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Planning Commission Staff Report January 17, 2019

PROPERTY OWNER: PROJECT APPLICANT: PROJECT AGENT: Elk Park Associates, LLC Christopher D. Wight c/o Cypress Properties Group, LLC 985 Moraga Road, Suite 214 Lafayette, CA 94549

Elk Park Associates, LLC Christine Silva-Netto 985 Moraga Road, Suite 214 Lafayette, CA 94549

Ron Wood, P.E. 2260 Douglas Blvd., Suite 160 Roseville, CA 95661

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

1. Finding the Project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 (Minor Land Divisions) of Title 14 of the California Code of Regulations (State CEQA Guidelines); and

2. Approving a Tentative Parcel Map for the Elk Park Village Project (PLNG18-100) subject to the findings and conditions of approval contained in the draft Resolution (Attachment 1).

Project Description The Project proposes to divide the existing 5.94-acre lot into two lots consisting of one 0.42-acre lot and one 5.52-acre lot. The 0.42-acre lot would be located in the southwest corner of the existing site, where a Wienerschnitzel restaurant with drive-through (EG-17-024) was recently approved and adjacent to a parcel approved for a Popeye’s Louisiana Kitchen restaurant with drive-through (EG-17-012). Project Setting The 5.94-acre Project site is located at 9605 East Stockton Boulevard; south of Elk Grove Boulevard; east of East Stockton Boulevard and State Route 99; and encompasses the Elk Grove Village Shopping Center (see Figures 1 and 2). This shopping center consists of various commercial and retail stores, a fitness facility and a restaurant. Table 1 details the Project’s and adjacent properties’ current Zoning and General Plan designations and uses.

PROJECT: Elk Park Village Tentative Parcel Map FILE: PLNG18-100 REQUEST: Tentative Parcel Map LOCATION: 9605 East Stockton Boulevard APN: 125-0030-039 STAFF: Yalini Siva, Project Planner

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Elk Grove Planning Commission Elk Park Village Tentative Parcel Map (PLNG18-100) January 17, 2019 Page 2

Figure 1 - Location Map

Figure 2 - Site Map

Table 1 – Adjacent Land Designations and Uses

Existing Uses General Plan Zoning Project Site Elk Grove Village

Shopping Center Commercial General Commercial

North Fueling Station Commercial General Commercial South Retail Store Commercial/Office/ Multi-

Family Limited Commercial

West Commercial and Vacant Commercial and Public/Quasi Public

General Commercial and Shopping Center

East Single-Family Residential Low Density Residential RD-5 Low Density Residential

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Background The Elk Grove Village Shopping Center was developed prior to the City’s incorporation. The Popeye’s Louisiana Kitchen Project was approved in November of 2017 and consisted of a Minor Design Review and Parking Reduction Permit to construct a new drive-through restaurant with associated landscaping, parking and lighting within the existing Elk Park Village Shopping Center. This Project would be located southwest of the Elk Park Village Shopping Center and north of the Goodwill site. The Wienerschnitzel Project (EG-17-024) was approved in September of 2018, which included a drive-through and sit-down restaurant with related landscaping and parking, located in the southwest corner of the Elk Park Village Shopping Center, immediately north of the Popeye’s project. Figure 3 shows the approved site plan for the Wienerschnitzel Project. Neither of the approved projects has started construction as of this date.

Figure 3 – Wienerschnitzel Project Site Plan

Analysis The proposed Project has been reviewed in accordance with the City’s General Plan; the development standards of Title 22 (Land Development) and Title 23 (Zoning) of the Elk Grove Municipal Code (EGMC). Staff has determined that the Project is consistent with these standards.

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General Plan The current General Plan land use designation is Commercial (C) which is characterized by office, professional, and retail uses in any mix. The proposed Project would divide the existing Commercial parcel into two parcels. The southwest parcel would be created for the development of the Wienerschnitzel Project. The two created parcels would remain Commercial. The ongoing General Plan update proposes to designate the subject parcel Community Commercial (CC), which is characterized by retail and service uses that meet the daily needs of residents in surrounding neighborhoods and community needs beyond the surrounding neighborhood. The existing Elk Grove Village Shopping Center and proposed Project are consistent with the current and proposed updated General Plan designations. Zoning The current Zoning designation is General Commercial (GC) which is intended to allow for medium to high intensity uses with a wide range of retail, wholesale commercial, entertainment, office, services, and professional uses. The proposed Project would create a parcel for the Wienerschnitzel Project, which would be consistent with the existing zoning designation. Tentative Parcel Map Figure 4 illustrates the proposed Tentative Parcel Map. Parcel A is proposed at 0.42 acres and is the smaller of the two parcels. Parcel B is proposed at 5.52 acres. Parcel A would contain the Wienerschnitzel Project, related landscaping, and parking.

Figure 4 – Proposed Tentative Parcel Map

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Letters from Commenting Agencies This Project was circulated to various City, County, and utility agencies for review and no issues of concern were identified. Comments from agencies have either been addressed through the processing of the Project or have been included as Conditions of Approval. These conditions have been compiled as Exhibit C in the attached Resolution (Attachment 1). Environmental Analysis The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed Project is a project under CEQA. CEQA Guideline Section 15315 provides that the division of property in urbanized areas zoned for commercial use into four or fewer parcels are exempt from CEQA and no further environmental review is necessary when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. The Applicant’s proposed Tentative Parcel Map complies with all applicable commercial development standards established in the General Plan and Zoning Code. Public utilities are available to serve the proposed parcels and access to each proposed parcel will be provided via public roads. The subject property has not been involved in a subdivision within the last 2 years and the property is relatively flat. The boundaries of the Tentative Parcel Map encompass an existing shopping center and area that is currently in process of obtaining improvement plans and buildings permits for construction of a Wienerschnitzel restaurant with drive-through service. Impacts associated with that project were analyzed at the time of its approval. This Project only includes a request to subdivide the project site and does not propose any new development beyond what has previously been approved. Based on staff’s review of the Project, no special circumstances exist that would create a reasonable possibility that the proposed Tentative Parcel Map will have a significant effect on the environment. Therefore, the project is exempt from CEQA review. Recommended Motion Should the Planning Commission agree with staff’s recommendation, the following motion is suggested:

I move the Planning Commission adopt a Resolution finding the Project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 (Minor Land Divisions) of Title 14 of the California Code of Regulations (State CEQA Guidelines); and approve a Tentative Parcel Map for the Elk Park Village Project (PLNG18-100) subject to the findings and conditions of approval contained in the draft Resolution.

Attachments 1. Planning Commission Draft Resolution

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

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ATTACHMENT 1

RESOLUTION NO. PC-2019-XX JANUARY 17, 2019

A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION

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

FOR THE ELK PARK VILLAGE TENTATIVE PARCEL MAP

PROJECT NO. PLNG18-100 9605 EAST STOCKTON BOULEVARD

APN: 125-0030-039 WHEREAS, the Development Services Planning Department of the City of Elk Grove (the

“City”) received an application on November 6, 2018, from Elk Park Associates, LLC (the “Applicant”) requesting approval of a Tentative Parcel Map (the “Project”); and

WHEREAS, the proposed Project is located on real property in the incorporated portions

of the City more particularly described as APN: 125-0030-039; and WHEREAS, the Project qualifies as a project under the California Environmental Quality

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

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

WHEREAS, the Applicant’s proposed Tentative Parcel Map subdivides the subject

property into fewer than four parcels; complies with all applicable commercial development standards established in the General Plan and Elk Grove Municipal Code, Title 23 Zoning; the subject property has not been involved in a subdivision within the previous two years; the property is relatively flat; and services to the proposed parcels will be served by public utilities and access to each proposed parcels will be provided via public roads; and

WHEREAS, based on staff’s review of the Project, no special circumstances exist that

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

WHEREAS, the Development Services Department considered the Project request pursuant to the Elk Grove General Plan, the Elk Grove Municipal Code Title 23 (Zoning) and Title 22 (Land Development), and all other applicable State and local regulations; and

WHEREAS, the Planning Commission of the City (the “Planning Commission”) held a duly-

noticed public hearing on January 17, 2019, as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting.

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Planning Commission Resolution – Resolution 2019-XX | January 17, 2019 Elk Park Village Tentative Parcel Map (PLNG18-100) Page 2 of 11

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds the Project exempt from Title 14 of the California Code of Regulations (State CEQA Guidelines) pursuant to Section 15315 (Minor Land Divisions) and no further environmental review is necessary: CEQA Finding: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15315 of Title 14 of the California Code of Regulations.

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

CEQA Guideline Section 15315 provides that the division of property in urbanized areas zoned for commercial use into four or fewer parcels are exempt from CEQA and no further environmental review is necessary when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. The Applicant’s proposed Tentative Parcel Map complies with all applicable commercial development standards established in the General Plan and Zoning Code. Public utilities are available to serve the proposed parcels and access to each proposed parcel will be provided via public roads. The subject property has not been involved in a subdivision within the previous two years and the property is relatively flat. The boundaries of the Tentative Parcel Map encompass an existing shopping center and area that is currently in process of obtaining improvement plans and buildings permits for construction of a Wienerschnitzel restaurant with drive-through service. Impacts associated with that project were analyzed at the time of its approval. This Project only includes a request to subdivide the project site and does not propose any new development beyond what has previously been approved. Based on staff’s review of the Project, no special circumstances exist that would create a reasonable possibility that the proposed Tentative Parcel Map will have a significant effect on the environment. Therefore, the project is exempt from CEQA review.

AND, BE IT FURTHER RESOLVED, that the Planning Commission hereby approves the Tentative

Parcel Map for the Project, as described in Exhibit A and as illustrated in Exhibit B, subject to the Conditions of Approval provided in Exhibit C, (all incorporated herein by this reference), based upon the following findings: Tentative Parcel Map Finding: None of the findings (a) through (g) below in Section 66474 of the California Government Code that require a City to deny approval of a tentative map apply to this project.

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

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

c. That the site is not physically suitable for the type of development.

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

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

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

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

Evidence: a. The proposed map is consistent with the Elk Grove General Plan. b. The design of the improvements of the proposed subdivision is consistent with the

General Plan and design standards of the Elk Grove Municipal Code. c. The site is physically suitable for commercial development because the site is

designated Commercial in the General Plan and zoned for general commercial uses and no variances or exception are needed for map approval.

d. The site is appropriate for the specified density of development because the site meets required development standards.

e. The proposed Tentative Parcel Map is consistent with the General Plan and therefore would not cause substantial environmental damage. The proposed map divides the existing commercial shopping center into two parcels, one parcel for the previously-approved Wienerschnitzel Project and one parcel that encompasses the existing Elk Grove Village Shopping Center. The current and proposed General Plan update designates the Project site Commercial and Community Commercial respectively. Both designations are characterized by retail and service uses that meet the daily needs of residents in surrounding neighborhoods and community needs beyond the surrounding neighborhood. The proposed Tentative Parcel Map will encompass a site with existing and proposed development that is consistent with the current and proposed General Plan designations.

f. The design of the subdivision map or type of improvements will meet all applicable standards or regulations and will not cause serious public health problems.

g. No conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision, have been identified.

The foregoing Resolution of the City of Elk Grove was passed and adopted by the Planning Commission on the 17th day of January 2019, by the following vote: AYES: NOES ABSENT: ABSTAIN: ATTEST:

Sandy Kyles, PLANNING SECRETARY Frank Maita, CHAIR of the PLANNING COMMISSION

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Exhibit A Elk Park Village TPM (PLNG18-100) Project Description


PROJECT DESCRIPTION

The Elk Park Village Tentative Parcel Map Project proposes to divide an existing 5.94-acre lot into two lots consisting of 0.42 acres and 5.52 acres for the purpose of creating a parcel for an approved restaurant with drive-through service within an existing shopping center.

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Exhibit B Elk Park Village Tentative Parcel Map (PLNG18-100) Project Exhibits


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Exhibit C Elk Park Village Tentative Parcel Map (PLNG18-100) Conditions Of Approval


Conditions of Approval Timing/ Implem

entation Enforcement/ Monitoring

Verification (date and Signature)

On Going 1. The Elk Park Village Tentative Parcel Map (Project) located at 9605 East

Stockton Boulevard (APN: 125-0030-039) approved by this action is for a Tentative Parcel Map to subdivide 5.94 acres into two parcels.

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

On-Going Planning

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

On-Going Planning

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

On-Going Planning

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

On Going Planning

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

On-Going Finance

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

• The Elk Grove Zoning Code (Title 23 of the EGMC) • EGMC Chapter 19.12 (Tree Preservation and Protection) • EGMC Title 22 (Land Development)

On Going Planning Engineering

7. Public sewer, water, and other utility infrastructure shall be designed and constructed in accordance with the standards of the appropriate utility.

On Going Engineering SCWA SASD SMUD PG&E

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


Building CCSD SCWA SASD

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

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

Management District • Cosumnes Fire Department Review and Approval • SASD Design Standards for on-site and off-site sewer construction


Building CCSD SCWA SASD

10. In the event the Applicant requires the relocation or removal of existing SMUD facilities on the subject property, the Applicant shall coordinate with SMUD. The Applicant shall be responsible for the cost of relocation or removal.

On Going SMUD

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11. SMUD reserves the right to use any portion of its easements on the subject property that it reasonably needs and shall not be responsible for any damages to the developed property within said easement that unreasonably interferes with those needs.

On Going SMUD

12. Any necessary future SMUD facilities located on the Applicant’s property shall require a dedicated SMUD easement. This will be determined prior to SMUD performing work on the Applicant’s property.

On Going SMUD

Prior To or In Conjunction With Final Map Approval 13. The Applicant shall record a reciprocal access and parking agreement

between the parcels of this development, including but not limited to common area ownership, maintenance, utilities, joint access and parking to the satisfaction of the City.

Final Map

Engineering

14. Prior to the recording of a final parcel map, the Project area shall annex into the Maintenance Mello-Roos Community Facilities District 2006-1 (CFD), to fund the project’s fair share of landscape related maintenance costs associated with public parkways, public parks, open space, landscape setbacks, bike and other paths, landscaped medians in and adjacent to roadways, maintenance and operation of a community center, sports (including aquatic) facilities, cultural arts center, and water features, and maintenance of other related facilities. The annexation process can take several months, so applicants should plan accordingly. The application fee 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 http://www.elkgrovecity.org/city_hall/departments_divisions/finance/mello_roos_cfds/

Final Map

Finance

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http://www.elkgrovecity.org/city_hall/departments_divisions/finance/mello_roos_cfds/

http://www.elkgrovecity.org/city_hall/departments_divisions/finance/mello_roos_cfds/






15. Prior to recording of a final parcel, 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 http://www.codepublishing.com/CA/elkgrove/#!/ElkGrove15/ElkGrove1510.html#15.10

Final Map

Finance

16. SMUD has existing underground 12kV facilities on the project site that will need to remain.

Final Map

SMUD

17. The Applicant shall comply with SMUD siting requirements (e.g., panel size/location, clearances from SMUD equipment, transformer location, service conductors). Information regarding SMUD siting requirements can be found at: https://www.smud.org/en/Business-Solutions-and-Rebates/Design-and-Construction-Services

Final Map SMUD

18. The Applicant shall provide separate SMUD service points to each parcel to the satisfaction of SMUD.

Final Map SMUD

19. The Applicant shall locate, verify, and provide a drawing to SMUD identifying all electrical utility infrastructure for the existing structures including electrical panel locations. If necessary, any existing onsite electrical infrastructure that serves existing structures shall be relocated to the satisfaction of SMUD to ensure each parcel has a separate service point.

Final Map SMUD

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