Planning Commission Staff Report August 4, 2016

PROJECT: Ermandarold Estates TSM Extension FILE: EG-07-128A REQUEST: Tentative Subdivision Map Extension LOCATION: 8577 Bader Road APN: 122-0230-001, 003, 004, 005, 006 STAFF: Robby Thacker

PROPERTY OWNER: APPLICANT: Danny Hogge 13290 Owning Lane Galt, CA 9259

Refiber LLC Bob Lilly (Representative) 8577 Bader Road Elk Grove, CA 95624

Staff Recommendation Staff recommends that the Planning Commission adopt a Resolution (Attachment 1):

1. Finding no subsequent environmental review is necessary for the Ermandarold Estates TSM Extension Project (EG-07-128A) pursuant to State CEQA Guidelines Section 15162 (Criteria for Subsequent EIRs and Negative Declarations are not met); and

2. Approving a Tentative Subdivision Map Extension for the Ermandarold Estates Map Extension Project (EG-07-128A) subject to the findings included in the draft Resolution.

Project Description The Project consists of a three-year time extension to the previously approved Tentative Subdivision Map (TSM) that created 35 single family lots and a Design Review for the subdivision layout. The same project already had final approval of a Rezone from Agricultural 80-acres minimum (AG-80) and Agricultural Residential-5-acre minimum (AR-5) to Agricultural Residential-2 (AR-2). The time extension would extend the expiration date of the Map and Design Review from November 3, 2016 to November 3, 2019. Section 22.20.090 of the Elk Grove Municipal Code (EGMC) states that any TSM is eligible for an extension of time, provided final approval for such extension occurs prior to the expiration of the original map. Additionally, EGMC Section 22.20.090 states that upon filing a timely application for an extension of time, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first (1st). The proposed time extension would extend the life of the TSM from November 03, 2016 to November 03, 2019. The TSM will remain subject to the Conditions of Approval of the original Tentative Subdivision Map approval (EG-02-340; Ermandarold Estates). Project Setting The Project site is located in the northern portion of the City south of Calvine Road, east of Bader Road, west of Cherrington Lane, and north of Sheldon Road (Figures 1 and 2). The property is characterized by rural residential and agricultural uses with the remaining area of the land vacant. There is a small creek that is a tributary to Laguna Creek which traverses the property from east to west which also supports a small riparian habitat area. Table 1 below provides the use, Zoning, and General Plan Land Use Designations of the subject site and surrounding properties.

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Elk Grove Planning Commission Ermandarold Estates TSM Extension EG-07-128A August 4, 2016 Page 2

Figure 1 - Location Map

Figure 2 - Aerial Photo

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Elk Grove Planning Commission Ermandarold Estates TSM Extension EG-07-128A August 4, 2016 Page 3

Table 1 - Adjacent Land Designations and Uses

Existing Use

General Plan Zoning

Project Site Rural Residence Rural Residential Agricultural Residential

2-acre Minimum (AR-2)

North Rural Residence Rural Residential Agricultural Residential

5-acre Minimum (AR-5)

East Rural Residence Rural Residential AR-5

South Rural Residence Rural Residential AR-5

West Rural Residence Rural Residential AR-5

Background The Project is located within the rural area of the City which the adopted General Plan designates for rural residential development and agricultural based land uses. On November 3, 2004, the City Council approved the Ermandarold Estates Project, which included a Rezone of 40 acres from Agriculture 80-acres minimum (AG-80) to AR-2 and 32.9 acres of AR-5 to AR-2, a Tentative Subdivision Map to create 35 lots, and Design Review for subdivision layout. Per the requirements of the Elk Grove Municipal Code, the TSM received an expiration date of thirty-six (36) months from the date the map was conditionally approved on November 3, 2004. Therefore, the expiration of the TSM was originally scheduled to occur on November 3, 2007. In December 2007 the Planning Commission granted an extension of two years to the life of the approved TSM where the expiration of the map would then occur on November 3, 2009. In July 2008, Senate Bill 1185 was approved which provided a one year extension of all maps that were approved as of the date of adoption of the legislation, but were scheduled to expire prior to January 1, 2011. This was the first of four statutory extensions which were granted to extend tentative map life due to the economic downturn. Assembly Bill 333 (approved in July 2009), Assembly Bill 208 (approved in July 2011), and Assembly Bill 116 (approved in July 2013) each granted additional two-year extensions to approved tentative maps. Therefore, this legislation combined to extend the expiration of the approved TSM to November 3, 2016. According to Section 22.20.025 of the Municipal Code, the Planning Commission is the designated approving authority as to all matters relating to tentative subdivision maps.

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Elk Grove Planning Commission Ermandarold Estates TSM Extension EG-07-128A August 4, 2016 Page 4

Figure 3 – Approved Tentative Map

Analysis The Applicant is requesting a TSM extension of three years, to allow additional time to complete processing of improvement plan and final map. Pursuant to EGMC Section 22.20.095, the extension request would also extend the life of the Design Review approved with the original Project. The number of lots associated with the TSM is consistent with and meets the density requirements of the AR-2 Zoning District and the Rural Residential land use designated by the General Plan. The Subdivision Map Act allows an extension as long as the City-approved extensions do not exceed six years as stated in Section 66452.6 (e). Additionally, EGMC Section 22.20.090 states that upon filing a timely application for an extension of time, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. It should be noted that an extension of time of three years was previously approved for the Project in 2007 as part of EG-07-128. Since approval of the Project on November 3, 2004, there have been no significant changes to the General Plan or the EGMC that would impact this Project, or character of the Project area. Land surrounding the Project area has remained largely unchanged from the time of the original approval as rural residential and is still compatible with the Project from a zoning and land use perspective.

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Elk Grove Planning Commission Ermandarold Estates TSM Extension EG-07-128A August 4, 2016 Page 5 Letters from Commenting Agencies The Project was routed to various City, County, and State agencies. No comments were received beyond those which were incorporated into the original project. No new conditions for the map extension were created; however, the TSM will remain subject to the Conditions of Approval of the original Ermandarold Estates approval (EG-02-340). Environmental Analysis The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary “Projects.” A “Project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed Project is a Project under CEQA. The proposed Project requests an extension of time for a previously-approved Tentative Subdivision Map. Potential environmental impacts were analyzed as part of the Initial Study/Mitigated Negative Declaration (IS/MND) certified as part of the Ermandarold Estates Project (EG-02-340). The Project continues to be subject to the previously-adopted Mitigation Monitoring and Reporting Program. The setting for the Project has not significantly changed since the adoption of the environmental document. Surrounding properties have remained with the same General Plan land use and zoning designations since approval of the original Project. The extension of time for a tentative map does not involve any physical changes in the environment and hence does not have the potential for causing a significant effect on the environment. Therefore, the previously-adopted IS/MND is sufficient and, pursuant to State CEQA Guidelines Section 15162 which identifies the requirements for which subsequent analysis is required, no further environmental review is required. Recommended Motion Should the Planning Commission agree with staff’s recommendation, the following motion is suggested:

“I move that the Planning Commission adopt a resolution finding no subsequent CEQA environmental review is necessary pursuant to State CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) and approving the Ermandarold Estates Tentative Subdivision Map Extension (EG-07-128A), subject to the findings contained in the draft resolution.”

Attachments

1. Planning Commission Draft Resolution Exhibit A – Project Description Exhibit B – Approved Tentative Subdivision Map

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Planning Commission Resolution – 2016-X | August 4, 2016 Ermandarold Estates TSM Extension (EG-07-128A) Page 1 of 5

RESOLUTION NO. 2016-XX August 4, 2016

A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION

FINDING NO SUBSEQUENT CEQA REVIEW NECESSARY AND APPROVING A TENTATIVE SUBDIVISION MAP EXTENSION

FOR THE ERMANDAROLD ESTATES MAP EXTENSION

PROJECT NO. EG-07-128A 8577 BADER ROAD

APNS: 122-0230-001, 122-0230-003, 122-0230-004, 122-0230-005, AND 122-0230-006

WHEREAS, the Development Services Department of the City of Elk Grove received an

application on March 14, 2016, from Bob Lilly (Applicant) requesting approval of a Tentative Subdivision Map Extension (the Project); and

WHEREAS, the Project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as APNs: 122-0230-001, 003, 004, 005, 006 and

WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (CEQA), Public Resource Code §§21000 et seq.; and

WHEREAS, Section 15162 (Subsequent EIRs and Negative Declarations) of Title 14 of the

California Code of Regulations (State CEQA Guidelines) provides an exemption from CEQA for projects which have been previously analyzed under a previous environmental document; and

WHEREAS, a previous Initial Study/Mitigated Negative Declaration (IS/MND) was certified

as part of the Ermandarold Estates Project (EG-02-340); and WHEREAS, based on staff’s review of the Project, no special circumstances exist that

would create a reasonable possibility that granting the Tentative Subdivision Map Extension will have a significant effect on the environment beyond what was previously analyzed and disclosed; and

WHEREAS, the Development Services Department considered the Project request pursuant to the Elk Grove General Plan, the Elk Grove Municipal Code Title 22 (Land Development), 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.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Elk Grove finds the proposed Project exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14 (State CEQA Guidelines), based on the following finding:

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Planning Commission Resolution – 2016-X | August 4, 2016 Ermandarold Estates TSM Extension (EG-07-128A) Page 2 of 5

CEQA Finding: No subsequent environmental review is necessary for the Ermandarold Estates Map Extension Project (EG-07-128A) pursuant to State CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations).

Evidence: The City has reviewed the Project and analyzed it based upon the provisions of the State CEQA Guidelines. The proposed Project requests an extension of time for a previously- approved Tentative Subdivision Map. Potential environmental impacts were analyzed as part of the Initial Study/Mitigated Negative Declaration (IS/MND) certified as part of the Ermandarold Estates Project (EG-02-340). The setting for the Project has not significantly changed since the adoption of the environmental document. The extension of time for a tentative map does not involve any physical changes in the environment and hence does not have the potential for causing a significant effect on the environment. Therefore, the previously adopted IS/MND is sufficient and, pursuant to State CEQA Guidelines Section 15162 which identifies the requirements for which subsequent analysis is required, no further environmental review is required.

AND, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Elk Grove

approves a three-year extension on the Tentative Subdivision Map and Design Review on the subdivision layout for the Ermandarold Estates Tentative Subdivision Map Extension Project (EG-07-128A), as further described in the Project Description stated in Exhibit A and illustrated in Exhibit B incorporated herein by this reference, and shall continue to be bound by all the original conditions of approval extending the life of the Tentative Subdivision Map to November 3, 2019 based upon the following finding: Tentative Subdivision Map Extension

Finding: The Applicant’s request to further extend the life of the previously-approved tentative subdivision map is permitted by the Subdivision Map Act. Evidence: Section 66452.6(e) of the California Subdivision Map Act allows the life of an approved or conditionally approved tentative map to be extended for a period or periods not exceeding a total of six years. The tentative subdivision map was approved by the City Council on November 3, 2004, and, subsequently extended by the Planning Commission for a period of two years on December 6, 2007, and, upon completion of a series of Legislative statutory extensions, was due to expire on November 3, 2016. The applicant requested a three-year extension of the map, in accordance with Elk Grove Municipal Code Section 22.20.090 to bring the expiration date to November 3, 2019. This request is in accordance with the Subdivision Map Act and Elk Grove Municipal Code Section 22.20.090 and 22.20.095.

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Planning Commission Resolution – 2016-X | August 4, 2016 Ermandarold Estates TSM Extension (EG-07-128A) Page 3 of 5

The foregoing Resolution of the City of Elk Grove was passed and adopted by the Planning Commission on the 4th day of August 2016, by the following vote: AYES: NOES ABSENT: ABSTAIN: ATTEST: ______________________________________ ____________________________________ Sandy Kyles, PLANNING SECRETARY Fedolia “Sparky” Harris, CHAIR of the PLANNING COMMISSION

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Planning Commission Resolution – 2016-X | August 4, 2016 Ermandarold Estates TSM Extension (EG-07-128A) Page 4 of 5

Exhibit A Ermandarold Estates TSM Extension (EG-07-128A) Project Description

PROJECT DESCRIPTION

The Project consists of a three-year time extension to the previously-approved Tentative Subdivision Map (TSM) that created 35 single family lots and a Design Review for the subdivision layout. The same project already had final approval of a Rezone from Agricultural 80-acres minimum (AG-80) and Agricultural Residential-5-acre minimum (AR-5) to Agricultural Residential-2 (AR-2). The time extension would extend the expiration date of the TSM and Design Review from November 3, 2016 to November 3, 2019. Section 22.20.090 of the Elk Grove Municipal Code states that any TSM is eligible for an extension of time, provided final approval for such extension occurs prior to the expiration of the original map. Additionally, Section 22.20.090 states that upon filing a timely application for an extension of time, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first (1st). The proposed time extension would extend the life of the TSM from November 3, 2016 to November 3, 2019. The TSM will remain subject to the Conditions of Approval of the original Tentative Subdivision Map approval (EG-02-340; Ermandarold Estates).

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Exhibit B Ermandarold Estates TSM Extension (EG-07-128A) Approved Tentative Subdivision Map

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Ermandarold Estates - 1000 ft Radius for Owners

LegendErmandarold EstatesOwners within 1000 ft

0 750375

Feet

Ermandarold Estates

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