to subdivide a 12.1-acre parcel into six (6) lots for single-family use. The Project also includes an abandonment of an existing I.O.D. for right-of-way as discussed later in the Staff Report. The Project requires the approval of a Tentative Subdivision Map by the Planning Commission prior to the recordation of a Final Map with the Sacramento County Recorder’s Office, pursuant to the provisions of the State Subdivision Map Act (Government Code Section 66410 et seq.) and the Elk Grove Municipal Code, Title 22, Land Development. Design review for subdivision layout is required pursuant to Section 23.16.080.B.5 of Title 23 of the City’s Municipal Code (hereinafter the Zoning Code). BACKGROUND: The Project site is the remainder parcel of a previously-approved project known as Sandage Estates (Project #EG-04-777) approved by the City Council in 2005. Although the Sandage Estates Project did not include

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Elk Grove City Council January 14, 2015 Page 3 of 6 rezoning or subdivision of the current Project site, the Sandage Estates Mitigated Negative Declaration (MND) considered the future development of the Project site as currently proposed. ANALYSIS: General Plan/Rezone The proposed Project has been reviewed for consistency with all applicable General Plan goals and policies. The General Plan designation for this property is Rural Residential. The proposed Rezone to AR-2 and Tentative Subdivision Map to create six single-family lots is consistent with the density range of 0.1 to 0.5 du/acre for Rural Residential development (0.5 du/acre). Tentative Subdivision Map, Design Review, and Abandonment The Project consists of a Tentative Subdivision Map (and concurrent Design Review for subdivision layout) to subdivide a 12.1-acre lot into six (6) lots to be served by private well and septic system (Figure 3). The proposed Tentative Subdivision Map is consistent with the Elk Grove General Plan and complies with the development standards of Elk Grove Municipal Code Titles 22 (Land Development) and 23 (Zoning). The Project includes abandonment of a portion of the 44-foot I.O.D. (required as part of the Sandage Estates Project) as shown on the Tentative Subdivision Map, which is no longer needed due to the new roadway connections.

Figure 1. Aerial

Project Site

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Elk Grove City Council January 14, 2015 Page 4 of 6

Figure 2. Tentative Subdivision Map

ENVIRONMENTAL ANALYSIS: The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed Project is a project under CEQA.

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Elk Grove City Council January 14, 2015 Page 5 of 6 CEQA Guidelines Section 15183 (Public Resources Code §21083.3), provides that projects that are consistent with a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” An EIR was certified by the City Council for the adoption of the City of Elk Grove General Plan in 2003 (SCH 2002062082). The proposed Project is consistent with the Elk Grove General Plan land use designation of the site (Rural Residential). Additionally, the City has reviewed the Project and analyzed it based upon the provisions in Section 15162 of the State CEQA Guidelines. The Project site is a remainder parcel of a previously-approved project known as Sandage Estates (EG-04-777). In November 2005, the City of Elk Grove City Council adopted Ordinance No. 38-2005, approving the Sandage Estates project and adopting a Mitigated Negative Declaration (MND; SCH# 2005052018). A Mitigation Monitoring and Reporting Program (MMRP) was prepared and adopted with the Project. The MMRP is a binding document that runs with the land and would be applicable to the proposed Project. Although the Sandage Estates Project did not include rezoning or subdivision of the current Project site, the Sandage Estates MND considered the future development of the Project site as currently proposed. The Project description in the MND states, “The project site is 20-acres in size, and although the current project will only create five lots, the potential exists for the creation of six additional 2-acre lots as part of a future project. Therefore, potential development of the site includes ten lots containing ten single-family houses and accessory structures. Any additional project(s) would be subject to further CEQA review.” The proposed Project is consistent with the use for the Project site analyzed in the MND. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the General Plan EIR and the Sandage Estates MND. The proposed Project would be required to comply with the mitigation measures identified in the Sandage Estates MND. No other special circumstances exist that would create a reasonable possibility that the proposed Project will have a significant adverse effect on the

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Elk Grove City Council January 14, 2015 Page 6 of 6 environment. Therefore, the prior MND is sufficient to support the Project and no further environmental review is required. FISCAL IMPACT: The development of infrastructure will be financed through a combination of development impact fee programs and developer funding. ATTACHMENTS:

1. Resolution for CEQA exemption 2. Ordinance for approval of the Rezone 3. Resolution for approval of the Tentative Subdivision Map and Design

Review

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ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE FINDING THE GOOD SHEPHERD MAP PROJECT (EG-14-027) EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT ASSESSOR PARCEL NUMBER: 127-0030-072

WHEREAS, the Planning Department of the City of Elk Grove received an

application on September 3, 2014 from MND Development, Inc (the Applicant) requesting a Rezone, Tentative Subdivision Map, Design Review for Subdivision Layout, and Abandonment; and

WHEREAS, the proposed Project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as APN: 127-0030-072; and

WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (CEQA), Public Resource Code §§21000-21178 but is exempt; and

WHEREAS, Section 15183 (Projects Consistent with a Community Plan, General

Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines) provides an exemption from CEQA for projects that are consistent with the applicable General Plan and Zoning for which an Environmental Impact Report (EIR) was certified; and

WHEREAS, an EIR was certified by the City Council for the adoption of the City of Elk Grove General Plan (SCH 2005052018); and

WHEREAS, a Mitigated Negative Declaration was adopted for the Sandage Estates Project (EG-04-777), which considered the future development of the Project site as currently proposed (SCH 2013082012); and

WHEREAS, based on staff’s review of the Project, no special circumstances exist that would create a reasonable possibility that the Project will have a significant effect on the environment beyond what was previously analyzed and disclosed; and

WHEREAS, the Planning Department considered the Project request pursuant to the Elk Grove General Plan, the Elk Grove Municipal Code Title 23 (Zoning), and all other applicable State and local regulations; and

WHEREAS, the Planning Commission held a duly noticed public hearing as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting; and

WHEREAS, the Planning Commission recommended the City Council approve the Good Shepherd Map Project; and

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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 finds the Good Shepherd Map Project exempt from CEQA review pursuant to Section 15183 (Projects consistent with the General Plan) and Section 15162 (Subsequent EIRs and Negative Declarations) of the State CEQA Guidelines based upon the following findings: Finding: The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, (State CEQA Guidelines) Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). Evidence: CEQA Guidelines Section 15183 (Public Resources Code §21083.3), provides that projects that are consistent with a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” An EIR was certified by the City Council for the adoption of the City of Elk Grove General Plan in 2003 (SCH 2002062082). The proposed Project is consistent with the Elk Grove General Plan land use designation of the site (Rural Residential). Additionally, the City has reviewed the Project and analyzed it based upon the provisions in Section 15162 of the State CEQA Guidelines. The Project site is a remainder parcel of a previously- approved project known as Sandage Estates EG-04-777. In November 2005, the City of Elk Grove City Council adopted Ordinance No. 38-2005, approving the Sandage Estates project and adopting a Mitigated Negative Declaration (MND; SCH# 2005052018). A Mitigation Monitoring and Reporting Program (MMRP) was prepared and adopted with the Project. The MMRP is a binding document that runs with the land and would be applicable to the proposed Project. Although the Sandage Estates Project did not include rezoning or subdivision of the current Project site, the Sandage Estates MND considered the future development of the Project site as currently proposed. The Project description in the MND states, “The project site is 20-acres in size, and although the current project will only create five lots, the potential exists for the creation of six additional 2-acre lots as part of a future project. Therefore, potential development of the site includes ten lots containing ten single-family houses and accessory structures. Any additional project(s) would be subject to further CEQA review.” The proposed Project is consistent with the use for the Project site analyzed in the MND. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the General Plan EIR and the Sandage Estates MND. The proposed Project would be required to comply with the mitigation measures identified in the Sandage Estates MND. No other special circumstances exist that would create a reasonable possibility that the proposed Project will have a significant adverse effect on

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the environment. Therefore, the prior MND is sufficient to support the Project and no further environmental review is required.

PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th

day of January 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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ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE AMENDING THE CITY OF ELK GROVE ZONING MAP FROM AR-5 TO AR-2 FOR THE GOOD SHEPHERD MAP PROJECT (EG-14-027)

ASSESSOR PARCEL NUMBER: 127-0030-072

WHEREAS, the Planning Department of the City of Elk Grove received an application on September 3, 2014 from MND Development, Inc (the Applicant) requesting a Rezone, Tentative Subdivision Map, Design Review for Subdivision Layout, and Abandonment; and

WHEREAS, the proposed Project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as APN: 127-0030-072; and

WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (CEQA), Public Resource Code §§21000-21178 but is exempt; and

WHEREAS, Section 15183 (Projects Consistent with a Community Plan, General

Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines) provides an exemption from CEQA for projects that are consistent with the applicable General Plan and Zoning for which an Environmental Impact Report (EIR) was certified; and

WHEREAS, an EIR was certified by the City Council for the adoption of the City of Elk Grove General Plan (SCH 2005052018); and

WHEREAS, a Mitigated Negative Declaration was adopted for the Sandage Estates Project (EG-04-777) which considered the future development of the Project site as currently proposed (SCH 2013082012); and

WHEREAS, based on staff’s review of the Project, no special circumstances exist that would create a reasonable possibility that the Project will have a significant effect on the environment beyond what was previously analyzed and disclosed; and

WHEREAS, the Planning Department considered the Project request pursuant to the Elk Grove General Plan, the Elk Grove Municipal Code Title 23 (Zoning), and all other applicable State and local regulations; and

WHEREAS, the Planning Commission held a duly noticed public hearing as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting; and

WHEREAS, the Planning Commission recommended the City Council approve the Good Shepherd Map 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.

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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. Section 2: Enactment of New Zoning The City Council hereby amends the City of Elk Grove Zoning Map for APN: 127-0030-072 as shown on attached 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: Savings Clause The provisions of this ordinance shall not affect or impair an act done or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take affect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution shall remain in full force and affect to all intents and purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by said Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered.

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Section 6: 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 (5) 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). INTRODUCED: January 14, 2015 ADOPTED: EFFECTIVE: GARY DAVIS, MAYOR of the

CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS,

CITY ATTORNEY Date signed: ______________________

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EXHIBIT A

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ATTACHMENT 3

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE TO APPROVE A TENTATIVE SUBDIVISION MAP, DESIGN REVIEW FOR

SUBDIVISION LAYOUT, AND ABANDONMENT OF RIGHT-OF-WAY FOR THE GOOD SHEPHERD MAP PROJECT (EG-14-027) ASSESSOR PARCEL NUMBER: 127-0030-072

WHEREAS, the Planning Department of the City of Elk Grove received an

application on September 3, 2014 from MND Development, Inc (the Applicant) requesting a Rezone, Tentative Subdivision Map, Design Review for Subdivision Layout, and Abandonment; and

WHEREAS, the proposed Project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as APN: 127-0030-072; and

WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (CEQA), Public Resource Code §§21000-21178 but is exempt; and

WHEREAS, Section 15183 (Projects Consistent with a Community Plan, General

Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines) provides an exemption from CEQA for projects that are consistent with the applicable General Plan and Zoning for which an Environmental Impact Report (EIR) was certified; and

WHEREAS, an EIR was certified by the City Council for the adoption of the City of Elk Grove General Plan (SCH 2005052018); and

WHEREAS, a Mitigated Negative Declaration was adopted for the Sandage Estates Project (EG-04-777) which considered the future development of the Project site as currently proposed (SCH 2013082012); and

WHEREAS, based on staff’s review of the Project, no special circumstances exist that would create a reasonable possibility that the Project will have a significant effect on the environment beyond what was previously analyzed and disclosed; and

WHEREAS, the Planning Department considered the Project request pursuant to the Elk Grove General Plan, the Elk Grove Municipal Code Title 23 (Zoning), and all other applicable State and local regulations; and

WHEREAS, the Planning Commission held a duly noticed public hearing as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting; and

WHEREAS, the Planning Commission recommended the City Council approve the Good Shepherd Map Project; and

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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 Tentative Subdivision Map, Design Review for subdivision layout, and Abandonment for the Good Shepherd Map Project (EG-14-027) as described in Exhibit A and illustrated in Exhibit B, subject to the Conditions of Approval contained in Exhibit C (all incorporated herein by this reference), based upon the following findings: Tentative Subdivision Map Finding: None of the findings (a) through (g) below in Section 66474 of the California Government Code that require a City to deny approval of a tentative map apply to this project.

a. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451.

b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

c. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements is likely to

cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

f. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

g. That the design of the subdivision or type of improvements will conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision.

Evidence: a. The proposed Project is consistent with the Elk Grove General Plan because the

site is designated Rural Residential in the General Plan and zoned for AR-2 (Agricultural Residential 2-acre minimum). The Project would legally subdivide the parcel consistent with Title 23 (Zoning).

b. The design of the improvements of the proposed Project is consistent with the General Plan land use designations of Rural Residential and the development standards for residential use in Title 23 (Zoning). The Project would legally subdivide the parcel consistent with Title 23 (Zoning).

c. The site is physically suitable for extension of residential development because the site is designated Rural Residential in the General Plan and zoned AR-2 (Agricultural Residential 2-acre minimum).

d. The Project site is designated Rural Residential in the General Plan and zoned AR-2 (Agricultural Residential 2-acre minimum). The Project would legally subdivide the parcel consistent with Title 23 (Zoning).

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e. The proposed Tentative Subdivision Map is consistent with the General Plan and zoning and therefore would not cause substantial environmental damage.

f. The Project would legally subdivide the parcel consistent with Title 23 (Zoning). g. No conflict with easements acquired by the public at large, for access through or

use of, property within the proposed subdivision, have been identified. Design Review Finding #1: The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations and Citywide Design Guidelines adopted by the City. Evidence: The site layout has been reviewed against the Citywide Design Guidelines for residential subdivisions and meets all applicable design requirements. The proposed subdivision map and related plans provide all the design elements required by the Citywide Design Guidelines, including interconnected street system and sufficient open space and landscaping. The conditions of approval ensure consistency with all standard requirements. Finding #2: The proposed project will not create conflicts with vehicular, bicycle, or pedestrian modes of transportation. Evidence: The proposed subdivision and layout provides adequate off-site access and on-site circulation consistent with applicable requirements. Finding #3: The residential subdivision is well integrated with the City’s street network, creates unique neighborhood environments and establishes a pedestrian friendly environment. Evidence: The Project includes an interconnected street system as well as sufficient open space and landscaping. The proposed design blends seamlessly into the surrounding neighborhood and the street pattern encourages walking. PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of January 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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Exhibit A Good Shepherd Map (EG-14-027) Project Description

The proposed Project, Good Shepherd Map, involves a Tentative Subdivision Map (and concurrent Design Review for subdivision layout) to subdivide a 12.1-acre parcel into six (6) lots for single-family use. The Project also includes an Abandonment of a portion of the 44-foot I.O.D. (which was required as part of the Sandage Estates Project) as shown on the Tentative Subdivision Map (Exhibit B).

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EXHIBIT B18

EXHIBIT C GOOD SHEPHERD MAP (EG-14-027) Conditions of Approval CITY COUNCIL DRAFT

Conditions of Approval Timing/

Implementation Enforcement/

Monitoring Verification (date and Signature)

On Going 1. Development and operation of the proposed Project shall be

consistent with the Project Description and Project Plans as provided in Exhibits A and B, incorporated herein by this reference. Deviations from the approved plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body.

On-Going Planning

2. The Applicant/Owner or Successors in Interest (hereby referred to as the “Applicant”) shall indemnify, protect, defend, and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any and all claims, damages, demands, liability, costs, losses or expenses including without limitation court costs, reasonable attorney’s fees and expert witness fees arising out of this Project including challenging the validity of this application/permit or any environmental or other documentation related to approval of this Application.

On-Going Planning

3. This action does not relieve the Applicant of the obligation to comply with all codes, statutes, regulations, and procedures.

On-Going Planning

4. Except as otherwise specified or provided in these conditions, the Project shall conform to the development standards and design requirements adopted by the City, specifically including but not limited to the following:

• The City Zoning Code (Title 23 of the EGMC) • EGMC Chapter 19.12 (Tree Preservation and Protection) • EGMC Chapter 14.10 (Water Efficient Landscape

Requirements) • EGMC Title 16 (Building and Construction)

On Going Planning Public Works

Building

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Conditions of Approval Timing/

Implementation Enforcement/

Monitoring Verification (date and Signature)

5. The Applicant shall design and construct all improvements in accordance with the City Improvement Standards, as further conditioned herein, and to the satisfaction of Public Works.

On Going Public Works

SCWA SASD SMUD PG&E

6. The Applicant shall pay all plan check fees, impact fees, or other costs as required by the City, the Cosumnes Community Services District (CCSD), or other agencies or services providers as established by law.

On-Going Planning Public Works

CCSD

7. Approval of this Project does not relieve the Applicant from the requirements of subsequent permits and approvals, including but not limited to the following, as appropriate:

• Grading Permit and Improvement Plan • Final Map • Building Permit and Certificate of Occupancy • Section 404, 401, 1602, or other State or Federal

environmental permit (if required) • Requirements of the Sacramento Metropolitan Air Quality

Management District • Fire permit • Environmental Management Department approval

On-Going Planning Public Works

Building CCSD SCWA SASD

8. The property owners shall participate in future groundwater management and well protection programs adopted by the Sacramento County Water Agency that are applied uniformly throughout Zone 40.

On-Going SCWA

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Improvement Plans 9. The Planning Division shall be notified immediately if any

prehistoric, archaeologic, or paleontologic artifact is uncovered during construction. All construction must stop and an archaeologist that meets the Secretary of the Interior’s Professional Qualifications Standards in prehistoric or historical archaeology shall be retained to evaluate the finds and recommend appropriate action. A note stating the above shall be placed on the Improvement Plans.

Improvement Plans

Planning

10. All construction must stop if any human remains are uncovered, and the County Coroner must be notified according to Section 7050.5 of California’s Health and Safety Code. If the remains are determined to be Native American, the procedures outlined in CEQA Section 15064.5 (d) and (e) shall be followed. A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11. The Applicant shall prepare and submit a drainage study to the satisfaction of Public Works and in accordance with City of Elk Grove Storm Drainage Master Plan, Improvement Standards, General Plan, and any specific, area, or master plans.

Improvement Plan Submittal

or Prior to Issuance of

Grading Permit(s), whichever occurs first

Public Works

12. The Applicant shall destroy all abandoned wells on the proposed Project site in accordance with the requirements of the Sacramento County Environmental Health Division. Clearly show all abandoned/destroyed wells on the improvement plans for the project. Prior to abandoning any existing agricultural wells, Applicant shall use water from agricultural wells for grading and construction.

Improvement Plans

SCWA

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Final Map 13. Prior to the Final Map the Project shall annex into the Maintenance

Mello-Roos Community Facilities District 2006-1 (CFD), to fund the Project’s fair share of landscape related maintenance costs associated with public parkways, public parks, open space, landscape setbacks, bike and other paths, landscaped medians in and adjacent to roadways, maintenance and operation of a community center, sports (including aquatic) facilities, cultural arts center, and water features, and maintenance of other related facilities. The annexation process can take several months, so applicants should plan accordingly. The application fee for the annexation is due prior to the Resolution of Intention to Annex the Property and Levy the Special Tax. For further information regarding this CFD, see www.elkgrovecity.org/finance/financial-planning-division/cfd-information.htm

Final Map Finance

14. Prior to Final Map, the Project shall annex into the Police Services Mello-Roos Community Facilities District 2003-2 (CFD), to fund the project’s fair share of Public Safety costs. The annexation process can take several months, so applicants should plan accordingly. The application fee for the annexation is due prior to the Resolution of Intention to Annex the Property and Levy the Special Tax. For further information regarding this CFD, see http://www.elkgrovecity.org/finance/cfd-information.asp.

Final Map Finance

15. Prior to Final Map, the Project shall annex into the Storm Water Drainage Fee Zone 2 to fund a portion of the additional costs for storm water drainage and run-off maintenance related to serving the new development. The annexation process can take several months, so applicants should plan accordingly. The application fee for the annexation is due prior to the Resolution of Intention to Levy Storm Water Drainage Fee Zone 2 assessments. For further information on this District, see http://www.elkgrovecity.org/finance/assessment-other-dist-info.asp.

Final Map Finance

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16. Prior to Final Map, the Project shall annex into the Street Maintenance Assessment District No. 1 Zone 3 or a Street Maintenance Community Facilities District to fund a portion of the additional costs for long-term roadway maintenance related to serving the new development. The annexation process can take several months, so applicants should plan accordingly. The application fee for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments. For further information on this District, see http://www.elkgrovecity.org/finance/assessment-other-dist-nfo.asp.

Final Map Finance

17. The Applicant shall dedicate to the City of Elk Grove, drainage easements as shown on the tentative map to the satisfaction of Public Works.

Final Map Public Works

18. The Applicant shall design and install the access road within the drainage easements in accordance with City of Elk Grove Improvement Standards and to the satisfaction of Public Works.

Final Map Public Works

19. The Applicant shall dedicate, design, and construct Good Shepherd Lane in accordance with City of Elk Grove Rural Road Improvement Standards and to the satisfaction of Public Works.

Final Map Public Works.

20. The Applicant shall acquire, design, and improve the southerly half-section of Sandage Avenue, approximately 650 feet, measured from the easterly property line of APN: 127-0030-069 to the east in accordance with City of Elk Grove Rural Road Improvement Standards and to the satisfaction of Public Works. Improvements shall provide a minimum pavement width of 20 feet with adequate drainage in order to match existing improvements further east of the 650-foot segment.

Final Map Public Works

21. The Applicant shall dedicate a 12.5 foot public utility easement to the City of Elk Grove for underground facilities and appurtenances adjacent to all interior public streets.

Final Map Public Works

22. For all single family corner lots, an access restriction shall be placed on the property 15 feet measured from the corner return.

Final Map Public Works

Building Permit 23. The Final Map shall be completed, approved, and recorded prior

to1st Building Permit. Building Permit Public Works

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Incorporated July 1, 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone: (916) 683-7111 Elk Grove, California 95758 Fax: (916) 627-4400 www.elkgrovecity.org

City of Elk Grove – City Council NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday, January 14, 2015, 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:

GOOD SHEPHERD MAP (EG-14-027) – REZONE, TENTATIVE SUBDIVISION MAP, DESIGN REVIEW FOR SUBDIVISION LAYOUT, AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION (I.O.D.) (CEQA EXEMPTION): The Project consists of a Rezone of a 12.1 acre parcel from Agricultural Residential AR-5 to Agricultural Residential AR-2, and a Tentative Subdivision Map (and concurrent Design Review for subdivision layout) to subdivide the parcel into six (6) lots for single-family use. The Project includes an abandonment of a portion of the 44-foot Irrevocable Offer of Dedication (I.O.D.) for right-of way as shown on the Tentative Subdivision Map that is no longer needed. The Planning Commission reviewed this item on December 4, 2014 and voted 4-0 to recommend the Project.

LOCATION/APN: 8920 Good Shepherd Lane / APN: 127-0030-072 ZONING: Agricultural Residential - 5 acre minimum (AR-5) ENVIRONMENTAL: The Project was previously analyzed under the Sandage Estates Mitigated

Negative Declaration (MND), State Clearinghouse No. 2005052018 and is exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15183 (Projects consistent with the General Plan).

Information or questions regarding this item should be referred to Sarah Kirchgessner, (916) 478-3649 or to the office of Development Services – Planning, 8401 Laguna Palms Way, Elk Grove, CA, 95758. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the close of the hearing scheduled herein, and oral statements may be made at said hearing.

If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 8401 Laguna Palms Way, Elk Grove, CA, 95758, at or prior to the close of the public hearing. This meeting notice is provided pursuant to Section 23.14.040 of Title 23 of the Elk Grove Municipal Code. Dated/Published: January 2, 2015 JASON LINDGREN CITY CLERK, CITY OF ELK GROVE

ADA COMPLIANCE STATEMENT In compliance with the Americans with Disabilities Act, if

you need special assistance to participate in this meeting, please contact the Office of the City Clerk at

(916) 478-3635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to

ensure accessibility to this meeting.

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GOOD SHEPHERD MAP (EG-14-027)APN ADDRESS CITY STATE ZIP

12700300080000 9614 SANDAGE AVE ELK GROVE CA 9562412700300450000 9621 MILLPOND CT ELK GROVE CA 9562412700300430000 9580 MILLPOND CT ELK GROVE CA 9562412700300220000 9619 SANDAGE AVE ELK GROVE CA 9562412703400080000 9050 POPLAR HOLLOW LN ELK GROVE CA 9562412700300530000 9659 SANDAGE AVE ELK GROVE CA 9562412700300590000 9560 SHELDON RD ELK GROVE CA 9562412700300710000 PO BOX 85 ELK GROVE CA 9575912700100770000 2443 FAIR OAKS BL 368 SACRAMENTO CA 9582512700300150000 9510 ELK GROVE-FLORIN RD ELK GROVE CA 9562412700300460000 9660 SANDAGE AVE ELK GROVE CA 9562412700300560000 9601 SANDAGE AVE ELK GROVE CA 9562412700300190000 6917 RIO TEJO WY ELK GROVE CA 9575712703400120000 9019 POPLAR HOLLOW LN ELK GROVE CA 9562412700300700000 9039 PEMBRIDGE DR ELK GROVE CA 9562412700300410000 8359 ELK GROVE FLORIN RD SACRAMENTO CA 9582912700300440000 PO BOX 1387 ELK GROVE CA 9575912700300420000 9600 MILLPOND CT ELK GROVE CA 9562412700300320000 9050 BRADSHAW RD ELK GROVE CA 9562412703400090000 9020 POPLAR HOLLOW LN ELK GROVE CA 9562412700300050000 8950 BRADSHAW RD ELK GROVE CA 9562412700300180000 9660 LA NUEZ DR ELK GROVE CA 9562412700300370000 600 47TH ST SACRAMENTO CA 9581912700300470000 9676 SANDAGE AVE ELK GROVE CA 9562412700300690000 9580 SANDAGE AVE ELK GROVE CA 9562412700300720000 1545 RIVER PARK DR #300 SACRAMENTO CA 9581512700300620000 9510 SANDAGE AVE ELK GROVE CA 9562412700300240000 9645 SANDAGE AVE ELK GROVE CA 9562412700300680000 9110 KRISTINA CT SACRAMENTO CA 9582912700300230000 9631 SANDAGE AVE ELK GROVE CA 9562412700300060000 9640 SANDAGE AVE ELK GROVE CA 9562412700300490000 8934 BRADSHAW RD ELK GROVE CA 9562412700300400000 9630 MILLPOND CT ELK GROVE CA 9562412700100760000 827 7TH ST 301 SACRAMENTO CA 9581412710600040000 PO BOX 672 WILTON CA 9569312700300330000 3410 JUTEWOOD CT SACRAMENTO CA 9582712700300110000 8980 BRADSHAW RD ELK GROVE CA 9562412700300070000 9632 SANDAGE AVE ELK GROVE CA 9562412700300360000 8978 BRADSHAW RD ELK GROVE CA 9562412710600030000 8604 GOLDEN SAGE DR ELK GROVE CA 9562412710600020000 9530 SANDAGE AVE ELK GROVE CA 9562412700300090000 9608 SANDAGE AVE ELK GROVE CA 9562412700300350000 8976 BRADSHAW RD ELK GROVE CA 9562412700300650000 9520 SANDAGE AVE ELK GROVE CA 95624

9345 ELK GROVE FLORIN RD ELK GROVE CA 9562412700300410000 8900 GOOD SHEPHERD LN ELK GROVE CA 95624

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12700300690000 8901 GOOD SHEPHERD LN ELK GROVE CA 9562412700300440000 8910 GOOD SHEPHERD LN ELK GROVE CA 9562412700300180000 8911 GOOD SHEPHERD LN ELK GROVE CA 9562412700300370000 8920 GOOD SHEPHERD LN ELK GROVE CA 9562412700300720000 8924 GOOD SHEPHERD LN ELK GROVE CA 9562412700300720000 9020 BRADSHAW RD ELK GROVE CA 9562412700100770000 9350 SHELDON RD ELK GROVE CA 9562412700300620000 9514 SANDAGE AVE ELK GROVE CA 9562412700100760000 9531 BOND RD ELK GROVE CA 9562412710600040000 9534 SHELDON RD ELK GROVE CA 9562412700300640000 9536 SANDAGE AVE ELK GROVE CA 9562412710600010000 9540 SANDAGE AVE ELK GROVE CA 9562412700300630000 9546 SANDAGE AVE ELK GROVE CA 9562412700300330000 9581 MILLPOND CT ELK GROVE CA 9562412700300410000 9616 MILLPOND CT ELK GROVE CA 9562412700300400000 9636 MILLPOND CT ELK GROVE CA 9562412700300460000 9664 SANDAGE AVE ELK GROVE CA 95624

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8920 Good Shepard Lane - 1000ft Radius for Owners

Legend8920 Good Shepard LaneOwners within 1000ft

0 1,000500

Feet

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