Planning Commission Staff Report July 20, 2017 PROJECT: Bow Street Apartments Tentative Parcel Map FILE: EG-17-017 REQUEST: Tentative Parcel Map LOCATION: 8627 Bow Street APN(s): 115-0162-033 STAFF: Darcy Goulart, Planning Manager

PROPERTY OWNER/APPLICANT: Elk Grove Pacific Associates II Don Slattery (Representative) 430 E. State Street., Suite 100 Eagle, ID 83616

Staff Recommendation Staff recommends that the Planning Commission adopt a Resolution:

1. Finding the Project exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15315; and

2. Approving the Tentative Parcel Map and Waiver of a Final Map for the Bow Street Apartments Project (EG-17-017) subject to the findings and conditions of approval contained in the draft Resolution (Attachment 1).

Project Description The Applicant is requesting approval of a Tentative Parcel Map to divide a 4.66 gross acre parcel into two parcels; 2.64 net acres and 1.98 net acres respectively. The request also includes a waiver of a Final Map pursuant to Elk Grove Municipal Code (EGMC) Section 22.20.075. Project Setting This Project site is located at 8627 Bow Street and is the site of an approved 98-unit affordable apartment complex. The site includes various existing structures, well and septic systems and concrete slabs that will all be removed as part of the construction of the apartment complex. Table 1 lists adjacent uses. Figure 1 shows the location of the Project.

Table 1. Adjacent Land Designations and Uses

Existing Uses General Plan Zoning

Project Site Vacant –Future site of Bow Street Apartments

HDR RD-25

North Single Family home sites LDR Calvine/99 SPA South Vacant Commercial Calvine/99 SPA West Single Family home sites HDR RD-20/25 East Vacant HDR Calvine/99 SPA

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Elk Grove Planning Commission Bow Street Apartments Tentative Parcel Map (EG-17-017) July 20, 2017 Page 2

Figure 1 - Vicinity Map

Background On June 6, 2016, the Zoning Administrator approved a Minor Design Review for the 98-unit apartment complex. The complex includes various amenities such as a pool, community building and playground. The approval included the required parking, landscaping and improvements to support the proposed development. All of the units are at or below 60 percent of the area median income, which qualified them as affordable units eligible for a tax credit funded project. The approval also included minor deviations to reduce setbacks along E. Stockton Blvd. and the western property line, as well as a deviation from the 100-foot setback for the proposed three-story building from single family residential properties.

On June 22, 2016, the City Council approved a density bonus for the Bow Street Apartments, which included additional concessions to include a reduction in parking and additional reductions in building setbacks.

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Elk Grove Planning Commission Bow Street Apartments Tentative Parcel Map (EG-17-017) July 20, 2017 Page 3

Figure 2 – Aerial Photograph

Analysis The intent of the Project is merely for financing purposes. Due to recent changes in the structure of affordable housing tax credits, the Applicant needed to come up with an alternative to finance the development of the 98-unit apartment complex, which was facing a monetary shortfall because of the changes. One of the solutions that does not require additional funds from the City is two separate loans for the development. However, in order to receive the funding, there needs to be two separate parcels for the Project. Hence, the Applicant is requesting approval of a TPM. For all intents and purposes, the 98-unit apartment complex will still function as one development. There will be no visible barrier between the two parcels. Amenities, access, parking and maintenance will be shared between the two parcels. A condition of approval requires the Applicant to record a reciprocal access and parking agreement between the parcels, including but not limited to common area ownership, maintenance, utilities, joint access and parking to the satisfaction of the City. The City is a third party beneficiary to the agreement, which ensures that these cross reciprocal rights cannot be terminated by one or both parties without authorization from the City.

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Elk Grove Planning Commission Bow Street Apartments Tentative Parcel Map (EG-17-017) July 20, 2017 Page 4 The 98-unit apartment complex project is in plan review for improvements plans and building permits. All site improvements were conditioned as part of the Minor Design Review. This Project includes conditions of approval for the map. The Project has been reviewed in accordance with the City’s General Plan and the development standards of Title 23 of the Municipal Code (herein after the Zoning Code). The Project is consistent with the development standards of the Zoning Code and other requirements as described below. Tentative Parcel Map & Waiver of a Final Map Figure 3 illustrates the proposed Tentative Parcel Map. Parcel 1 is proposed at 2.64 acres, the larger of the two parcels. Parcel 1 includes three buildings, one of which is the community center, as well as the pool and playground. Parcel 2 includes two buildings and a small outdoor seating area between the two buildings. As mentioned above, tenants will have full rights to utilize all amenities, parking, access drives and trash enclosures on the site. There will be no physical barriers to separate the two parcels. The parking has been divided between the two parcels to provide sufficient parking on each parcel, even though the reciprocal parking agreement will allow for tenants to utilize any of the available parking spaces. Pursuant to the Zoning Code, multi-family developments are not subject to minimum lot standards. The proposed parcels will be required to connect to public sewer and water as the apartment complex develops. As conditioned, the proposed TPM is consistent with the Elk Grove General Plan and complies with the development standards of Elk Grove Municipal Code Title 22 (Land Development) and the Zoning Code. Section 22.20.075 of the EGMC allows the City to waive the requirements for the recordation of a final parcel map in any case when the land being divided consists of a lot or parcels shown on a recorded parcel map or final subdivision map and the full street improvements have been constructed or monumentation is evident. The Project site is part of a previously-recorded final map (Jones Parcel Map) that was recorded in December 2011. The 98-unit apartment complex was conditioned to construct all required improvements such as street improvements, infrastructure for water and sewer and on-site improvements to support the project. The Applicant will submit a plat of survey that will be recorded with the Certificate of Compliance upon approval of the TPM. There are conditions of approval that need to be met by the Applicant prior to recording the Certificate of Compliance, which have been included in Exhibit C of the Resolution.

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Elk Grove Planning Commission Bow Street Apartments Tentative Parcel Map (EG-17-017) July 20, 2017 Page 5

Figure 3 – Proposed TPM

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Elk Grove Planning Commission Bow Street Apartments Tentative Parcel Map (EG-17-017) July 20, 2017 Page 6 Letters from Commenting Agencies This Project was circulated to various City, County, and utility agencies for review and no issues of concern were identified. Comments from agencies have either been addressed through the processing of the Project or have been included as Conditions of Approval. These conditions have been compiled as Exhibit C in the attached Resolution (Attachment 1). 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. CEQA Guideline Section 15315 provides that the division of property in urbanized areas zoned for residential into four or fewer parcels are exempt from further environmental review under CEQA when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. The Applicant’s proposed Tentative Parcel Map and waiver of a final map complies with all applicable high density residential development standards established in the General Plan and Zoning Code. The Project site will be served by public utilities and has been conditioned to construct the required infrastructure to support these utilities. The site will have access directly from the public road, which can adequately serve the Project. The subject property has not been involved in a subdivision within the previous two years and the property is relatively flat. The site is the location of a 98-unit affordable apartment complex that is currently in process of obtaining improvement plans and building permits for construction of that development. Impacts associated with that project were analyzed under a separate entitlement. Based on staff’s review of the Project, no special circumstances exist that would create a reasonable possibility that the proposed Tentative Parcel Map and waiver of a final map will have a significant effect on the environment. Therefore, the project is exempt from CEQA review. 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 the Project exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15315 and approving the Tentative Parcel Map and Waiver of a Final Map for the Bow Street Parcel Map Project (EG-17-017) subject to the findings and conditions of approval contained in the draft Resolution.”

Attachments 1. Resolution Approving the Project

Exhibit A – Project Description Exhibit B – Project Exhibits Exhibit C – Conditions of Approval

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ATTACHMENT 1

RESOLUTION NO. PC-2017-XX JULY 20, 2017

A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION

FINDING THE PROJECT EXEMPT FROM CEQA GUIDELINES SECTION 15315 AND APPROVING A TENTATIVE PARCEL MAP AND WAIVER OF A FINAL MAP

FOR THE

BOW STREET APARTMENTS PROJECT NO. EG-17-017

8627 BOW STREET APN: 115-0162-033

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

application on April 19, 2017, from Elk Grove Pacific Associates II (the “Applicant”) requesting a Tentative Parcel Map and waiver of a final map (the “Project”); 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: 115-0162-033; and WHEREAS, the Project qualifies as a project under the California Environmental Quality

Act (CEQA), Public Resource Code §21000-§21189.3, but is exempt; and WHEREAS, Section 15315 (Minor Land Divisions) of Title 14 of the California Code of

Regulations (State CEQA Guidelines), provides an exemption from CEQA for projects that consist of the division of property in urbanized areas zoned for residential into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent; and

WHEREAS, the Applicant’s proposed tentative parcel map complies with all applicable

RD-25 development standards established in the General Plan and Elk Grove Municipal Code, Title 23 Zoning; and

WHEREAS, services to the proposed parcels will be served by public utilities and access to

each proposed parcels will be provided via public roads; and WHEREAS, the subject property has not been involved in a subdivision within the previous

two years and the property is relatively flat; and WHEREAS, based on staff’s review of the project, no special circumstances exist that

would create a reasonable possibility that the proposed Tentative Parcel Map and waiver of a final map will have a significant effect on the environment; and

WHEREAS, the Development Services 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

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Planning Commission Resolution – Resolution 2017-XX | July 20, 2017 Bow Street Apartments (EG-17-017) Page 2 of 14

WHEREAS, the Planning Commission held a duly-noticed public hearing on July 20, 2017, 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 that no further environmental review is required under CEQA for the Project pursuant to State CEQA Guidelines Section 15315 based upon the following finding: CEQA Finding: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15315 of Title 14 of the California Code of Regulations.

Evidence: CEQA Guideline Section 15315 provides that the division of property in urbanized areas zoned for residential into four or fewer parcels are exempt from further environmental review under CEQA when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. The Applicant’s proposed Tentative Parcel Map and waiver of a final map complies with all applicable high density residential development standards established in the General Plan and Zoning Code. The Project site will be served by public utilities and has been conditioned to construct the required infrastructure to support these utilities. The site will have access directly from the public road, which can adequately serve the Project. The subject property has not been involved in a subdivision within the last two years and the property is relatively flat. The site is the location of a 98-unit affordable apartment complex that is currently in process of obtaining improvement plans and buildings permit for construction of that development. Impacts associated with that project were analyzed under a separate entitlement. Based on staff’s review of the Project, no special circumstances exist that would create a reasonable possibility that the proposed Tentative Parcel Map and waiver of a final map will have a significant effect on the environment. Therefore, the Project is exempt from CEQA review.

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

approves the Tentative Parcel Map and waiver of a final map for the Project, as described in Exhibit A and illustrated in Exhibit B, subject to the Conditions of Approval provided in Exhibit C, (all incorporated herein by this reference), based upon the following findings: Tentative Parcel 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.

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Planning Commission Resolution – Resolution 2017-XX | July 20, 2017 Bow Street Apartments (EG-17-017) Page 3 of 14

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 map is consistent with the Elk Grove General Plan. It meets the

minimum density requirement for multi-family development. b. The design of the improvements of the proposed subdivision is consistent with the

General Plan and design standards of the Municipal Code. The Project will provide adequate access and public infrastructure to the site. The parcels are of adequate size to support the 98-unit apartment complex.

c. The site is physically suitable for extension of rural residential development because the site is designated High Density Residential in the General Plan and zoned for multi-family residential uses.

d. The site is appropriate for the specified density of development because the site is designated High Density Residential in the General Plan and zoned for multi-family residential uses.

e. The proposed Tentative Parcel Map has been designed to comply with Title 22 and 23 of the Elk Grove Municipal Code. The site is void of any features that would support fish, wildlife or their habitat and, therefore, would not cause substantial environmental damage.

f. The design of the subdivision map or type of improvements will meet all applicable standards or regulations and will not cause serious public health problems. The site will be served by all required public utilities for disposal of solid waste and delivery of water to the site, have access to improved public roads, and is not located within a flood zone.

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.

The foregoing Resolution of the City of Elk Grove was passed and adopted by the Planning Commission on the 20th day of July 2017, by the following vote: AYES: NOES ABSENT: ABSTAIN: ATTEST:

Sandy Kyles, PLANNING SECRETARY Kevin Spease, CHAIR of the PLANNING COMMISSION

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Exhibit A Bow Street Apartment TPM (EG-17-017) Project Description

Planning Commission Resolution – Resolution 2017-XX | July 20, 2017 Bow Street Apartments (EG-17-017) Page 4 of 14

PROJECT DESCRIPTION

The Bow Street Tentative Parcel Map Project (Project) consists of a Tentative Parcel Map to divide a 4.66 gross acre parcel into two parcels; 2.64 net acres and 1.98 net acres respectively. The request also includes a waiver of a Final Map.

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Exhibit C Bow Street Tentative Parcel Map (EG-17-017) Conditions of Approval

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Conditions of Approval Timing/ Implemen

tation Enforcement/

Monitoring

Verification (date and Signature)

On Going 1. The Bow Street Apartments (Project) located at 8627Bow Street (APN: 115-0162-033)

approved by this action is for a Tentative Parcel Map to subdivision 4.66 gross acres into two parcels.

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

On-Going Planning

3. 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

4. The Tentative Parcel Map will expire three years from the date of Planning Commission approval unless exercised or extended pursuant to Chapter 23.18 of the Elk Grove Zoning Code.

On-Going Planning

5. As to any fee, dedication, reservation or exaction established by these conditions of approval that are subject to the Mitigation Fee Act, notice is hereby given pursuant to California Government Code section 66020(d) that the 90-day period in which you may protest the fees set forth herein has begun to run as of the date of approval of this Project. Other limitations periods may apply. The City reserves all rights.

On-Going Finance

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Exhibit C Bow Street Tentative Parcel Map (EG-17-017) Conditions of Approval

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Conditions of Approval Timing/ Implemen

tation Enforcement/

Monitoring

Verification (date and Signature)

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

• The Elk Grove Zoning Code (Title 23 of the EGMC) • EGMC Chapter 19.12 (Tree Preservation and Protection) • EGMC Chapter 14.10 (Water Efficient Landscape Requirements) or the State

Model Water Efficient Landscape Ordinance, whichever is more restrictive. • EGMC Title 16 (Building and Construction)

On-Going Planning Engineering Public Works

Building

7. The Applicant shall design and construct all improvements in accordance with the City of Elk Grove Improvement Standards, as further conditioned herein, and to the satisfaction of the City. All street improvements shall include vertical curb and gutter. Specific locations on median(s) that require emergency vehicle access will be evaluated during review and acceptance of the Improvement Plans. Public sewer, water, and other utility infrastructure shall be designed and constructed in accordance with the standards of the appropriate utility.

On-Going Engineering Public Works

SCWA SASD SMUD PG&E

8. The Applicant shall pay all applicable plan check fees, impact fees, or other costs as required by the City, the Cosumnes Community Services District (CCSD), Sacramento Area Sewer District (SASD), Sacramento County Water Agency (SCWA), Sacramento Regional County Sanitation District (SRCSD) or other agencies or service providers.

On-Going Planning Engineering

Building CCSD SCWA SASD

SRCSD

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Exhibit C Bow Street Tentative Parcel Map (EG-17-017) Conditions of Approval

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Conditions of Approval Timing/ Implemen

tation Enforcement/

Monitoring

Verification (date and Signature)

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

• Grading Permit and Improvement Plan • Building Permit and Certificate of Occupancy • Requirements of the Sacramento Metropolitan Air Quality Management

District • Fire Permit

On-Going Planning Engineering Public Works

Building CCSD SCWA SASD

Prior to or in Conjunction with Certificate of Compliance/Parcel Map Waiver 10. The Applicant shall file a plat of survey in accordance with the City’s Municipal

Code, Section 22.400 and to the satisfaction of the City. Certificate of Compliance/ Parcel Map

Waiver

Engineering

11. The Applicant shall reserve future access between parcels 115-0162-036, 115-0162-019, and 115-0162-023 and the parcel of this development (APN: 115-0162-033). The location of the reciprocal access area shall be to the satisfaction of the City. Applicant shall record a Covenant Agreement to the satisfaction of the City providing for access to parcels 115-0162-036, 115-0162-019, and 115-0162-023. Should owner of parcels 115-0162-036, 115-0162-019, and 115-0162-023 want reciprocal access at a future date the Applicant shall record a reciprocal access agreement with the adjoining property owner across all properties.

Certificate of Compliance/ Parcel Map

Waiver

Engineering

12. The Applicant shall record a reciprocal access and parking agreement between the parcels of this development, including but not limited to common area ownership, maintenance, utilities, joint access and parking to the satisfaction of the City.

Certificate of Compliance/ Parcel Map

Waiver

Engineering

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Exhibit C Bow Street Tentative Parcel Map (EG-17-017) Conditions of Approval

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Conditions of Approval Timing/ Implemen

tation Enforcement/

Monitoring

Verification (date and Signature)

13. The Applicant shall dedicate, design, and construct the southerly half-section of Bow Street based on a 46-foot right-of-way, adjacent to the Project’s frontage, measured from back of sidewalk to back of sidewalk. Improvements and appropriate road transitions, including all necessary signing and striping, will be evaluated during Improvement Plan review and shall be in accordance with City’s Calvine/SR 99 Specific Plan, Improvement Standards and to the satisfaction of the City.

Certificate of Compliance/ Parcel Map

Waiver

Engineering

14. The Applicant shall acquire, dedicate, design, and construct Auberry Drive as a 56-foot right-of-way, measured from back of curb to back of sidewalk (adjacent to park) in accordance with the City’s Calvine/SR 99 Specific Plan, Improvement Standards and to the satisfaction of the City.

Certificate of Compliance/ Parcel Map

Waiver

Engineering

15. The Applicant shall design and install the mid-block crosswalk at the location shown on the map to the satisfaction of the City. Improvements shall include, but not be limited to rectangular rapid flash beacons, signage, and striping.

Certificate of Compliance/Parc

el Map Waiver

Engineering Public Works

16. The Applicant shall coordinate with Public Works Department, Transit Division to dedicate, design and construct a bus stop, cement pad, bench and/or shelter with trash receptacle on East Stockton Boulevard, approximately 200 feet west of the intersection of Auberry Drive extension and East Stockton Blvd. The bus stop cement pad shall be dedicated, designed and constructed in accordance with the City Improvement Standards and Specifications and to the satisfaction of Public Works.

Certificate of Compliance/ Parcel Map

Waiver

Engineering Public Works

17. The Applicant may satisfy their public improvement obligations by entering into a Public Improvement Agreement with the City of Elk Grove.

Certificate of Compliance/ Parcel Map

Waiver

Engineering

18. The Applicant shall dedicate to the City, a pedestrian easement for the separated sidewalk within the landscape corridor on Auberry Drive adjacent to the Project to the satisfaction of the City.

Certificate of Compliance/ Parcel Map

Waiver

Engineering

19. The Applicant shall dedicate exclusive access rights (direct vehicular ingress and egress) along Bow Street, adjacent to the Project’s frontage, to the satisfaction the City of Elk Grove.

Certificate of Compliance/ Parcel Map

Waiver

Engineering

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Exhibit C Bow Street Tentative Parcel Map (EG-17-017) Conditions of Approval

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Conditions of Approval Timing/ Implemen

tation Enforcement/

Monitoring

Verification (date and Signature)

20. The Applicant shall dedicate to the City of Elk Grove, a 12.5 foot public utility easement for underground facilities and appurtenances adjacent Auberry Drive.

Certificate of Compliance/ Parcel Map

Waiver

Engineering

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SHOOFLY CT

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DR

LILYP

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L ILYPAD LN

CONFETTI CTSPLENDOR LN

LOLLIPOP LN

SUNDANCE LN

HWY 99 NB

DELOACH WAY

LYTON WAY

HWY 99 SB SHELDON RD OFF

HWY 99 SB

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HAWLEYWAY

KAMELIA CT

FESTIVAL DR

DANDELION DR

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Bow Street Apartments Map EG17017 - 500 ft Radius for Owners

LegendProject_ParcelOwner_Parcels

0 250125

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