CITY OF ELK GROVE CITY COUNCIL STAFF REPORT€¦ · AGENDA ITEM NO. 9.2 CITY OF ELK GROVE CITY...

47
AGENDA ITEM NO. 9.2 CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA TITLE: A public hearing to consider Crooked Creek Estates East (EG 15-050) – General Plan Amendment, East Elk Grove Specific Plan Amendment, Rezone, Small Lot Tentative Subdivision Map, Design Review for Subdivision Layout and Abandonment of Irrevocable Offer of Dedication and Drainage Easement (CEQA Exempt) MEETING DATE: December 14, 2016 PREPARED BY: Pam Johns, Special Project Manager DEPARTMENT HEAD: Darren Wilson, Development Services Director PROJECT INFORMATION: Location: 9879, 9891, 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan Planner: Pam Johns, Special Project Manager Applicant: Threshold Construction, Inc. Mark Weiss (Representative) 2115 J Street, Suite 201 Sacramento, CA 95816 Property Owner: Johan and Anne Otto Trust 9846 Waterman Road Elk Grove, CA 95624 Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove, CA 95624 1

Transcript of CITY OF ELK GROVE CITY COUNCIL STAFF REPORT€¦ · AGENDA ITEM NO. 9.2 CITY OF ELK GROVE CITY...

AGENDA ITEM NO 92

CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

AGENDA TITLE A public hearing to consider Crooked

Creek Estates East (EG 15-050) ndash General Plan Amendment East Elk Grove Specific Plan Amendment Rezone Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of Irrevocable Offer of Dedication and Drainage Easement (CEQA Exempt)

MEETING DATE December 14 2016 PREPARED BY Pam Johns Special Project Manager DEPARTMENT HEAD Darren Wilson Development Services

Director PROJECT INFORMATION Location 9879 9891 9846 Waterman Road within the southern

portion of the East Elk Grove Specific Plan Planner Pam Johns Special Project Manager Applicant Threshold Construction Inc

Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

Property Owner Johan and Anne Otto Trust

9846 Waterman Road Elk Grove CA 95624 Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

1

Elk Grove City Council December 14 2016 Page 2 of 12 RECOMMENDED ACTION By a vote of 4-0 at its November 17 2016 meeting (Harris absent) the Planning Commission recommends that the City Council 1 Adopt a Resolution

i) Finding the Crooked Creek Estates East General Plan

Amendment East Elk Grove Specific Plan Amendment Rezone Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of Irrevocable Offer of Dedication (IOD) and Drainage Easement Project (Project) exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15162

ii) Approving the General Plan Amendment East Elk Grove Specific

Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD and Drainage Easement for the Project as described in Attachment 1 and

2 Introduce and waive the full reading by substitution of title only an

Ordinance approving the rezone for the Project as described in Attachment 2

At its November 17 2016 meeting the Planning Commission discussed the Applicant concerns regarding the flood mapping condition (see Condition of Approval 14) and directed staff to meet and consider whether their concerns could be addressed through any modification to the requirement Staff met with the Applicantrsquos representatives including the Applicantrsquos attorney and engineer and prepared modifications regarding the timing or phasing of flood mapping requirements which have been incorporated in Exhibit F of Attachment 1 The Applicant has seen and agreed to the revised condition PROJECT DESCRIPTION The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East

2

Elk Grove City Council December 14 2016 Page 3 of 12 Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

bull General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

bull East Elk Grove Specific Plan Amendment to change the land use

designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

bull Rezone to change the zone district of Single-Family Residential-4

duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

bull Small Lot Tentative Subdivision Map to subdivide the 449-acre

project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

bull Design Review for subdivision layout

BACKGROUND INFORMATION The East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) The EEGSP area included 1440 undeveloped acres bounded by Bond Waterman Grant Line and Bradshaw Roads in the City of Elk Grove Since incorporation the City has approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the Project area (eg tentative subdivision maps)

The Crooked Creek Estates project area within EEGSP includes 66 acres of light industrial residential park school and open space uses In 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review as follows

3

Elk Grove City Council December 14 2016 Page 4 of 12

bull Relocation of the approved public school park and low density residential sites

bull Rezoning of 66 acres from AR-10 to Industrial Office Park (MP) Residential-4 dwellingsacre (RD-4) Open Space (OS) and Public Park

bull Large Lot Tentative Subdivision Map creating lots A-I (Map dated November 2004)

bull Small Lot Tentative Subdivision Map of Lot G creating 78 RD-4 zoned residential lots (map dated November 2004) and

bull Subdivision Design Review for the Small Lot Tentative Subdivision Map

The City also approved a map extension which together with legislative extensions will expire on January 17 2017

On January 22 2014 the City Council approved tentative maps (small and large lot) for the Fieldstone North Project (EG 13-004) located east of Crooked Creek Estates for a residential subdivision That approval included the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Park District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision This proposed land use change and new map for Crooked Creek Estates East complete the transfer of park and open space land previously approved by City Council for Fieldstone North

The proposed Crooked Creek Estates East project (Project) would replace the previously-approved Small Lot Tentative Subdivision Map and corresponding design review along with additional minor land use changes to further adjust the park and open space designations consistent with approved park and open space plan Finally the City is initiating a clean-up of the General Plan land use map to reflect previous and proposed zoning and Specific Plan amendments See Figure 1 for East Elk Grove Specific Plan Land Use Plan including location of both the larger Crooked Creek Estates and the Project (Crooked Creek Estates East)

4

Elk Grove City Council December 14 2016 Page 5 of 12

Figure 1 East Elk Grove Specific Plan Land Use Plan

ANALYSIS General Plan Amendment General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission As such the Planning Director and Planning Commission have approved minor land use changes in conjunction with other land use entitlements within the EEGSP without General Plan map amendments With this

5

Elk Grove City Council December 14 2016 Page 6 of 12 proposed Project the City initiated a General Plan map amendment to reflect changes to date including the park open space and residential land transfer Specific changes to each General Plan land use category are listed in Table 1 below and shown in Figure 2

Table 1 General Plan Land Use Amendment Summary General Plan Land Use Existing

Acreage Proposed Acreage

Delta

LDR (Low Density Residential) 241 240 -01 PS (Public Schools) 90 109 +19 PP (Public Parks) 80 45 -35 PubOsRec (Public Open Space Recreation)

78 95 +17

Total 489 489 00

Figure 2 General Plan Amendment

East Elk Grove Specific Plan Amendment The Applicant proposes to amend the EEGSP in order to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space consistent with the approved park plan The reduction in park land by approximately 49 acres and reduction in open space land of approximately 04 acres is added to the

6

Elk Grove City Council December 14 2016 Page 7 of 12 residential land use category which is proposed to change from Residential 4 to Residential 5 The change in land use would allow an increase in density on approximately 243 acres from four dwelling units per acre to five dwelling units per acre consistent with the proposed Small Lot Tentative Subdivision Map Specific changes are summarized in Table 2 below and shown in Figure 3 Table 2 East Elk Grove Specific Plan Land Use Amendment Summary EEGSP Land Use Existing

Acreage Proposed Acreage

Delta

Residential 4 190 00 -190 Residential 5 00 243 +243 School 109 109 00 Park 89 40 -49 Open Space 121 117 -04

Total 509 509 00

Figure 3 East Elk Grove Specific Plan Amendment

Rezone The Applicant proposes to Rezone property within the Project area to change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also

7

Elk Grove City Council December 14 2016 Page 8 of 12 includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations Specific changes to the Cityrsquos zoning designations are listed in Table 3 below and shown in Figure 4

Table 3 Summary of Proposed Changes to Zoning Map

City Zoning District Existing Acreage

Proposed Acreage

Delta

RD-4 299 00 -299 RD-5 00 352 +352 O (Open Space) 210 157 -53

Total 509 509 00

Figure 4 Rezone Exhibit

Small Lot Tentative Subdivision Map and Subdivision Design Review The Applicant proposes a new Small Lot Tentative Subdivision Map to subdivide the 489-acre Project site into 121 single-family residential lots school site park site and open space area The original Tentative Subdivision Map was approved on January 17 2005 for 78 single-family lots and with statutory extensions and one map extension of February 7 2008 expires January 17 2017

The primary reason for the land use and map changes is to reflect the previous City Council approval of the option to transfer five acres of open space from the Project to Fieldstone North in order to expandcontinue the

8

Elk Grove City Council December 14 2016 Page 9 of 12 Derr Okamoto Park The Park District purchased that land in Fieldstone North on previously approved single-family residential land reducing the number of residential units approved by 26 lots The Project tentative map reflects the transfer of five acres of park land to Fieldstone North and corresponding increase in single family residential land

The EEGSP establishes a unit allocation for subsequent development within the Project area for a total of 4513 units The Project site was initially allocated a total of 95 units (lots) The original map approval for 78 single-family lots was 17 units below the allocated unit count The current map proposal for 121 single-family lots is 26 lots over the EEGSP unit allocation For implementation and tracking purposes the City created a table showing allocated and approved unit allocation throughout the EEGSP area which identifies any surplus of units available for distribution within the overall plan area Currently there is a surplus of 165 units within the EEGSP including 17 surplus units from the original approval Staff recommends this Project be granted a total of 43 of the 165 surplus units which equates to 26 units above the original allocation for the Project Given that the majority of EEGSP is now developed below the maximum planned unit allocation of 4513 units this surplus of 165 units is not likely to be fully allocated on the remaining undeveloped land Additionally the requested surplus is equivalent to the 26 units reduced in Fieldstone North as a result of the previous land use transfer approved by City Council

The Project also includes an Abandonment of a portion of one Irrevocable Offer of Dedication for right-of-way and one drainage easement as listed below which were shown and conditioned for abandonment on the previous map approval

1 IOD along Charolais Way for a portion of the roadway lying outside the required right-of-way for this map approval and

2 With the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the existing drainage easement can be abandoned As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code Section 66434(g) as part of the City Council action

Staff has reviewed the abandonments proposed by the Applicant and finds the abandonments appropriate as they serve no purpose as originally intended by the previous map approval Proposed Abandonments are shown and listed on the proposed map (Attachment 1 Exhibit D)

9

Elk Grove City Council December 14 2016 Page 10 of 12 The land use summary for the Small Lot Tentative Subdivision Map is provided in Table 4 and shown in Figure 5 below

Table 4 Crooked Creek Estates East Small Lot Tentative Subdivision Land Use Summary

Lot Land Use Lot Size Zoning District Net

Acres Gross Acres

Dwelling Units

Gross Densit

y 1 ndash 121 Residential 5 RD-5 243 243 121 50

A Elementary School RD-5 99 109

B Park Open Space 40 40 C Open Space Open Space 53 61 D Open Space Open Space 40 40 E Open Space Open Space 14 16

Total 489 509 121 50

Figure 5 Small Lot Tentative Subdivision Map

10

Elk Grove City Council December 14 2016 Page 11 of 12 The proposed Small Lot Tentative Subdivision Map is consistent with the Zoning Code development standards in that it meets or exceeds all of the minimum development standards for the RD-5 zoning district as outlined in the Table 5 below

Table 5 Project Compliance with RD-5 Development Standards Description Standard Proposed Project Compliance YN

Maximum Density 50 duac 50 duac Yes Lot Area Minimum 5200 square feet 5200 square feet Yes Lot Width Minimum (at front setback line)

52 feet 52 feet Yes

Corner Lot Width 62 feet 63 feet Yes Lot Depth 85 feet 96 feet Yes The proposed Project complies with the Elk Grove Design Guidelines for subdivision design for individual subdivisions that are part of a larger area plan The site is north of the Elk Grove Creek open space and drainage corridor with a Class 1 multi-use trail extending the entire length of the southern and western boundaries The Project connects and abuts existing and approved single family residential land to the north and east Light industrial and office park uses are across an open space utility easement to the west and northwest There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site Future homes on the site will require approval of a Master Home Plan Design Review

The proposed Small Lot Tentative Subdivision Map does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have been incorporated into Project conditions of approval (Exhibit F of Attachment 1) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E of Attachment 1)

11

Elk Grove City Council December 14 2016 Page 12 of 12 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 ldquoprojectsrdquo A ldquoprojectrdquo under CEQA is defined as ldquothe 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 environmentrdquo The proposed project is a project under CEQA Staff has reviewed the project to determine the required level of review under CEQA The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-499) and the Fieldstone North Project (EG13-004) evaluating the map and park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR executing the park land transfer approved for Fieldstone North Therefore this Project qualifies for the identified exemption and no further environmental review is required ATTACHMENTS

1 Resolution ndash Approval of the General Plan Amendment East Elk Grove Specific Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD

A Exhibit A Project Description B Exhibit B General Plan Amendment Exhibit C Exhibit C East Elk Grove Specific Plan Amendment D Exhibit D Small Lot Tentative Subdivision Map E Exhibit E Waterman Drive Intersection Exhibit F Exhibit F Conditions of Approval

2 Rezone Ordinance A Rezone Exhibit

12

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Elk Grove City Council December 14 2016 Page 2 of 12 RECOMMENDED ACTION By a vote of 4-0 at its November 17 2016 meeting (Harris absent) the Planning Commission recommends that the City Council 1 Adopt a Resolution

i) Finding the Crooked Creek Estates East General Plan

Amendment East Elk Grove Specific Plan Amendment Rezone Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of Irrevocable Offer of Dedication (IOD) and Drainage Easement Project (Project) exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15162

ii) Approving the General Plan Amendment East Elk Grove Specific

Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD and Drainage Easement for the Project as described in Attachment 1 and

2 Introduce and waive the full reading by substitution of title only an

Ordinance approving the rezone for the Project as described in Attachment 2

At its November 17 2016 meeting the Planning Commission discussed the Applicant concerns regarding the flood mapping condition (see Condition of Approval 14) and directed staff to meet and consider whether their concerns could be addressed through any modification to the requirement Staff met with the Applicantrsquos representatives including the Applicantrsquos attorney and engineer and prepared modifications regarding the timing or phasing of flood mapping requirements which have been incorporated in Exhibit F of Attachment 1 The Applicant has seen and agreed to the revised condition PROJECT DESCRIPTION The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East

2

Elk Grove City Council December 14 2016 Page 3 of 12 Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

bull General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

bull East Elk Grove Specific Plan Amendment to change the land use

designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

bull Rezone to change the zone district of Single-Family Residential-4

duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

bull Small Lot Tentative Subdivision Map to subdivide the 449-acre

project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

bull Design Review for subdivision layout

BACKGROUND INFORMATION The East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) The EEGSP area included 1440 undeveloped acres bounded by Bond Waterman Grant Line and Bradshaw Roads in the City of Elk Grove Since incorporation the City has approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the Project area (eg tentative subdivision maps)

The Crooked Creek Estates project area within EEGSP includes 66 acres of light industrial residential park school and open space uses In 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review as follows

3

Elk Grove City Council December 14 2016 Page 4 of 12

bull Relocation of the approved public school park and low density residential sites

bull Rezoning of 66 acres from AR-10 to Industrial Office Park (MP) Residential-4 dwellingsacre (RD-4) Open Space (OS) and Public Park

bull Large Lot Tentative Subdivision Map creating lots A-I (Map dated November 2004)

bull Small Lot Tentative Subdivision Map of Lot G creating 78 RD-4 zoned residential lots (map dated November 2004) and

bull Subdivision Design Review for the Small Lot Tentative Subdivision Map

The City also approved a map extension which together with legislative extensions will expire on January 17 2017

On January 22 2014 the City Council approved tentative maps (small and large lot) for the Fieldstone North Project (EG 13-004) located east of Crooked Creek Estates for a residential subdivision That approval included the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Park District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision This proposed land use change and new map for Crooked Creek Estates East complete the transfer of park and open space land previously approved by City Council for Fieldstone North

The proposed Crooked Creek Estates East project (Project) would replace the previously-approved Small Lot Tentative Subdivision Map and corresponding design review along with additional minor land use changes to further adjust the park and open space designations consistent with approved park and open space plan Finally the City is initiating a clean-up of the General Plan land use map to reflect previous and proposed zoning and Specific Plan amendments See Figure 1 for East Elk Grove Specific Plan Land Use Plan including location of both the larger Crooked Creek Estates and the Project (Crooked Creek Estates East)

4

Elk Grove City Council December 14 2016 Page 5 of 12

Figure 1 East Elk Grove Specific Plan Land Use Plan

ANALYSIS General Plan Amendment General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission As such the Planning Director and Planning Commission have approved minor land use changes in conjunction with other land use entitlements within the EEGSP without General Plan map amendments With this

5

Elk Grove City Council December 14 2016 Page 6 of 12 proposed Project the City initiated a General Plan map amendment to reflect changes to date including the park open space and residential land transfer Specific changes to each General Plan land use category are listed in Table 1 below and shown in Figure 2

Table 1 General Plan Land Use Amendment Summary General Plan Land Use Existing

Acreage Proposed Acreage

Delta

LDR (Low Density Residential) 241 240 -01 PS (Public Schools) 90 109 +19 PP (Public Parks) 80 45 -35 PubOsRec (Public Open Space Recreation)

78 95 +17

Total 489 489 00

Figure 2 General Plan Amendment

East Elk Grove Specific Plan Amendment The Applicant proposes to amend the EEGSP in order to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space consistent with the approved park plan The reduction in park land by approximately 49 acres and reduction in open space land of approximately 04 acres is added to the

6

Elk Grove City Council December 14 2016 Page 7 of 12 residential land use category which is proposed to change from Residential 4 to Residential 5 The change in land use would allow an increase in density on approximately 243 acres from four dwelling units per acre to five dwelling units per acre consistent with the proposed Small Lot Tentative Subdivision Map Specific changes are summarized in Table 2 below and shown in Figure 3 Table 2 East Elk Grove Specific Plan Land Use Amendment Summary EEGSP Land Use Existing

Acreage Proposed Acreage

Delta

Residential 4 190 00 -190 Residential 5 00 243 +243 School 109 109 00 Park 89 40 -49 Open Space 121 117 -04

Total 509 509 00

Figure 3 East Elk Grove Specific Plan Amendment

Rezone The Applicant proposes to Rezone property within the Project area to change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also

7

Elk Grove City Council December 14 2016 Page 8 of 12 includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations Specific changes to the Cityrsquos zoning designations are listed in Table 3 below and shown in Figure 4

Table 3 Summary of Proposed Changes to Zoning Map

City Zoning District Existing Acreage

Proposed Acreage

Delta

RD-4 299 00 -299 RD-5 00 352 +352 O (Open Space) 210 157 -53

Total 509 509 00

Figure 4 Rezone Exhibit

Small Lot Tentative Subdivision Map and Subdivision Design Review The Applicant proposes a new Small Lot Tentative Subdivision Map to subdivide the 489-acre Project site into 121 single-family residential lots school site park site and open space area The original Tentative Subdivision Map was approved on January 17 2005 for 78 single-family lots and with statutory extensions and one map extension of February 7 2008 expires January 17 2017

The primary reason for the land use and map changes is to reflect the previous City Council approval of the option to transfer five acres of open space from the Project to Fieldstone North in order to expandcontinue the

8

Elk Grove City Council December 14 2016 Page 9 of 12 Derr Okamoto Park The Park District purchased that land in Fieldstone North on previously approved single-family residential land reducing the number of residential units approved by 26 lots The Project tentative map reflects the transfer of five acres of park land to Fieldstone North and corresponding increase in single family residential land

The EEGSP establishes a unit allocation for subsequent development within the Project area for a total of 4513 units The Project site was initially allocated a total of 95 units (lots) The original map approval for 78 single-family lots was 17 units below the allocated unit count The current map proposal for 121 single-family lots is 26 lots over the EEGSP unit allocation For implementation and tracking purposes the City created a table showing allocated and approved unit allocation throughout the EEGSP area which identifies any surplus of units available for distribution within the overall plan area Currently there is a surplus of 165 units within the EEGSP including 17 surplus units from the original approval Staff recommends this Project be granted a total of 43 of the 165 surplus units which equates to 26 units above the original allocation for the Project Given that the majority of EEGSP is now developed below the maximum planned unit allocation of 4513 units this surplus of 165 units is not likely to be fully allocated on the remaining undeveloped land Additionally the requested surplus is equivalent to the 26 units reduced in Fieldstone North as a result of the previous land use transfer approved by City Council

The Project also includes an Abandonment of a portion of one Irrevocable Offer of Dedication for right-of-way and one drainage easement as listed below which were shown and conditioned for abandonment on the previous map approval

1 IOD along Charolais Way for a portion of the roadway lying outside the required right-of-way for this map approval and

2 With the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the existing drainage easement can be abandoned As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code Section 66434(g) as part of the City Council action

Staff has reviewed the abandonments proposed by the Applicant and finds the abandonments appropriate as they serve no purpose as originally intended by the previous map approval Proposed Abandonments are shown and listed on the proposed map (Attachment 1 Exhibit D)

9

Elk Grove City Council December 14 2016 Page 10 of 12 The land use summary for the Small Lot Tentative Subdivision Map is provided in Table 4 and shown in Figure 5 below

Table 4 Crooked Creek Estates East Small Lot Tentative Subdivision Land Use Summary

Lot Land Use Lot Size Zoning District Net

Acres Gross Acres

Dwelling Units

Gross Densit

y 1 ndash 121 Residential 5 RD-5 243 243 121 50

A Elementary School RD-5 99 109

B Park Open Space 40 40 C Open Space Open Space 53 61 D Open Space Open Space 40 40 E Open Space Open Space 14 16

Total 489 509 121 50

Figure 5 Small Lot Tentative Subdivision Map

10

Elk Grove City Council December 14 2016 Page 11 of 12 The proposed Small Lot Tentative Subdivision Map is consistent with the Zoning Code development standards in that it meets or exceeds all of the minimum development standards for the RD-5 zoning district as outlined in the Table 5 below

Table 5 Project Compliance with RD-5 Development Standards Description Standard Proposed Project Compliance YN

Maximum Density 50 duac 50 duac Yes Lot Area Minimum 5200 square feet 5200 square feet Yes Lot Width Minimum (at front setback line)

52 feet 52 feet Yes

Corner Lot Width 62 feet 63 feet Yes Lot Depth 85 feet 96 feet Yes The proposed Project complies with the Elk Grove Design Guidelines for subdivision design for individual subdivisions that are part of a larger area plan The site is north of the Elk Grove Creek open space and drainage corridor with a Class 1 multi-use trail extending the entire length of the southern and western boundaries The Project connects and abuts existing and approved single family residential land to the north and east Light industrial and office park uses are across an open space utility easement to the west and northwest There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site Future homes on the site will require approval of a Master Home Plan Design Review

The proposed Small Lot Tentative Subdivision Map does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have been incorporated into Project conditions of approval (Exhibit F of Attachment 1) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E of Attachment 1)

11

Elk Grove City Council December 14 2016 Page 12 of 12 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 ldquoprojectsrdquo A ldquoprojectrdquo under CEQA is defined as ldquothe 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 environmentrdquo The proposed project is a project under CEQA Staff has reviewed the project to determine the required level of review under CEQA The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-499) and the Fieldstone North Project (EG13-004) evaluating the map and park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR executing the park land transfer approved for Fieldstone North Therefore this Project qualifies for the identified exemption and no further environmental review is required ATTACHMENTS

1 Resolution ndash Approval of the General Plan Amendment East Elk Grove Specific Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD

A Exhibit A Project Description B Exhibit B General Plan Amendment Exhibit C Exhibit C East Elk Grove Specific Plan Amendment D Exhibit D Small Lot Tentative Subdivision Map E Exhibit E Waterman Drive Intersection Exhibit F Exhibit F Conditions of Approval

2 Rezone Ordinance A Rezone Exhibit

12

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Elk Grove City Council December 14 2016 Page 3 of 12 Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

bull General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

bull East Elk Grove Specific Plan Amendment to change the land use

designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

bull Rezone to change the zone district of Single-Family Residential-4

duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

bull Small Lot Tentative Subdivision Map to subdivide the 449-acre

project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

bull Design Review for subdivision layout

BACKGROUND INFORMATION The East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) The EEGSP area included 1440 undeveloped acres bounded by Bond Waterman Grant Line and Bradshaw Roads in the City of Elk Grove Since incorporation the City has approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the Project area (eg tentative subdivision maps)

The Crooked Creek Estates project area within EEGSP includes 66 acres of light industrial residential park school and open space uses In 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review as follows

3

Elk Grove City Council December 14 2016 Page 4 of 12

bull Relocation of the approved public school park and low density residential sites

bull Rezoning of 66 acres from AR-10 to Industrial Office Park (MP) Residential-4 dwellingsacre (RD-4) Open Space (OS) and Public Park

bull Large Lot Tentative Subdivision Map creating lots A-I (Map dated November 2004)

bull Small Lot Tentative Subdivision Map of Lot G creating 78 RD-4 zoned residential lots (map dated November 2004) and

bull Subdivision Design Review for the Small Lot Tentative Subdivision Map

The City also approved a map extension which together with legislative extensions will expire on January 17 2017

On January 22 2014 the City Council approved tentative maps (small and large lot) for the Fieldstone North Project (EG 13-004) located east of Crooked Creek Estates for a residential subdivision That approval included the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Park District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision This proposed land use change and new map for Crooked Creek Estates East complete the transfer of park and open space land previously approved by City Council for Fieldstone North

The proposed Crooked Creek Estates East project (Project) would replace the previously-approved Small Lot Tentative Subdivision Map and corresponding design review along with additional minor land use changes to further adjust the park and open space designations consistent with approved park and open space plan Finally the City is initiating a clean-up of the General Plan land use map to reflect previous and proposed zoning and Specific Plan amendments See Figure 1 for East Elk Grove Specific Plan Land Use Plan including location of both the larger Crooked Creek Estates and the Project (Crooked Creek Estates East)

4

Elk Grove City Council December 14 2016 Page 5 of 12

Figure 1 East Elk Grove Specific Plan Land Use Plan

ANALYSIS General Plan Amendment General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission As such the Planning Director and Planning Commission have approved minor land use changes in conjunction with other land use entitlements within the EEGSP without General Plan map amendments With this

5

Elk Grove City Council December 14 2016 Page 6 of 12 proposed Project the City initiated a General Plan map amendment to reflect changes to date including the park open space and residential land transfer Specific changes to each General Plan land use category are listed in Table 1 below and shown in Figure 2

Table 1 General Plan Land Use Amendment Summary General Plan Land Use Existing

Acreage Proposed Acreage

Delta

LDR (Low Density Residential) 241 240 -01 PS (Public Schools) 90 109 +19 PP (Public Parks) 80 45 -35 PubOsRec (Public Open Space Recreation)

78 95 +17

Total 489 489 00

Figure 2 General Plan Amendment

East Elk Grove Specific Plan Amendment The Applicant proposes to amend the EEGSP in order to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space consistent with the approved park plan The reduction in park land by approximately 49 acres and reduction in open space land of approximately 04 acres is added to the

6

Elk Grove City Council December 14 2016 Page 7 of 12 residential land use category which is proposed to change from Residential 4 to Residential 5 The change in land use would allow an increase in density on approximately 243 acres from four dwelling units per acre to five dwelling units per acre consistent with the proposed Small Lot Tentative Subdivision Map Specific changes are summarized in Table 2 below and shown in Figure 3 Table 2 East Elk Grove Specific Plan Land Use Amendment Summary EEGSP Land Use Existing

Acreage Proposed Acreage

Delta

Residential 4 190 00 -190 Residential 5 00 243 +243 School 109 109 00 Park 89 40 -49 Open Space 121 117 -04

Total 509 509 00

Figure 3 East Elk Grove Specific Plan Amendment

Rezone The Applicant proposes to Rezone property within the Project area to change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also

7

Elk Grove City Council December 14 2016 Page 8 of 12 includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations Specific changes to the Cityrsquos zoning designations are listed in Table 3 below and shown in Figure 4

Table 3 Summary of Proposed Changes to Zoning Map

City Zoning District Existing Acreage

Proposed Acreage

Delta

RD-4 299 00 -299 RD-5 00 352 +352 O (Open Space) 210 157 -53

Total 509 509 00

Figure 4 Rezone Exhibit

Small Lot Tentative Subdivision Map and Subdivision Design Review The Applicant proposes a new Small Lot Tentative Subdivision Map to subdivide the 489-acre Project site into 121 single-family residential lots school site park site and open space area The original Tentative Subdivision Map was approved on January 17 2005 for 78 single-family lots and with statutory extensions and one map extension of February 7 2008 expires January 17 2017

The primary reason for the land use and map changes is to reflect the previous City Council approval of the option to transfer five acres of open space from the Project to Fieldstone North in order to expandcontinue the

8

Elk Grove City Council December 14 2016 Page 9 of 12 Derr Okamoto Park The Park District purchased that land in Fieldstone North on previously approved single-family residential land reducing the number of residential units approved by 26 lots The Project tentative map reflects the transfer of five acres of park land to Fieldstone North and corresponding increase in single family residential land

The EEGSP establishes a unit allocation for subsequent development within the Project area for a total of 4513 units The Project site was initially allocated a total of 95 units (lots) The original map approval for 78 single-family lots was 17 units below the allocated unit count The current map proposal for 121 single-family lots is 26 lots over the EEGSP unit allocation For implementation and tracking purposes the City created a table showing allocated and approved unit allocation throughout the EEGSP area which identifies any surplus of units available for distribution within the overall plan area Currently there is a surplus of 165 units within the EEGSP including 17 surplus units from the original approval Staff recommends this Project be granted a total of 43 of the 165 surplus units which equates to 26 units above the original allocation for the Project Given that the majority of EEGSP is now developed below the maximum planned unit allocation of 4513 units this surplus of 165 units is not likely to be fully allocated on the remaining undeveloped land Additionally the requested surplus is equivalent to the 26 units reduced in Fieldstone North as a result of the previous land use transfer approved by City Council

The Project also includes an Abandonment of a portion of one Irrevocable Offer of Dedication for right-of-way and one drainage easement as listed below which were shown and conditioned for abandonment on the previous map approval

1 IOD along Charolais Way for a portion of the roadway lying outside the required right-of-way for this map approval and

2 With the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the existing drainage easement can be abandoned As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code Section 66434(g) as part of the City Council action

Staff has reviewed the abandonments proposed by the Applicant and finds the abandonments appropriate as they serve no purpose as originally intended by the previous map approval Proposed Abandonments are shown and listed on the proposed map (Attachment 1 Exhibit D)

9

Elk Grove City Council December 14 2016 Page 10 of 12 The land use summary for the Small Lot Tentative Subdivision Map is provided in Table 4 and shown in Figure 5 below

Table 4 Crooked Creek Estates East Small Lot Tentative Subdivision Land Use Summary

Lot Land Use Lot Size Zoning District Net

Acres Gross Acres

Dwelling Units

Gross Densit

y 1 ndash 121 Residential 5 RD-5 243 243 121 50

A Elementary School RD-5 99 109

B Park Open Space 40 40 C Open Space Open Space 53 61 D Open Space Open Space 40 40 E Open Space Open Space 14 16

Total 489 509 121 50

Figure 5 Small Lot Tentative Subdivision Map

10

Elk Grove City Council December 14 2016 Page 11 of 12 The proposed Small Lot Tentative Subdivision Map is consistent with the Zoning Code development standards in that it meets or exceeds all of the minimum development standards for the RD-5 zoning district as outlined in the Table 5 below

Table 5 Project Compliance with RD-5 Development Standards Description Standard Proposed Project Compliance YN

Maximum Density 50 duac 50 duac Yes Lot Area Minimum 5200 square feet 5200 square feet Yes Lot Width Minimum (at front setback line)

52 feet 52 feet Yes

Corner Lot Width 62 feet 63 feet Yes Lot Depth 85 feet 96 feet Yes The proposed Project complies with the Elk Grove Design Guidelines for subdivision design for individual subdivisions that are part of a larger area plan The site is north of the Elk Grove Creek open space and drainage corridor with a Class 1 multi-use trail extending the entire length of the southern and western boundaries The Project connects and abuts existing and approved single family residential land to the north and east Light industrial and office park uses are across an open space utility easement to the west and northwest There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site Future homes on the site will require approval of a Master Home Plan Design Review

The proposed Small Lot Tentative Subdivision Map does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have been incorporated into Project conditions of approval (Exhibit F of Attachment 1) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E of Attachment 1)

11

Elk Grove City Council December 14 2016 Page 12 of 12 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 ldquoprojectsrdquo A ldquoprojectrdquo under CEQA is defined as ldquothe 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 environmentrdquo The proposed project is a project under CEQA Staff has reviewed the project to determine the required level of review under CEQA The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-499) and the Fieldstone North Project (EG13-004) evaluating the map and park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR executing the park land transfer approved for Fieldstone North Therefore this Project qualifies for the identified exemption and no further environmental review is required ATTACHMENTS

1 Resolution ndash Approval of the General Plan Amendment East Elk Grove Specific Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD

A Exhibit A Project Description B Exhibit B General Plan Amendment Exhibit C Exhibit C East Elk Grove Specific Plan Amendment D Exhibit D Small Lot Tentative Subdivision Map E Exhibit E Waterman Drive Intersection Exhibit F Exhibit F Conditions of Approval

2 Rezone Ordinance A Rezone Exhibit

12

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Elk Grove City Council December 14 2016 Page 4 of 12

bull Relocation of the approved public school park and low density residential sites

bull Rezoning of 66 acres from AR-10 to Industrial Office Park (MP) Residential-4 dwellingsacre (RD-4) Open Space (OS) and Public Park

bull Large Lot Tentative Subdivision Map creating lots A-I (Map dated November 2004)

bull Small Lot Tentative Subdivision Map of Lot G creating 78 RD-4 zoned residential lots (map dated November 2004) and

bull Subdivision Design Review for the Small Lot Tentative Subdivision Map

The City also approved a map extension which together with legislative extensions will expire on January 17 2017

On January 22 2014 the City Council approved tentative maps (small and large lot) for the Fieldstone North Project (EG 13-004) located east of Crooked Creek Estates for a residential subdivision That approval included the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Park District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision This proposed land use change and new map for Crooked Creek Estates East complete the transfer of park and open space land previously approved by City Council for Fieldstone North

The proposed Crooked Creek Estates East project (Project) would replace the previously-approved Small Lot Tentative Subdivision Map and corresponding design review along with additional minor land use changes to further adjust the park and open space designations consistent with approved park and open space plan Finally the City is initiating a clean-up of the General Plan land use map to reflect previous and proposed zoning and Specific Plan amendments See Figure 1 for East Elk Grove Specific Plan Land Use Plan including location of both the larger Crooked Creek Estates and the Project (Crooked Creek Estates East)

4

Elk Grove City Council December 14 2016 Page 5 of 12

Figure 1 East Elk Grove Specific Plan Land Use Plan

ANALYSIS General Plan Amendment General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission As such the Planning Director and Planning Commission have approved minor land use changes in conjunction with other land use entitlements within the EEGSP without General Plan map amendments With this

5

Elk Grove City Council December 14 2016 Page 6 of 12 proposed Project the City initiated a General Plan map amendment to reflect changes to date including the park open space and residential land transfer Specific changes to each General Plan land use category are listed in Table 1 below and shown in Figure 2

Table 1 General Plan Land Use Amendment Summary General Plan Land Use Existing

Acreage Proposed Acreage

Delta

LDR (Low Density Residential) 241 240 -01 PS (Public Schools) 90 109 +19 PP (Public Parks) 80 45 -35 PubOsRec (Public Open Space Recreation)

78 95 +17

Total 489 489 00

Figure 2 General Plan Amendment

East Elk Grove Specific Plan Amendment The Applicant proposes to amend the EEGSP in order to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space consistent with the approved park plan The reduction in park land by approximately 49 acres and reduction in open space land of approximately 04 acres is added to the

6

Elk Grove City Council December 14 2016 Page 7 of 12 residential land use category which is proposed to change from Residential 4 to Residential 5 The change in land use would allow an increase in density on approximately 243 acres from four dwelling units per acre to five dwelling units per acre consistent with the proposed Small Lot Tentative Subdivision Map Specific changes are summarized in Table 2 below and shown in Figure 3 Table 2 East Elk Grove Specific Plan Land Use Amendment Summary EEGSP Land Use Existing

Acreage Proposed Acreage

Delta

Residential 4 190 00 -190 Residential 5 00 243 +243 School 109 109 00 Park 89 40 -49 Open Space 121 117 -04

Total 509 509 00

Figure 3 East Elk Grove Specific Plan Amendment

Rezone The Applicant proposes to Rezone property within the Project area to change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also

7

Elk Grove City Council December 14 2016 Page 8 of 12 includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations Specific changes to the Cityrsquos zoning designations are listed in Table 3 below and shown in Figure 4

Table 3 Summary of Proposed Changes to Zoning Map

City Zoning District Existing Acreage

Proposed Acreage

Delta

RD-4 299 00 -299 RD-5 00 352 +352 O (Open Space) 210 157 -53

Total 509 509 00

Figure 4 Rezone Exhibit

Small Lot Tentative Subdivision Map and Subdivision Design Review The Applicant proposes a new Small Lot Tentative Subdivision Map to subdivide the 489-acre Project site into 121 single-family residential lots school site park site and open space area The original Tentative Subdivision Map was approved on January 17 2005 for 78 single-family lots and with statutory extensions and one map extension of February 7 2008 expires January 17 2017

The primary reason for the land use and map changes is to reflect the previous City Council approval of the option to transfer five acres of open space from the Project to Fieldstone North in order to expandcontinue the

8

Elk Grove City Council December 14 2016 Page 9 of 12 Derr Okamoto Park The Park District purchased that land in Fieldstone North on previously approved single-family residential land reducing the number of residential units approved by 26 lots The Project tentative map reflects the transfer of five acres of park land to Fieldstone North and corresponding increase in single family residential land

The EEGSP establishes a unit allocation for subsequent development within the Project area for a total of 4513 units The Project site was initially allocated a total of 95 units (lots) The original map approval for 78 single-family lots was 17 units below the allocated unit count The current map proposal for 121 single-family lots is 26 lots over the EEGSP unit allocation For implementation and tracking purposes the City created a table showing allocated and approved unit allocation throughout the EEGSP area which identifies any surplus of units available for distribution within the overall plan area Currently there is a surplus of 165 units within the EEGSP including 17 surplus units from the original approval Staff recommends this Project be granted a total of 43 of the 165 surplus units which equates to 26 units above the original allocation for the Project Given that the majority of EEGSP is now developed below the maximum planned unit allocation of 4513 units this surplus of 165 units is not likely to be fully allocated on the remaining undeveloped land Additionally the requested surplus is equivalent to the 26 units reduced in Fieldstone North as a result of the previous land use transfer approved by City Council

The Project also includes an Abandonment of a portion of one Irrevocable Offer of Dedication for right-of-way and one drainage easement as listed below which were shown and conditioned for abandonment on the previous map approval

1 IOD along Charolais Way for a portion of the roadway lying outside the required right-of-way for this map approval and

2 With the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the existing drainage easement can be abandoned As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code Section 66434(g) as part of the City Council action

Staff has reviewed the abandonments proposed by the Applicant and finds the abandonments appropriate as they serve no purpose as originally intended by the previous map approval Proposed Abandonments are shown and listed on the proposed map (Attachment 1 Exhibit D)

9

Elk Grove City Council December 14 2016 Page 10 of 12 The land use summary for the Small Lot Tentative Subdivision Map is provided in Table 4 and shown in Figure 5 below

Table 4 Crooked Creek Estates East Small Lot Tentative Subdivision Land Use Summary

Lot Land Use Lot Size Zoning District Net

Acres Gross Acres

Dwelling Units

Gross Densit

y 1 ndash 121 Residential 5 RD-5 243 243 121 50

A Elementary School RD-5 99 109

B Park Open Space 40 40 C Open Space Open Space 53 61 D Open Space Open Space 40 40 E Open Space Open Space 14 16

Total 489 509 121 50

Figure 5 Small Lot Tentative Subdivision Map

10

Elk Grove City Council December 14 2016 Page 11 of 12 The proposed Small Lot Tentative Subdivision Map is consistent with the Zoning Code development standards in that it meets or exceeds all of the minimum development standards for the RD-5 zoning district as outlined in the Table 5 below

Table 5 Project Compliance with RD-5 Development Standards Description Standard Proposed Project Compliance YN

Maximum Density 50 duac 50 duac Yes Lot Area Minimum 5200 square feet 5200 square feet Yes Lot Width Minimum (at front setback line)

52 feet 52 feet Yes

Corner Lot Width 62 feet 63 feet Yes Lot Depth 85 feet 96 feet Yes The proposed Project complies with the Elk Grove Design Guidelines for subdivision design for individual subdivisions that are part of a larger area plan The site is north of the Elk Grove Creek open space and drainage corridor with a Class 1 multi-use trail extending the entire length of the southern and western boundaries The Project connects and abuts existing and approved single family residential land to the north and east Light industrial and office park uses are across an open space utility easement to the west and northwest There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site Future homes on the site will require approval of a Master Home Plan Design Review

The proposed Small Lot Tentative Subdivision Map does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have been incorporated into Project conditions of approval (Exhibit F of Attachment 1) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E of Attachment 1)

11

Elk Grove City Council December 14 2016 Page 12 of 12 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 ldquoprojectsrdquo A ldquoprojectrdquo under CEQA is defined as ldquothe 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 environmentrdquo The proposed project is a project under CEQA Staff has reviewed the project to determine the required level of review under CEQA The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-499) and the Fieldstone North Project (EG13-004) evaluating the map and park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR executing the park land transfer approved for Fieldstone North Therefore this Project qualifies for the identified exemption and no further environmental review is required ATTACHMENTS

1 Resolution ndash Approval of the General Plan Amendment East Elk Grove Specific Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD

A Exhibit A Project Description B Exhibit B General Plan Amendment Exhibit C Exhibit C East Elk Grove Specific Plan Amendment D Exhibit D Small Lot Tentative Subdivision Map E Exhibit E Waterman Drive Intersection Exhibit F Exhibit F Conditions of Approval

2 Rezone Ordinance A Rezone Exhibit

12

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Elk Grove City Council December 14 2016 Page 5 of 12

Figure 1 East Elk Grove Specific Plan Land Use Plan

ANALYSIS General Plan Amendment General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission As such the Planning Director and Planning Commission have approved minor land use changes in conjunction with other land use entitlements within the EEGSP without General Plan map amendments With this

5

Elk Grove City Council December 14 2016 Page 6 of 12 proposed Project the City initiated a General Plan map amendment to reflect changes to date including the park open space and residential land transfer Specific changes to each General Plan land use category are listed in Table 1 below and shown in Figure 2

Table 1 General Plan Land Use Amendment Summary General Plan Land Use Existing

Acreage Proposed Acreage

Delta

LDR (Low Density Residential) 241 240 -01 PS (Public Schools) 90 109 +19 PP (Public Parks) 80 45 -35 PubOsRec (Public Open Space Recreation)

78 95 +17

Total 489 489 00

Figure 2 General Plan Amendment

East Elk Grove Specific Plan Amendment The Applicant proposes to amend the EEGSP in order to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space consistent with the approved park plan The reduction in park land by approximately 49 acres and reduction in open space land of approximately 04 acres is added to the

6

Elk Grove City Council December 14 2016 Page 7 of 12 residential land use category which is proposed to change from Residential 4 to Residential 5 The change in land use would allow an increase in density on approximately 243 acres from four dwelling units per acre to five dwelling units per acre consistent with the proposed Small Lot Tentative Subdivision Map Specific changes are summarized in Table 2 below and shown in Figure 3 Table 2 East Elk Grove Specific Plan Land Use Amendment Summary EEGSP Land Use Existing

Acreage Proposed Acreage

Delta

Residential 4 190 00 -190 Residential 5 00 243 +243 School 109 109 00 Park 89 40 -49 Open Space 121 117 -04

Total 509 509 00

Figure 3 East Elk Grove Specific Plan Amendment

Rezone The Applicant proposes to Rezone property within the Project area to change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also

7

Elk Grove City Council December 14 2016 Page 8 of 12 includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations Specific changes to the Cityrsquos zoning designations are listed in Table 3 below and shown in Figure 4

Table 3 Summary of Proposed Changes to Zoning Map

City Zoning District Existing Acreage

Proposed Acreage

Delta

RD-4 299 00 -299 RD-5 00 352 +352 O (Open Space) 210 157 -53

Total 509 509 00

Figure 4 Rezone Exhibit

Small Lot Tentative Subdivision Map and Subdivision Design Review The Applicant proposes a new Small Lot Tentative Subdivision Map to subdivide the 489-acre Project site into 121 single-family residential lots school site park site and open space area The original Tentative Subdivision Map was approved on January 17 2005 for 78 single-family lots and with statutory extensions and one map extension of February 7 2008 expires January 17 2017

The primary reason for the land use and map changes is to reflect the previous City Council approval of the option to transfer five acres of open space from the Project to Fieldstone North in order to expandcontinue the

8

Elk Grove City Council December 14 2016 Page 9 of 12 Derr Okamoto Park The Park District purchased that land in Fieldstone North on previously approved single-family residential land reducing the number of residential units approved by 26 lots The Project tentative map reflects the transfer of five acres of park land to Fieldstone North and corresponding increase in single family residential land

The EEGSP establishes a unit allocation for subsequent development within the Project area for a total of 4513 units The Project site was initially allocated a total of 95 units (lots) The original map approval for 78 single-family lots was 17 units below the allocated unit count The current map proposal for 121 single-family lots is 26 lots over the EEGSP unit allocation For implementation and tracking purposes the City created a table showing allocated and approved unit allocation throughout the EEGSP area which identifies any surplus of units available for distribution within the overall plan area Currently there is a surplus of 165 units within the EEGSP including 17 surplus units from the original approval Staff recommends this Project be granted a total of 43 of the 165 surplus units which equates to 26 units above the original allocation for the Project Given that the majority of EEGSP is now developed below the maximum planned unit allocation of 4513 units this surplus of 165 units is not likely to be fully allocated on the remaining undeveloped land Additionally the requested surplus is equivalent to the 26 units reduced in Fieldstone North as a result of the previous land use transfer approved by City Council

The Project also includes an Abandonment of a portion of one Irrevocable Offer of Dedication for right-of-way and one drainage easement as listed below which were shown and conditioned for abandonment on the previous map approval

1 IOD along Charolais Way for a portion of the roadway lying outside the required right-of-way for this map approval and

2 With the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the existing drainage easement can be abandoned As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code Section 66434(g) as part of the City Council action

Staff has reviewed the abandonments proposed by the Applicant and finds the abandonments appropriate as they serve no purpose as originally intended by the previous map approval Proposed Abandonments are shown and listed on the proposed map (Attachment 1 Exhibit D)

9

Elk Grove City Council December 14 2016 Page 10 of 12 The land use summary for the Small Lot Tentative Subdivision Map is provided in Table 4 and shown in Figure 5 below

Table 4 Crooked Creek Estates East Small Lot Tentative Subdivision Land Use Summary

Lot Land Use Lot Size Zoning District Net

Acres Gross Acres

Dwelling Units

Gross Densit

y 1 ndash 121 Residential 5 RD-5 243 243 121 50

A Elementary School RD-5 99 109

B Park Open Space 40 40 C Open Space Open Space 53 61 D Open Space Open Space 40 40 E Open Space Open Space 14 16

Total 489 509 121 50

Figure 5 Small Lot Tentative Subdivision Map

10

Elk Grove City Council December 14 2016 Page 11 of 12 The proposed Small Lot Tentative Subdivision Map is consistent with the Zoning Code development standards in that it meets or exceeds all of the minimum development standards for the RD-5 zoning district as outlined in the Table 5 below

Table 5 Project Compliance with RD-5 Development Standards Description Standard Proposed Project Compliance YN

Maximum Density 50 duac 50 duac Yes Lot Area Minimum 5200 square feet 5200 square feet Yes Lot Width Minimum (at front setback line)

52 feet 52 feet Yes

Corner Lot Width 62 feet 63 feet Yes Lot Depth 85 feet 96 feet Yes The proposed Project complies with the Elk Grove Design Guidelines for subdivision design for individual subdivisions that are part of a larger area plan The site is north of the Elk Grove Creek open space and drainage corridor with a Class 1 multi-use trail extending the entire length of the southern and western boundaries The Project connects and abuts existing and approved single family residential land to the north and east Light industrial and office park uses are across an open space utility easement to the west and northwest There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site Future homes on the site will require approval of a Master Home Plan Design Review

The proposed Small Lot Tentative Subdivision Map does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have been incorporated into Project conditions of approval (Exhibit F of Attachment 1) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E of Attachment 1)

11

Elk Grove City Council December 14 2016 Page 12 of 12 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 ldquoprojectsrdquo A ldquoprojectrdquo under CEQA is defined as ldquothe 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 environmentrdquo The proposed project is a project under CEQA Staff has reviewed the project to determine the required level of review under CEQA The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-499) and the Fieldstone North Project (EG13-004) evaluating the map and park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR executing the park land transfer approved for Fieldstone North Therefore this Project qualifies for the identified exemption and no further environmental review is required ATTACHMENTS

1 Resolution ndash Approval of the General Plan Amendment East Elk Grove Specific Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD

A Exhibit A Project Description B Exhibit B General Plan Amendment Exhibit C Exhibit C East Elk Grove Specific Plan Amendment D Exhibit D Small Lot Tentative Subdivision Map E Exhibit E Waterman Drive Intersection Exhibit F Exhibit F Conditions of Approval

2 Rezone Ordinance A Rezone Exhibit

12

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Elk Grove City Council December 14 2016 Page 6 of 12 proposed Project the City initiated a General Plan map amendment to reflect changes to date including the park open space and residential land transfer Specific changes to each General Plan land use category are listed in Table 1 below and shown in Figure 2

Table 1 General Plan Land Use Amendment Summary General Plan Land Use Existing

Acreage Proposed Acreage

Delta

LDR (Low Density Residential) 241 240 -01 PS (Public Schools) 90 109 +19 PP (Public Parks) 80 45 -35 PubOsRec (Public Open Space Recreation)

78 95 +17

Total 489 489 00

Figure 2 General Plan Amendment

East Elk Grove Specific Plan Amendment The Applicant proposes to amend the EEGSP in order to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space consistent with the approved park plan The reduction in park land by approximately 49 acres and reduction in open space land of approximately 04 acres is added to the

6

Elk Grove City Council December 14 2016 Page 7 of 12 residential land use category which is proposed to change from Residential 4 to Residential 5 The change in land use would allow an increase in density on approximately 243 acres from four dwelling units per acre to five dwelling units per acre consistent with the proposed Small Lot Tentative Subdivision Map Specific changes are summarized in Table 2 below and shown in Figure 3 Table 2 East Elk Grove Specific Plan Land Use Amendment Summary EEGSP Land Use Existing

Acreage Proposed Acreage

Delta

Residential 4 190 00 -190 Residential 5 00 243 +243 School 109 109 00 Park 89 40 -49 Open Space 121 117 -04

Total 509 509 00

Figure 3 East Elk Grove Specific Plan Amendment

Rezone The Applicant proposes to Rezone property within the Project area to change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also

7

Elk Grove City Council December 14 2016 Page 8 of 12 includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations Specific changes to the Cityrsquos zoning designations are listed in Table 3 below and shown in Figure 4

Table 3 Summary of Proposed Changes to Zoning Map

City Zoning District Existing Acreage

Proposed Acreage

Delta

RD-4 299 00 -299 RD-5 00 352 +352 O (Open Space) 210 157 -53

Total 509 509 00

Figure 4 Rezone Exhibit

Small Lot Tentative Subdivision Map and Subdivision Design Review The Applicant proposes a new Small Lot Tentative Subdivision Map to subdivide the 489-acre Project site into 121 single-family residential lots school site park site and open space area The original Tentative Subdivision Map was approved on January 17 2005 for 78 single-family lots and with statutory extensions and one map extension of February 7 2008 expires January 17 2017

The primary reason for the land use and map changes is to reflect the previous City Council approval of the option to transfer five acres of open space from the Project to Fieldstone North in order to expandcontinue the

8

Elk Grove City Council December 14 2016 Page 9 of 12 Derr Okamoto Park The Park District purchased that land in Fieldstone North on previously approved single-family residential land reducing the number of residential units approved by 26 lots The Project tentative map reflects the transfer of five acres of park land to Fieldstone North and corresponding increase in single family residential land

The EEGSP establishes a unit allocation for subsequent development within the Project area for a total of 4513 units The Project site was initially allocated a total of 95 units (lots) The original map approval for 78 single-family lots was 17 units below the allocated unit count The current map proposal for 121 single-family lots is 26 lots over the EEGSP unit allocation For implementation and tracking purposes the City created a table showing allocated and approved unit allocation throughout the EEGSP area which identifies any surplus of units available for distribution within the overall plan area Currently there is a surplus of 165 units within the EEGSP including 17 surplus units from the original approval Staff recommends this Project be granted a total of 43 of the 165 surplus units which equates to 26 units above the original allocation for the Project Given that the majority of EEGSP is now developed below the maximum planned unit allocation of 4513 units this surplus of 165 units is not likely to be fully allocated on the remaining undeveloped land Additionally the requested surplus is equivalent to the 26 units reduced in Fieldstone North as a result of the previous land use transfer approved by City Council

The Project also includes an Abandonment of a portion of one Irrevocable Offer of Dedication for right-of-way and one drainage easement as listed below which were shown and conditioned for abandonment on the previous map approval

1 IOD along Charolais Way for a portion of the roadway lying outside the required right-of-way for this map approval and

2 With the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the existing drainage easement can be abandoned As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code Section 66434(g) as part of the City Council action

Staff has reviewed the abandonments proposed by the Applicant and finds the abandonments appropriate as they serve no purpose as originally intended by the previous map approval Proposed Abandonments are shown and listed on the proposed map (Attachment 1 Exhibit D)

9

Elk Grove City Council December 14 2016 Page 10 of 12 The land use summary for the Small Lot Tentative Subdivision Map is provided in Table 4 and shown in Figure 5 below

Table 4 Crooked Creek Estates East Small Lot Tentative Subdivision Land Use Summary

Lot Land Use Lot Size Zoning District Net

Acres Gross Acres

Dwelling Units

Gross Densit

y 1 ndash 121 Residential 5 RD-5 243 243 121 50

A Elementary School RD-5 99 109

B Park Open Space 40 40 C Open Space Open Space 53 61 D Open Space Open Space 40 40 E Open Space Open Space 14 16

Total 489 509 121 50

Figure 5 Small Lot Tentative Subdivision Map

10

Elk Grove City Council December 14 2016 Page 11 of 12 The proposed Small Lot Tentative Subdivision Map is consistent with the Zoning Code development standards in that it meets or exceeds all of the minimum development standards for the RD-5 zoning district as outlined in the Table 5 below

Table 5 Project Compliance with RD-5 Development Standards Description Standard Proposed Project Compliance YN

Maximum Density 50 duac 50 duac Yes Lot Area Minimum 5200 square feet 5200 square feet Yes Lot Width Minimum (at front setback line)

52 feet 52 feet Yes

Corner Lot Width 62 feet 63 feet Yes Lot Depth 85 feet 96 feet Yes The proposed Project complies with the Elk Grove Design Guidelines for subdivision design for individual subdivisions that are part of a larger area plan The site is north of the Elk Grove Creek open space and drainage corridor with a Class 1 multi-use trail extending the entire length of the southern and western boundaries The Project connects and abuts existing and approved single family residential land to the north and east Light industrial and office park uses are across an open space utility easement to the west and northwest There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site Future homes on the site will require approval of a Master Home Plan Design Review

The proposed Small Lot Tentative Subdivision Map does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have been incorporated into Project conditions of approval (Exhibit F of Attachment 1) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E of Attachment 1)

11

Elk Grove City Council December 14 2016 Page 12 of 12 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 ldquoprojectsrdquo A ldquoprojectrdquo under CEQA is defined as ldquothe 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 environmentrdquo The proposed project is a project under CEQA Staff has reviewed the project to determine the required level of review under CEQA The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-499) and the Fieldstone North Project (EG13-004) evaluating the map and park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR executing the park land transfer approved for Fieldstone North Therefore this Project qualifies for the identified exemption and no further environmental review is required ATTACHMENTS

1 Resolution ndash Approval of the General Plan Amendment East Elk Grove Specific Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD

A Exhibit A Project Description B Exhibit B General Plan Amendment Exhibit C Exhibit C East Elk Grove Specific Plan Amendment D Exhibit D Small Lot Tentative Subdivision Map E Exhibit E Waterman Drive Intersection Exhibit F Exhibit F Conditions of Approval

2 Rezone Ordinance A Rezone Exhibit

12

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Elk Grove City Council December 14 2016 Page 7 of 12 residential land use category which is proposed to change from Residential 4 to Residential 5 The change in land use would allow an increase in density on approximately 243 acres from four dwelling units per acre to five dwelling units per acre consistent with the proposed Small Lot Tentative Subdivision Map Specific changes are summarized in Table 2 below and shown in Figure 3 Table 2 East Elk Grove Specific Plan Land Use Amendment Summary EEGSP Land Use Existing

Acreage Proposed Acreage

Delta

Residential 4 190 00 -190 Residential 5 00 243 +243 School 109 109 00 Park 89 40 -49 Open Space 121 117 -04

Total 509 509 00

Figure 3 East Elk Grove Specific Plan Amendment

Rezone The Applicant proposes to Rezone property within the Project area to change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also

7

Elk Grove City Council December 14 2016 Page 8 of 12 includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations Specific changes to the Cityrsquos zoning designations are listed in Table 3 below and shown in Figure 4

Table 3 Summary of Proposed Changes to Zoning Map

City Zoning District Existing Acreage

Proposed Acreage

Delta

RD-4 299 00 -299 RD-5 00 352 +352 O (Open Space) 210 157 -53

Total 509 509 00

Figure 4 Rezone Exhibit

Small Lot Tentative Subdivision Map and Subdivision Design Review The Applicant proposes a new Small Lot Tentative Subdivision Map to subdivide the 489-acre Project site into 121 single-family residential lots school site park site and open space area The original Tentative Subdivision Map was approved on January 17 2005 for 78 single-family lots and with statutory extensions and one map extension of February 7 2008 expires January 17 2017

The primary reason for the land use and map changes is to reflect the previous City Council approval of the option to transfer five acres of open space from the Project to Fieldstone North in order to expandcontinue the

8

Elk Grove City Council December 14 2016 Page 9 of 12 Derr Okamoto Park The Park District purchased that land in Fieldstone North on previously approved single-family residential land reducing the number of residential units approved by 26 lots The Project tentative map reflects the transfer of five acres of park land to Fieldstone North and corresponding increase in single family residential land

The EEGSP establishes a unit allocation for subsequent development within the Project area for a total of 4513 units The Project site was initially allocated a total of 95 units (lots) The original map approval for 78 single-family lots was 17 units below the allocated unit count The current map proposal for 121 single-family lots is 26 lots over the EEGSP unit allocation For implementation and tracking purposes the City created a table showing allocated and approved unit allocation throughout the EEGSP area which identifies any surplus of units available for distribution within the overall plan area Currently there is a surplus of 165 units within the EEGSP including 17 surplus units from the original approval Staff recommends this Project be granted a total of 43 of the 165 surplus units which equates to 26 units above the original allocation for the Project Given that the majority of EEGSP is now developed below the maximum planned unit allocation of 4513 units this surplus of 165 units is not likely to be fully allocated on the remaining undeveloped land Additionally the requested surplus is equivalent to the 26 units reduced in Fieldstone North as a result of the previous land use transfer approved by City Council

The Project also includes an Abandonment of a portion of one Irrevocable Offer of Dedication for right-of-way and one drainage easement as listed below which were shown and conditioned for abandonment on the previous map approval

1 IOD along Charolais Way for a portion of the roadway lying outside the required right-of-way for this map approval and

2 With the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the existing drainage easement can be abandoned As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code Section 66434(g) as part of the City Council action

Staff has reviewed the abandonments proposed by the Applicant and finds the abandonments appropriate as they serve no purpose as originally intended by the previous map approval Proposed Abandonments are shown and listed on the proposed map (Attachment 1 Exhibit D)

9

Elk Grove City Council December 14 2016 Page 10 of 12 The land use summary for the Small Lot Tentative Subdivision Map is provided in Table 4 and shown in Figure 5 below

Table 4 Crooked Creek Estates East Small Lot Tentative Subdivision Land Use Summary

Lot Land Use Lot Size Zoning District Net

Acres Gross Acres

Dwelling Units

Gross Densit

y 1 ndash 121 Residential 5 RD-5 243 243 121 50

A Elementary School RD-5 99 109

B Park Open Space 40 40 C Open Space Open Space 53 61 D Open Space Open Space 40 40 E Open Space Open Space 14 16

Total 489 509 121 50

Figure 5 Small Lot Tentative Subdivision Map

10

Elk Grove City Council December 14 2016 Page 11 of 12 The proposed Small Lot Tentative Subdivision Map is consistent with the Zoning Code development standards in that it meets or exceeds all of the minimum development standards for the RD-5 zoning district as outlined in the Table 5 below

Table 5 Project Compliance with RD-5 Development Standards Description Standard Proposed Project Compliance YN

Maximum Density 50 duac 50 duac Yes Lot Area Minimum 5200 square feet 5200 square feet Yes Lot Width Minimum (at front setback line)

52 feet 52 feet Yes

Corner Lot Width 62 feet 63 feet Yes Lot Depth 85 feet 96 feet Yes The proposed Project complies with the Elk Grove Design Guidelines for subdivision design for individual subdivisions that are part of a larger area plan The site is north of the Elk Grove Creek open space and drainage corridor with a Class 1 multi-use trail extending the entire length of the southern and western boundaries The Project connects and abuts existing and approved single family residential land to the north and east Light industrial and office park uses are across an open space utility easement to the west and northwest There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site Future homes on the site will require approval of a Master Home Plan Design Review

The proposed Small Lot Tentative Subdivision Map does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have been incorporated into Project conditions of approval (Exhibit F of Attachment 1) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E of Attachment 1)

11

Elk Grove City Council December 14 2016 Page 12 of 12 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 ldquoprojectsrdquo A ldquoprojectrdquo under CEQA is defined as ldquothe 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 environmentrdquo The proposed project is a project under CEQA Staff has reviewed the project to determine the required level of review under CEQA The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-499) and the Fieldstone North Project (EG13-004) evaluating the map and park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR executing the park land transfer approved for Fieldstone North Therefore this Project qualifies for the identified exemption and no further environmental review is required ATTACHMENTS

1 Resolution ndash Approval of the General Plan Amendment East Elk Grove Specific Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD

A Exhibit A Project Description B Exhibit B General Plan Amendment Exhibit C Exhibit C East Elk Grove Specific Plan Amendment D Exhibit D Small Lot Tentative Subdivision Map E Exhibit E Waterman Drive Intersection Exhibit F Exhibit F Conditions of Approval

2 Rezone Ordinance A Rezone Exhibit

12

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

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7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Elk Grove City Council December 14 2016 Page 8 of 12 includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations Specific changes to the Cityrsquos zoning designations are listed in Table 3 below and shown in Figure 4

Table 3 Summary of Proposed Changes to Zoning Map

City Zoning District Existing Acreage

Proposed Acreage

Delta

RD-4 299 00 -299 RD-5 00 352 +352 O (Open Space) 210 157 -53

Total 509 509 00

Figure 4 Rezone Exhibit

Small Lot Tentative Subdivision Map and Subdivision Design Review The Applicant proposes a new Small Lot Tentative Subdivision Map to subdivide the 489-acre Project site into 121 single-family residential lots school site park site and open space area The original Tentative Subdivision Map was approved on January 17 2005 for 78 single-family lots and with statutory extensions and one map extension of February 7 2008 expires January 17 2017

The primary reason for the land use and map changes is to reflect the previous City Council approval of the option to transfer five acres of open space from the Project to Fieldstone North in order to expandcontinue the

8

Elk Grove City Council December 14 2016 Page 9 of 12 Derr Okamoto Park The Park District purchased that land in Fieldstone North on previously approved single-family residential land reducing the number of residential units approved by 26 lots The Project tentative map reflects the transfer of five acres of park land to Fieldstone North and corresponding increase in single family residential land

The EEGSP establishes a unit allocation for subsequent development within the Project area for a total of 4513 units The Project site was initially allocated a total of 95 units (lots) The original map approval for 78 single-family lots was 17 units below the allocated unit count The current map proposal for 121 single-family lots is 26 lots over the EEGSP unit allocation For implementation and tracking purposes the City created a table showing allocated and approved unit allocation throughout the EEGSP area which identifies any surplus of units available for distribution within the overall plan area Currently there is a surplus of 165 units within the EEGSP including 17 surplus units from the original approval Staff recommends this Project be granted a total of 43 of the 165 surplus units which equates to 26 units above the original allocation for the Project Given that the majority of EEGSP is now developed below the maximum planned unit allocation of 4513 units this surplus of 165 units is not likely to be fully allocated on the remaining undeveloped land Additionally the requested surplus is equivalent to the 26 units reduced in Fieldstone North as a result of the previous land use transfer approved by City Council

The Project also includes an Abandonment of a portion of one Irrevocable Offer of Dedication for right-of-way and one drainage easement as listed below which were shown and conditioned for abandonment on the previous map approval

1 IOD along Charolais Way for a portion of the roadway lying outside the required right-of-way for this map approval and

2 With the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the existing drainage easement can be abandoned As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code Section 66434(g) as part of the City Council action

Staff has reviewed the abandonments proposed by the Applicant and finds the abandonments appropriate as they serve no purpose as originally intended by the previous map approval Proposed Abandonments are shown and listed on the proposed map (Attachment 1 Exhibit D)

9

Elk Grove City Council December 14 2016 Page 10 of 12 The land use summary for the Small Lot Tentative Subdivision Map is provided in Table 4 and shown in Figure 5 below

Table 4 Crooked Creek Estates East Small Lot Tentative Subdivision Land Use Summary

Lot Land Use Lot Size Zoning District Net

Acres Gross Acres

Dwelling Units

Gross Densit

y 1 ndash 121 Residential 5 RD-5 243 243 121 50

A Elementary School RD-5 99 109

B Park Open Space 40 40 C Open Space Open Space 53 61 D Open Space Open Space 40 40 E Open Space Open Space 14 16

Total 489 509 121 50

Figure 5 Small Lot Tentative Subdivision Map

10

Elk Grove City Council December 14 2016 Page 11 of 12 The proposed Small Lot Tentative Subdivision Map is consistent with the Zoning Code development standards in that it meets or exceeds all of the minimum development standards for the RD-5 zoning district as outlined in the Table 5 below

Table 5 Project Compliance with RD-5 Development Standards Description Standard Proposed Project Compliance YN

Maximum Density 50 duac 50 duac Yes Lot Area Minimum 5200 square feet 5200 square feet Yes Lot Width Minimum (at front setback line)

52 feet 52 feet Yes

Corner Lot Width 62 feet 63 feet Yes Lot Depth 85 feet 96 feet Yes The proposed Project complies with the Elk Grove Design Guidelines for subdivision design for individual subdivisions that are part of a larger area plan The site is north of the Elk Grove Creek open space and drainage corridor with a Class 1 multi-use trail extending the entire length of the southern and western boundaries The Project connects and abuts existing and approved single family residential land to the north and east Light industrial and office park uses are across an open space utility easement to the west and northwest There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site Future homes on the site will require approval of a Master Home Plan Design Review

The proposed Small Lot Tentative Subdivision Map does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have been incorporated into Project conditions of approval (Exhibit F of Attachment 1) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E of Attachment 1)

11

Elk Grove City Council December 14 2016 Page 12 of 12 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 ldquoprojectsrdquo A ldquoprojectrdquo under CEQA is defined as ldquothe 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 environmentrdquo The proposed project is a project under CEQA Staff has reviewed the project to determine the required level of review under CEQA The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-499) and the Fieldstone North Project (EG13-004) evaluating the map and park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR executing the park land transfer approved for Fieldstone North Therefore this Project qualifies for the identified exemption and no further environmental review is required ATTACHMENTS

1 Resolution ndash Approval of the General Plan Amendment East Elk Grove Specific Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD

A Exhibit A Project Description B Exhibit B General Plan Amendment Exhibit C Exhibit C East Elk Grove Specific Plan Amendment D Exhibit D Small Lot Tentative Subdivision Map E Exhibit E Waterman Drive Intersection Exhibit F Exhibit F Conditions of Approval

2 Rezone Ordinance A Rezone Exhibit

12

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

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PubOs

ELK GROVE CREEK

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7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

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Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

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ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Elk Grove City Council December 14 2016 Page 9 of 12 Derr Okamoto Park The Park District purchased that land in Fieldstone North on previously approved single-family residential land reducing the number of residential units approved by 26 lots The Project tentative map reflects the transfer of five acres of park land to Fieldstone North and corresponding increase in single family residential land

The EEGSP establishes a unit allocation for subsequent development within the Project area for a total of 4513 units The Project site was initially allocated a total of 95 units (lots) The original map approval for 78 single-family lots was 17 units below the allocated unit count The current map proposal for 121 single-family lots is 26 lots over the EEGSP unit allocation For implementation and tracking purposes the City created a table showing allocated and approved unit allocation throughout the EEGSP area which identifies any surplus of units available for distribution within the overall plan area Currently there is a surplus of 165 units within the EEGSP including 17 surplus units from the original approval Staff recommends this Project be granted a total of 43 of the 165 surplus units which equates to 26 units above the original allocation for the Project Given that the majority of EEGSP is now developed below the maximum planned unit allocation of 4513 units this surplus of 165 units is not likely to be fully allocated on the remaining undeveloped land Additionally the requested surplus is equivalent to the 26 units reduced in Fieldstone North as a result of the previous land use transfer approved by City Council

The Project also includes an Abandonment of a portion of one Irrevocable Offer of Dedication for right-of-way and one drainage easement as listed below which were shown and conditioned for abandonment on the previous map approval

1 IOD along Charolais Way for a portion of the roadway lying outside the required right-of-way for this map approval and

2 With the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the existing drainage easement can be abandoned As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code Section 66434(g) as part of the City Council action

Staff has reviewed the abandonments proposed by the Applicant and finds the abandonments appropriate as they serve no purpose as originally intended by the previous map approval Proposed Abandonments are shown and listed on the proposed map (Attachment 1 Exhibit D)

9

Elk Grove City Council December 14 2016 Page 10 of 12 The land use summary for the Small Lot Tentative Subdivision Map is provided in Table 4 and shown in Figure 5 below

Table 4 Crooked Creek Estates East Small Lot Tentative Subdivision Land Use Summary

Lot Land Use Lot Size Zoning District Net

Acres Gross Acres

Dwelling Units

Gross Densit

y 1 ndash 121 Residential 5 RD-5 243 243 121 50

A Elementary School RD-5 99 109

B Park Open Space 40 40 C Open Space Open Space 53 61 D Open Space Open Space 40 40 E Open Space Open Space 14 16

Total 489 509 121 50

Figure 5 Small Lot Tentative Subdivision Map

10

Elk Grove City Council December 14 2016 Page 11 of 12 The proposed Small Lot Tentative Subdivision Map is consistent with the Zoning Code development standards in that it meets or exceeds all of the minimum development standards for the RD-5 zoning district as outlined in the Table 5 below

Table 5 Project Compliance with RD-5 Development Standards Description Standard Proposed Project Compliance YN

Maximum Density 50 duac 50 duac Yes Lot Area Minimum 5200 square feet 5200 square feet Yes Lot Width Minimum (at front setback line)

52 feet 52 feet Yes

Corner Lot Width 62 feet 63 feet Yes Lot Depth 85 feet 96 feet Yes The proposed Project complies with the Elk Grove Design Guidelines for subdivision design for individual subdivisions that are part of a larger area plan The site is north of the Elk Grove Creek open space and drainage corridor with a Class 1 multi-use trail extending the entire length of the southern and western boundaries The Project connects and abuts existing and approved single family residential land to the north and east Light industrial and office park uses are across an open space utility easement to the west and northwest There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site Future homes on the site will require approval of a Master Home Plan Design Review

The proposed Small Lot Tentative Subdivision Map does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have been incorporated into Project conditions of approval (Exhibit F of Attachment 1) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E of Attachment 1)

11

Elk Grove City Council December 14 2016 Page 12 of 12 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 ldquoprojectsrdquo A ldquoprojectrdquo under CEQA is defined as ldquothe 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 environmentrdquo The proposed project is a project under CEQA Staff has reviewed the project to determine the required level of review under CEQA The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-499) and the Fieldstone North Project (EG13-004) evaluating the map and park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR executing the park land transfer approved for Fieldstone North Therefore this Project qualifies for the identified exemption and no further environmental review is required ATTACHMENTS

1 Resolution ndash Approval of the General Plan Amendment East Elk Grove Specific Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD

A Exhibit A Project Description B Exhibit B General Plan Amendment Exhibit C Exhibit C East Elk Grove Specific Plan Amendment D Exhibit D Small Lot Tentative Subdivision Map E Exhibit E Waterman Drive Intersection Exhibit F Exhibit F Conditions of Approval

2 Rezone Ordinance A Rezone Exhibit

12

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Elk Grove City Council December 14 2016 Page 10 of 12 The land use summary for the Small Lot Tentative Subdivision Map is provided in Table 4 and shown in Figure 5 below

Table 4 Crooked Creek Estates East Small Lot Tentative Subdivision Land Use Summary

Lot Land Use Lot Size Zoning District Net

Acres Gross Acres

Dwelling Units

Gross Densit

y 1 ndash 121 Residential 5 RD-5 243 243 121 50

A Elementary School RD-5 99 109

B Park Open Space 40 40 C Open Space Open Space 53 61 D Open Space Open Space 40 40 E Open Space Open Space 14 16

Total 489 509 121 50

Figure 5 Small Lot Tentative Subdivision Map

10

Elk Grove City Council December 14 2016 Page 11 of 12 The proposed Small Lot Tentative Subdivision Map is consistent with the Zoning Code development standards in that it meets or exceeds all of the minimum development standards for the RD-5 zoning district as outlined in the Table 5 below

Table 5 Project Compliance with RD-5 Development Standards Description Standard Proposed Project Compliance YN

Maximum Density 50 duac 50 duac Yes Lot Area Minimum 5200 square feet 5200 square feet Yes Lot Width Minimum (at front setback line)

52 feet 52 feet Yes

Corner Lot Width 62 feet 63 feet Yes Lot Depth 85 feet 96 feet Yes The proposed Project complies with the Elk Grove Design Guidelines for subdivision design for individual subdivisions that are part of a larger area plan The site is north of the Elk Grove Creek open space and drainage corridor with a Class 1 multi-use trail extending the entire length of the southern and western boundaries The Project connects and abuts existing and approved single family residential land to the north and east Light industrial and office park uses are across an open space utility easement to the west and northwest There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site Future homes on the site will require approval of a Master Home Plan Design Review

The proposed Small Lot Tentative Subdivision Map does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have been incorporated into Project conditions of approval (Exhibit F of Attachment 1) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E of Attachment 1)

11

Elk Grove City Council December 14 2016 Page 12 of 12 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 ldquoprojectsrdquo A ldquoprojectrdquo under CEQA is defined as ldquothe 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 environmentrdquo The proposed project is a project under CEQA Staff has reviewed the project to determine the required level of review under CEQA The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-499) and the Fieldstone North Project (EG13-004) evaluating the map and park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR executing the park land transfer approved for Fieldstone North Therefore this Project qualifies for the identified exemption and no further environmental review is required ATTACHMENTS

1 Resolution ndash Approval of the General Plan Amendment East Elk Grove Specific Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD

A Exhibit A Project Description B Exhibit B General Plan Amendment Exhibit C Exhibit C East Elk Grove Specific Plan Amendment D Exhibit D Small Lot Tentative Subdivision Map E Exhibit E Waterman Drive Intersection Exhibit F Exhibit F Conditions of Approval

2 Rezone Ordinance A Rezone Exhibit

12

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

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April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Elk Grove City Council December 14 2016 Page 11 of 12 The proposed Small Lot Tentative Subdivision Map is consistent with the Zoning Code development standards in that it meets or exceeds all of the minimum development standards for the RD-5 zoning district as outlined in the Table 5 below

Table 5 Project Compliance with RD-5 Development Standards Description Standard Proposed Project Compliance YN

Maximum Density 50 duac 50 duac Yes Lot Area Minimum 5200 square feet 5200 square feet Yes Lot Width Minimum (at front setback line)

52 feet 52 feet Yes

Corner Lot Width 62 feet 63 feet Yes Lot Depth 85 feet 96 feet Yes The proposed Project complies with the Elk Grove Design Guidelines for subdivision design for individual subdivisions that are part of a larger area plan The site is north of the Elk Grove Creek open space and drainage corridor with a Class 1 multi-use trail extending the entire length of the southern and western boundaries The Project connects and abuts existing and approved single family residential land to the north and east Light industrial and office park uses are across an open space utility easement to the west and northwest There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site Future homes on the site will require approval of a Master Home Plan Design Review

The proposed Small Lot Tentative Subdivision Map does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have been incorporated into Project conditions of approval (Exhibit F of Attachment 1) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E of Attachment 1)

11

Elk Grove City Council December 14 2016 Page 12 of 12 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 ldquoprojectsrdquo A ldquoprojectrdquo under CEQA is defined as ldquothe 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 environmentrdquo The proposed project is a project under CEQA Staff has reviewed the project to determine the required level of review under CEQA The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-499) and the Fieldstone North Project (EG13-004) evaluating the map and park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR executing the park land transfer approved for Fieldstone North Therefore this Project qualifies for the identified exemption and no further environmental review is required ATTACHMENTS

1 Resolution ndash Approval of the General Plan Amendment East Elk Grove Specific Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD

A Exhibit A Project Description B Exhibit B General Plan Amendment Exhibit C Exhibit C East Elk Grove Specific Plan Amendment D Exhibit D Small Lot Tentative Subdivision Map E Exhibit E Waterman Drive Intersection Exhibit F Exhibit F Conditions of Approval

2 Rezone Ordinance A Rezone Exhibit

12

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

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7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

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RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

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BLA

CK

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AN

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ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

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WY

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D

D

RIV

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BLA

CK

SW

AN

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ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Elk Grove City Council December 14 2016 Page 12 of 12 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 ldquoprojectsrdquo A ldquoprojectrdquo under CEQA is defined as ldquothe 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 environmentrdquo The proposed project is a project under CEQA Staff has reviewed the project to determine the required level of review under CEQA The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-499) and the Fieldstone North Project (EG13-004) evaluating the map and park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR executing the park land transfer approved for Fieldstone North Therefore this Project qualifies for the identified exemption and no further environmental review is required ATTACHMENTS

1 Resolution ndash Approval of the General Plan Amendment East Elk Grove Specific Plan Amendment Small Lot Tentative Subdivision Map Design Review for Subdivision Layout and Abandonment of IOD

A Exhibit A Project Description B Exhibit B General Plan Amendment Exhibit C Exhibit C East Elk Grove Specific Plan Amendment D Exhibit D Small Lot Tentative Subdivision Map E Exhibit E Waterman Drive Intersection Exhibit F Exhibit F Conditions of Approval

2 Rezone Ordinance A Rezone Exhibit

12

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

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PubOs

ELK GROVE CREEK

Rec

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CHAROLAIS COURT

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PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

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WY

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Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

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BLA

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RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE GENERAL PLAN AMENDMENT EAST ELK GROVE SPECIFIC

PLAN AMENDMENT SMALL LOT TENTATIVE SUBDIVISION MAP DESIGN

REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE

OFFER OF DEDICATION FOR RIGHT-OF-WAY AND A DRAINAGE EASEMENT FOR

CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and

WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) as described in Exhibit A complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Previous land use amendments approved in 2005 were determined to be minor in nature and did not require General Plan Amendment Proposed General Plan Amendments reflect previously approved and current proposed amendments within the Crooked Creek Estates project area and

13

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

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ELK GROVE CREEK

M-P

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ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

WHEREAS the proposed General Plan Amendment will implement the previously-approved park land transfer to Fieldstone North as well as previous minor land use amendments approved in 2005 as shown in Exhibit B and WHEREAS the proposed EEGSP Amendment will change the land use designation of Residential 4 to Residential 5 and will rearrange the acreages and boundaries of the project sitersquos land use designations that also includes a school site a park site and open space consistent with previously-approved park land transfer to Fieldstone North as shown in Exhibit C and WHEREAS the proposed Small Lot Tentative Subdivision Map for the Project will repeal and replace the previously-approved tentative subdivision map on the site and WHEREAS the proposed Small Lot Tentative Subdivision Map will create 121 single-family residential lots a school site a park site and an open space area consistent with Exhibit D which includes an allocation of 26 surplus units above and beyond the original 95 unit allocation for the Project within the EEGSP maximum of 4513 units and WHEREAS the proposed Design Review for the Small Lot Tentative Subdivision Map will approve the subdivision layout for the Project consistent with the Elk Grove Design Guidelines as shown in Exhibit D and WHEREAS the proposed abandonment of a portion of the Irrevocable Offer of Dedication (IOD) located outside of the required right-of-way for this Project as shown and listed on Exhibit D serves no purpose as originally intended by the previous map approval and WHEREAS with the realignment of the existing drainage pipe within the extension of Black Swan Drive right-of-way the proposed abandonment of the existing drainage easement as shown and listed on Exhibit D serves no purpose as originally intended As a result of the drainage pipe realignment the existing drainage easement will be abandoned on the final map pursuant to Government Code 66434(g) as part of the City Council action and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and

14

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

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PubOs

ELK GROVE CREEK

Rec

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PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

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ELK GROVE CREEK

Light

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ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the land use change tentative subdivision map and design review for subdivision layout and abandonment of IODs and

WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting NOW THEREFORE BE IT RESOLVED that the City Council finds that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15162 based upon the following finding California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the City of Elk Grove General Plan Land Use Map as illustrated and described in Exhibit B (incorporated herein by this reference) based upon the following finding General Plan Amendment Finding The proposed General Plan Land Use Map Amendment is consistent with the General Plan goals policies and implementation programs including previous City Council action to approve the transfer of five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP

15

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five (5) acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby amends the East Elk Grove Specific Plan as illustrated and described in Exhibit C (incorporated herein by this reference) based upon the following finding

East Elk Grove Specific Plan Amendment Finding The proposed amendment to the East Elk Grove Specific Plan is consistent with the General Plan goals policies and implementation programs Evidence General Plan Land Use Element Policies LU-21 and LU-22 state that land uses and development in the EEGSP area shall generally conform to the adopted policies and corresponding land use map The ordinance adopting EEGSP allows for minor amendments to the plan subject to formal review by the Planning Director and determination by the Planning Commission Proposed General Plan Amendments reflect previously-approved land use amendments and current proposed amendments within the Crooked Creek Estates project area which are a result of the City Council action to transfer five acres of park land from Crooked Creek Estates East to Fieldstone North within the EEGSP as previously approved

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Small Lot Tentative Subdivision Map as illustrated and described in Exhibit D (incorporated herein by this reference) with conditions of approval as listed in Exhibit F (incorporated herein by this reference) based upon the following finding Small Lot Tentative Subdivision Map and Abandonment of Irrevocable Offer of Dedication and Drainage Easement Finding The proposed Small Lot Tentative Subdivision Map (including Abandonment of IOD and Drainage Easement) is consistent with the RD-5 Zoning District standards and City improvement standards Evidence The Project meets all the minimum development standards for RD-5 zoning including minimum density lot size lot width and lot depth Additionally the Project does not propose to deviate from any of the Cityrsquos current improvement standards Engineering comments regarding the proposed improvements and phasing thereof have

16

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

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AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

been incorporated into Project conditions of approval (Exhibit F) and includes a special exhibit and conditions for the planned intersection improvements for access to Waterman Drive (Exhibit E)

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Elk Grove hereby approves the Design Review for subdivision layout as illustrated and described in Exhibit D (incorporated herein by this reference) based upon the following finding

Design Review for Subdivision Layout Finding The proposed Subdivision Design Review is consistent with the Elk Grove Design Guidelines Evidence The Project connects and abuts existing and approved single family residential land to the north and east There are three points of vehicular access (north east and west) with a modified grid street pattern for easy access to and through the Project site The subdivision is designed with relatively short block lengths two looped streets and two cul-de-sacs The looped street and cul-de-sacs abutting open space provide direct pedestrian connections to the trails The Project provides front side and rear lot adjacency to both the four-acre park site and the 10-acre school site PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day of December 2016 STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY

17

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

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PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

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PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

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BLA

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SW

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Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

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WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit A Crooked Creek Estates EG-15-050 Project Description The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as previously approved by City Council adjust open spacedrainage acreage and a corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested and required entitlements are as follows

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

East Elk Grove Specific Plan Amendment to change the land use designation of

Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4)

to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre project site into

121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

18

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit BCrooked Creek Estates EG-15-050General Plan Amendment

19

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

LI

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

PubOs

ELK GROVE CREEK

Rec

7894

December 15 2015

General Plan Amendment

N O R T H

0 200 400 ft

Existing General Plan Proposed General PlanLAND USE SUMMARY

City of Elk Grove - Planning DEC 17 2015

20

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit CCrooked Creek Estates EG-15-050East Elk Grove Specific Plan Amendment

21

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

Industrial

ELK GROVE CREEK

Light

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

EIndustrial

ELK GROVE CREEK

7894

April 1 2016

Specific Plan Amendment

N O R T H

0 200 400 ft

Existing Specific Plan Proposed Specific Plan LAND USE SUMMARY

22

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit DCrooked Creek Estates EG-15-050Small Lot Tentative Subdivision Map

23

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

24

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit ECrooked Creek Estates EG-15-050Waterman Drive Intersection

25

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Cred Cree Etate EatAt 24 20

EMA 00 Year ldlan

WR 00 Year ld e 20

Cree Wetland er Madrne Arl 20

Wetland Delneatn and Etn Cree erAlternate4C Cree Crrdr EtSet 200

Pred Imrement lder lanedenn r tter and dealPred ltmate mrement fr A Dre

Exhibit E

26

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit FCrooked Creek Estates EG-15-050Conditions of Approval

27

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 1 of 13

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 This action does not relieve the Applicant of the obligation to comply with all Elk Grove Municipal Code provisions statutes regulations and procedures

On Going Planning

3 The ApplicantProperty Owner and any Successors in Interest (hereby referred to as the ldquoApplicantrdquo) 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 attorneyrsquos fees and expert witness fees arising out of this Project including challenging the validity of this approval or any environmental or other documentation related to approval of this Application

On Going Planning

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

bull East Elk Grove Specific Plan bull The Elk Grove Zoning Code (Title 23 of the EGMC) bull EGMC Chapter 1912 (Tree Preservation and Protection) bull EGMC Chapter 1410 (Water Efficient Landscape Requirements) bull Citywide Design Guidelines

On Going Planning Engineering

28

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 2 of 13

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 of Elk Grove Improvement Standards as further conditioned herein and to the satisfaction of Public Works All street improvements shall include vertical curb and gutter except along the frontages to residential lots in which case street improvements shall include rolled 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 Public Works Engineering

SCWA SASD SMUD PGampE

6 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) or other agencies or services providers as established by law

On-Going Planning Engineering

CCSD SCWA SASD

7 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

bull Master Home Plan Design Review bull Grading Permit and Improvement Plan bull Final Map bull Building Permit and Certificate of Occupancy bull Section 404 401 1602 or other State or Federal environmental permit bull Requirements of the Sacramento Metropolitan Air Quality

Management District bull Fire Permit

On-Going Planning Engineering

Building CCSD SCWA SASD

29

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 3 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Prior To or In Conjunction With Improvement andor Grading Plan Submittal or Approval

8 The development approved by this action is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted for the East Elk Grove Specific Plan and the MMRP for Crooked Creek Estates EG 03-499 A deposit of $5000 for monitoring mitigation measures applicable to this development shall be paid to the City in order to assure MMRP compliance If actual City monitoring costs exceed the initial estimate a revised estimate andor supplemental bill(s) will be submitted to the Applicant If actual City monitoring costs are less than the initial estimate the difference will be refunded to the Applicant If the Project be constructed in phases between multiple parties additional deposit(s) shall be required to the satisfaction of the Development Services Director

Prior to issuance of any plans or

permits associated with this Project the Applicant shall

submit the deposit to the

City of Elk Grove

Planning

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 Interiorrsquos 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 Plan

Planning

10 All construction must stop if any human remains are uncovered and the County Coroner must be notified according to Section 70505 of Californiarsquos Health and Safety Code If the remains are determined to be Native American the procedures outlined in CEQA Section 150645 (d) and (e) shall be followed A note stating the above shall be placed on the Improvement Plans

Improvement Plans

Planning

11 Applicant shall prepare and submit a drainage study to the satisfaction of the City and in accordance with City of Elk Grove Storm Drainage Master Plan Improvement Standards General Plan and any other applicable drainage master plans or studies

Improvement Planor Grading

Permit(s) Whichever

Engineering

30

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 4 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Occurs First

12 The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk Grove Improvement Standards and most recent version of the Stormwater Quality Design Manual for the Sacramento Region The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed

Improvement Plan or Grading

Permit(s) Whichever Occurs First

Engineering

13 The Applicant shall design publically bid and construct the Wyland Drive bridge over Elk Grove Creek in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City Eligible costs associated with the construction of the bridge are subject to reimbursement by the City as set forth in the Elk Grove Roadway Fee Program To be eligible for reimbursement the Applicant shall

1 Enter into an Acquisition and Reimbursement Agreement with the City prior to construction of the improvement and

2 Comply with all pre and post-bidding procedures as required by the City and State law

Improvement Plan

Engineering Public Works

14 The Applicant shall map the 100-year floodplain boundary identify Special Flood Hazard Areas (SFHAs) determine Base Flood Elevations (BFEs) in the vicinity of the Project and revise the existing 100-year floodplain limit to ensure that lsquoArsquo Drive at Waterman Road is not located within a SFHA The Applicant shall submit to the City all the information required to apply for a Conditional Letter of Map Revision (CLOMR) with FEMA where applicable and obtain a CLOMR from FEMA prior to any grading or site improvement activities The Applicant may seek improvement plan approval from the City prior to obtaining a CLOMR from FEMA provided that no grading or site improvement activities occur until FEMA has issued the CLOMR Once improvements have been constructed and accepted by the City and prior to issuance of any building permits the Applicant shall obtain a Letter of Map Revision (LOMR) from FEMA The LOMR shall include the entire reach of Elk Grove Creek from

Improvement Plan

Engineering Public Works

31

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 5 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

Wyland Road to Waterman Road unless alternative timing of issuance of building permits is authorized by a City ordinance in effect at the time of issuance of building permits The City may approve alternative timing andor phasing of the CLOMRLOMR if it will facilitate construction and the City finds that phasing of the CLOMRLOMR is in accordance with the City code if hereafter amended to so allow

15 The Applicant shall obtain final clearance from the easement holders for a portion of the proposed public streets (lsquoArsquo Drive Court lsquo2rsquo and lsquoCrsquo Circle) and Lots 28 29 and 30 located within the SMUD PGampE and USBR easements to the satisfaction of the City

Improvement Plan

Engineering

16 The Applicant shall enter into a binding agreement with CSD that addresses the dedication of the 40 acre (net) park (Lot B) to the CSD dedication of Open Space Lots C amp E to the CSD dedication of the Lot D including the Trail Corridor along Elk Grove Creek to the City the design and construction of trails and associated landscaping payment of any Quimby and Park Impact fees andor reimbursements Provide the CSD with verifications no wetlands are on the park site (Lot B) Alternatively provide documentation verifying all wetland fill requirements have been addressed

Improvement Plans

CCSD Parks

17 The Applicant shall submit landscape and civil plans and specifications for creek and powerline trail improvements to the CCSD for review and approval The Applicant shall submit civil improvement plans for the park site to the CCSD for review and approval

Improvement Plans

CCSD Parks

18 All real property within the boundaries of the proposed project is within a benefit zone of the District Wide Landscape amp Lighting Assessment District Prior to rezoning the property recording any final maps approving improvement plans or issuing any building permits the owners of all real property within the boundaries of a project shall execute and deliver to the CSD a written petition in an acceptable form approved by the CSD consenting to (i) the formation of the existing District Wide Assessment District and the methodology adopted to allocate the cost to the various land uses (ii) when necessary the

Improvement Plans

Planning CCSD Parks

32

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 6 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

annexation to the appropriate zone of benefit created to fund urban services (iii) the budget formulas and cost of living indexes use to establish the amount of the annual assessments and (iv) the levying of the annual assessment to fund the maintenance operation and in some instances the existing capital costs of parks parkways corridors medians open space trail systems lakes creeks and other recreational and aesthetic amenities

19

All development shall be serviced by public sewer to the satisfaction of Sacramento Area Sewer District Each lot with a sewage source shall have a separate connection to the public system If there is more than one building on any lot and the lot is not proposed for split then each building on that lot shall have a separate connection to a private on-site sewer line or SASD public sewer line

Improvement Plans

SASD

20 In order to obtain sewer service for this Project construction of both off-site and on-site SASD sewer infrastructure will be required SASD Design Standards shall apply to any on- and off-site sewer construction

Improvement Plans

SASD

Prior to or In Conjunction with Final Map Submittal or Approval

21 A Lot Line Adjustment establishing the boundaries shown on the tentative map shall be completed prior to recordation of the Final Map

Final Map Engineering

22 If the Applicant proposes to phase the Project the Applicant shall dedicateacquire property rights for design and construct all infrastructure improvements including landscaping as specified in these conditions and as determined by the City to be necessary to serve the proposed phase(s) Unless otherwise approved by the City and the CCSD Fire Department each phase shall result in at least two points of access to arterial andor thoroughfare streets to the satisfaction of the City

Final Map Engineering

23 Civil and landscape plans for public improvements required of the subdivision shall be approved by the City prior to approval of the corresponding final map

Final Map Engineering

33

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 7 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

24

The Applicant shall dedicate to the City of Elk Grove public utility easements for underground facilities and appurtenances as shown on the tentative map adjacent to all public streets to the satisfaction of the City

Final Map Engineering

25 The Applicant shall dedicate to the City Lot D in fee

Final Map Engineering

26 The Applicant shall dedicate design and install the multi-use trail as shown on the tentative map in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

27 With the exception of the drainage easement 750417 OR 704 all parcels to be dedicated in fee to the City as a condition of this tentative map shall not be encumbered with any easements nor shall it be subject to a deed of trust at the time of the dedication on the final map A partial re-conveyance for any deed of trust shall be submitted along with the final map for City Council Approval The Applicant shall also provide title insurance in conjunction with all fee title dedications to the City of Elk Grove

Final Map Engineering

28 The granting of any easement to any other person(s) or entity once the tentative map has been approved is prohibited unless otherwise approved by the City Should such grant be inadvertently provided it shall be subordinated to any dedication of streets or easements to the City of Elk Grove as shown on the final map A subordination document shall be submitted along with the final map for City Council approval

Final Map Engineering

29 Unless otherwise approved by the Elk Grove Unified School District (EGUSD) the Applicant shall reserve Lot A (School) for a future school site through an irrevocable reservation (per California Government Code Sections 66479 and 66480) The reserved site must be in a location and configuration acceptable to the EGUSD and in compliance with the conceptual site location on the East Elk Grove Specific Plan The reserved site must also comply with all applicable state and local laws and regulations pertaining to school siting and school site selection EGUSD shall not be responsible for any costs associated with the

Final Map EGUSD

34

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

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CHAROLAIS COURT

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BLA

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ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

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ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 8 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

reservation of school sites except as required by law including but not limited to California Government Code section 66480

30 The Applicant shall dedicate design and construct the westerly half-section of Wyland Drive from the Projectrsquos northerly property line to lsquoArsquo Drive as shown on the tentative map in accordance with the City Improvement Standards and to the satisfaction of the City

Final Map Engineering

31 The Applicant shall acquire dedicate design and construct Wyland Drive in full-width from lsquoArsquo Drive to the Projectrsquos southerly property line in accordance with the City Improvement Standards and to the satisfaction of the City Improvements shall include 4-foot separated sidewalk and 6-foot landscaping

Final Map Engineering

32 The Applicant shall dedicate design and construct Black Swan Drive from Charolais Way to lsquoArsquo Drive as a 42-foot primary residential street measured from back of curb to back of curb as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

33 The Applicant shall dedicate pedestrian easements for sidewalks within landscape areas that are located outside of the right-of-way along all public streets to the satisfaction of the City

Final Map Engineering

34 The Applicant shall dedicate design and construct the southerly half-section of Charolais Way as shown on the tentative map in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35 The Applicant shall install at-grade trail crossing at the trail connections at Charolais Way Wyland Drive and lsquoArsquo Drive in accordance with the Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City

Final Map Engineering

36 The Applicant shall dedicate design and construct lsquoArsquo Drive as shown on the tentative map and Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

35

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

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ELK GROVE CREEK

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ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 9 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

37 The Applicant shall dedicate design and construct an expanded intersection on lsquoArsquo Drive at Waterman Road as shown on Exhibit E in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

38 The Applicant shall dedicate design and construct all internal streets as shown on the map and in accordance with the Cityrsquos Improvement Standards and to the satisfaction of the City

Final Map Engineering

39 The Applicant shall install parking and trailhead for the multi-use trail in accordance with the Cityrsquos Bicycle Pedestrian and Trails Master Plan and to the satisfaction of the City Location of the parking and trailhead shall be within the powerline corridor between lsquoArsquo Drive and Charolais Way Improvements shall include 15 on-street parking spaces (outside of residential areas) 3 equestrian parking spaces ADA parking spaces and adequate circulation to accommodate an equestrian truck and trailer

Final Map EngineeringPublic Works

40 The Applicant shall abandon the drainage easement per Book 20040608 OR 1993 to the satisfaction of the City The Applicant shall also relocate the existing drainage pipe to the satisfaction of the City prior to the abandonment of the easement as a part of the realignment of the easement

Final Map Engineering

41 The Applicant shall install stop signs at intersections of internal streets Location(s) of stop signs will be determined during Improvement Plan review

Final Map Engineering

42 The Applicant shall pay an in-lieu fee for the Projectrsquos fair-share towards the design and construction costs of the future pedestrian bridge over Elk Grove Creek prior to approval of the 1st final map If the bridge is added to the Cityrsquos Roadway Fee Program prior to approval of the 1st final map this condition will be no longer applicable

Final Map EngineeringPublic Works

43 Prior to any Final Map approval the Applicant can satisfy their public improvement obligations by entering into a Subdivision Improvement Agreement with the City of Elk Grove

Final Map Engineering

36

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

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ELK GROVE CREEK

M-P

CHAROLAIS COURT

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ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 10 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

44 For all single family corner lots an access restriction shall be placed on the property from the driveway around the corner to the property line of the side yard

Final Map Engineering

45 The Applicant shall dedicate a 125 foot public utility easement to the City of Elk Grove for underground and overhead facilities and appurtenances adjacent to all public street right of ways

Final Map SMUD

46 All eligible park lands parkways and other open space areas shall be dedicated in fee title to the Consumnes Community Services District Land dedicated to the CSD shall be free amp clear of any past or future taxes or assessments any liens or encumbrances and any easements not disclosed on the tentative map Any structures walls fences wells or storage tanks must be removed per the CSD specifications and in accordance with all applicable laws and regulations prior to the acceptance by the CSD of any grant deed

Final Map CCSD Parks

47 Prior to the recordation of the final map the property owner(s) shall (1) approve an annual Mello-Roos Community Facilities District special tax or (2) deposit a sum of money as determined by the Cosumnes Community Services District sufficient for the Cosumnes Community Services District to fund a portion of the cost of the Districtrsquos ongoing fire and emergency services maintenance operation and repair and replacement of fire station facilities and fire and emergency equipment Any costs for the approval and creation of such annual special tax annexation of the Property into an existing Mello-Roos Community Facilities District for the Cosumnes Community Services District or administration of the sum of money deposited to fund the fire and emergency services shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with the Cosumnes Community Services District In the event that the property owner(s) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District no building permits for the property shall be issued

Final Map CCSD Fire

48 Prior to recording of a final subdivision map the Project area shall annex into Final Map Finance

37

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

AN

D

RIV

E

ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 11 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD) to fund the projectrsquos 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 and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

49 Prior to recording of a final subdivision map the Project area shall annex into the Police Services Community Facilities District 2003-2 (CFD) to fund the Projectrsquos fair share of Public Safety costs The annexation process can take several months so applicants should plan accordingly The application fee and completed application 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 httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_roos_cfds

Final Map Finance

50 Prior to issuance recording of a final subdivision map the Project area shall annex into the Street Maintenance Assessment District No 1 Zone 3 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 and completed application for the annexation is due prior to the Resolution of Intention to Levy Street Maintenance Assessments For further information on this District see httpwwwelkgrovecityorgcity_halldepartments_divisionsfinancemello_ro

Final Map Finance

38

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

M-P

CHAROLAIS COURT

WA

TER

MA

N

RO

AD

WY

LAN

D

D

RIV

E

BLA

CK

SW

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D

RIV

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ELK GROVE CREEK

M-P

CHAROLAIS COURT

WA

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MA

N

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WY

LAN

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D

RIV

E

BLA

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SW

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ELK GROVE CREEK

7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 12 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

os_cfds

51 Prior to recording of a final subdivision map the Project area 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 completed application 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 httpwwwcodepublishingcomCAelkgroveElkGrove15ElkGrove1510html1510

Final Map Finance

Prior to or In Conjunction with Building Permit Submittal or IssuanceApproval

52 All building addressing shall be approved by the City of Elk Grove Building Department in consultation with the Cosumnes CSD Fire Department

Prior to Issuance of 1st Building

Permit

Building Department

CCSD Fire Department

53 The Applicant shall reconstruct any damaged curb gutter sidewalk andor pavement caused by construction-related activity associated with the Project If pavement replacement is necessary as determined by the City the Applicant may be required to grind overlay andor slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project

Building Permit Engineering

54 The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards

Building Permit Engineering

55 A street name from the City of Elk Grove Veterans Street Name Program shall be assigned to the Project for use on a street within the subdivision in accordance to City Policy and to the satisfaction of the City

Building Permit Engineering

39

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

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ELK GROVE CREEK

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April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Exhibit F CROOKED CREEK ESTATES EAST EG-15-050 Draft Conditions of Approval

Page 13 of 13

Conditions of Approval Timing Implementation

Enforcement Monitoring

Verification (date and signature)

56 The Applicant shall be responsible for all costs associated with off-site right-of-way acquisition including any costs associated with the eminent domain process if necessary

Building Permit Engineering

57 Where the park site abuts residential lots install a 6 ft high masonry wall which will be built to the specifications of the CSD along the park area where it abuts these lots The wall shall be exclusively located on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD The CCSD will be responsible solely for graffiti removal on the exterior portion of the wall which faces the park or parkway The CCSD shall bear all expenses associated with the removal

Prior to Issuance of 1st Building

Permit

CCSD Parks

58 The Applicant shall construct amp install landscape improvements in trail corridors and designated landscape lots according to plans and specifications approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

59 The Applicant shall construct a 6-foot high masonry wall or partial open fencing consisting of a masonry wall and tubular steel pickets on all residential lot boundaries adjacent to a trail corridor Wall specifications are determined solely by the CCSD The wall shall be located exclusively on the residential property Accordingly general maintenance repair or replacement of the wall shall be the sole responsibility of the adjacent property owner not the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

60 The Applicant shall provide utility stubs in to the park site for water drainage electrical phone and sewer Locations of all utility service points shall be pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

61 The Applicant shall rough grade the park site pursuant to plans approved by the CCSD

Prior to Issuance of 1st Building

Permit

CCSD Parks

40

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

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7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

ATTACHMENT 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE REZONE FOR CROOKED CREEK ESTATES EAST (EG 15-050)

WHEREAS the East Elk Grove Specific Plan (EEGSP) was originally adopted by the County of Sacramento in February 1996 (Resolution 96-0115) with 1400 acres for residential commercial light industrial office schools parks and open space bounded by Bond Waterman Grant Line and Bradshaw Roads and WHEREAS the City of Elk Grove became the land use authority upon incorporation in 2000 and has since approved several amendments to the EEGSP to reconfigure land uses as well as subsequent entitlements required for development within the project area (eg tentative subdivision maps) and WHEREAS in January 2005 the City Council approved an amendment to the EEGSP for Crooked Creek Estates (EG-03-099) to reconfigure and rezone land and to approve a tentative subdivision map and design review for 78 single family residential lots a park a school and open space and WHEREAS the tentative subdivision map for Crooked Creek Estates including all discretionary and statutory extensions will expire on January 17 2017 and WHEREAS in January 2014 the City Council approved tentative maps for the Fieldstone North Project (EG 13-004) including the option to transfer five acres of park land from Crooked Creek Estates to Fieldstone North for the continuation of Derr Okamoto Park as a larger community park site The Cosumnes Community Services District exercised that option by purchasing the open space land in Fieldstone North which resulted in the reduction of 26 single family lots within the Fieldstone North subdivision and WHEREAS the proposed land use changes and new tentative subdivision map for Crooked Creek Estates East (Project) complete the transfer of park and open space land previously approved by City Council for Fieldstone North and WHEREAS the proposed Rezone will change the Cityrsquos zoning district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and will rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A and WHEREAS the City determined that the Project is subject to the California Environmental Quality Act (CEQA) and

WHEREAS State CEQA Guidelines Section 15162 identifies that projects

consistent with a general plan for which an environmental impact report was certified are exempt from CEQA and

WHEREAS an Environmental Impact Report was prepared and certified for the

41

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY MAYOR of the

CITY OF ELK GROVE ATTEST APPROVED AS TO FORM JASON LINDGREN CITY CLERK JONATHAN P HOBBS CITY ATTORNEY Date signed ______________________

44

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7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

East Elk Grove Specific Plan as part of its adoption in 1995 (SCH 94112053) and Mitigated Negative Declarations were prepared for both the Crooked Creek Estates (EG 03-099) original tentative map approval and the Fieldstone North (EG 14-003) tentative map approval including the option to transfer five acres of park land and

WHEREAS the Planning Commission held a duly noticed public hearing on November 17 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and recommended by a vote of 4-0 that the City Council approve the Rezone WHEREAS the City Council held a duly noticed public hearing on December 14 2016 as required by law to consider all of the information presented by staff property owners and public testimony presented at the meeting and NOW THEREFORE the City Council of the City of Elk Grove does hereby ordain as follows Section 1 Purpose The purpose of this Ordinance is to rezone land within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 2 Findings This Ordinance is adopted based upon the following findings California Environmental Quality Act (CEQA) Finding No further environmental review is required under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15162 Evidence The proposed project is exempt from CEQA under to CEQA Guidelines Section 15162 This exemption applies to projects that are consistent with a General Plan for which an environmental impact report (EIR) was prepared An EIR was prepared and certified for the East Elk Grove Specific Plan (EEGSP) as part of its adoption in 1995 (SCH 94112053) Additionally an Initial Study and Mitigated Negative Declaration was prepared for the Crooked Creek Estates Project (EG 03-099) and Fieldstone North Project (EG13-044) including consideration of the park land transfer The proposed Project is consistent with the Mitigated Negative Declarations and EEGSP EIR Therefore this project qualifies for the identified exemption and no further environmental review is required Rezone Finding The proposed Zoning Map Amendment is consistent with the General Plan

42

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY 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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April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

goals policies and implementation programs and the EEGSP Evidence The proposed zoning districts and densities of RD-5 and Open Space proposed are consistent with the General Plan land use designations of Low Density Residential and Open Space Additionally the proposed zoning is consistent with the allowed density within in EEGSP unit allocation with the addition of 26 units of surplus units for the Project over the original allocation of 93 units and 43 surplus units above the previously-approved 78 units The remaining surplus units for EEGSP will be 122 units

Section 3 Action The City Council hereby approves the rezoning of property within Crooked Creek Estates East from Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and approves the rearranging of the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O) consistent with the General Plan land use designations and EEGSP designations as shown in Exhibit A Section 4 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 5 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 6 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

43

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY 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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7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered Section 7 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 December 14 2016 ADOPTED EFFECTIVE STEVE LY 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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7894

April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

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April 1 2016

Rezone Exhibit

N O R T H

0 200 400 ft

Existing Zoning Proposed Zoning ZONING SUMMARY

45

jlindgren
Typewritten Text
EXHIBIT A

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

Incorporated July 1 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone (916) 683-7111 Elk Grove California 95758 Fax (916) 627-4400 wwwelkgrovecityorg

City of Elk Grove ndash City Council

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Wednesday December 14 2016 at the hour of 600 pm 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

CROOKED CREEK ESTATES EAST (EG-15-050) - GENERAL PLAN AMENDMENT SPECIFIC PLAN AMENDMENT REZONE SMALL LOT TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW FOR SUBDIVISION LAYOUT AND ABANDONMENT OF IRREVOCABLE OFFER OF DEDICATION AND EXISTING DRAINAGE EASEMENT

The Project consists of land use changes and a new subdivision map to implement the previous transfer of park acreage to Fieldstone North as approved by City Council adjust open spacedrainage acreage and corresponding transfer of residential lots consistent with the overall East Elk Grove Specific Plan (EEGSP) unit allocation Requested Project entitlements

General Plan Amendment to modify land use boundaries and acreages of the existing General Plan land use designations of Low Density Residential Public Schools Public Parks and Public Open SpaceRecreation

EEGSP Amendment to change the land use designation of Residential 4 to Residential 5 and to rearrange the acreages and boundaries of the Project sitersquos land use designations that also includes School Park and Open Space

Rezone to change the zone district of Single-Family Residential-4 duac (RD-4) to Single-Family Residential-5 duac (RD-5) and to rearrange the acreages and boundaries of the Project sitersquos zoning designations that also includes Open Space (O)

Small Lot Tentative Subdivision Map to subdivide the 449-acre Project site into 121 single-family residential lots school site park site and open space area (including IOD and Drainage Easement Abandonment) and

Design Review for subdivision layout

The Planning Commission reviewed this item on November 17 2016 and voted 4-0 to recommend the Project

PROPERTY OWNER APPLICANT AGENT Johan and Anne Otto Trust 9846 Waterman Road Elk Grove CA 95624

Raymond and Gloria Melavic Family Trust 9891 Waterman Road Elk Grove CA 95624

Threshold Construction Inc Mark Weiss (Representative) 2115 J Street Suite 201 Sacramento CA 95816

LOCATIONAPN 9879 9891 and 9846 Waterman Road within the southern portion of the East Elk Grove Specific Plan APNs134-0110-064 134-0110-065 and 134-0110-073

46

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47

ZONING East Elk Grove Specific Plan Residential Single Family (RD-4 and RD-5) and Open Space (O)

ENVIRONMENTAL Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section 15162 (Subsequent EIRs and Negative Declarations)

Information or questions regarding this item should be referred to Pam Johns (916) 478-3335 or to the office of Development Services ndash 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 2314040 of Title 23 of the Elk Grove Municipal Code DatedPublished December 2 2016 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

47