RESOLUTION NO. 2002·93 - elkgrovecity.org

RESOLUTION NO. 2002·93

A RESOLU1"ION OF THE CITY COUNCIL OF THECITY OF ELK GROVE UPHOLDING AN APPEAL FILED BY

CSD-1 AND APPROVING A TENTATIVE SUBDIVISIONMAP AND A SPECIAL DEVELOPMENT PERMIT WITH A

REQUIREMENT FOR DRY SEWER LINES AND A SEWERSTUDY FOR THE SLEEPY HOLLOW PROJECT EG-01-126

WHEREAS, the Sleepy Hollow project, represented by Mark Nelson (hereinafterreferred to as Applicant) filed an application with the City of Elk Grove (hereinafterreferred to as City) for the following:

• A Tentative Subdivision Map (Exhibit A) creating twenty (20) new parcels(Assessor's Parcel Number 122-0260-093); and

• A Special Development Permit to allow for lots less than two acres in size.

WHEREAS, a Negative Declaration was prepared for this project, was circulatedaccording to the requirements of the California Environmental Quality Act (CEQA), andwas adopted by the Planning Commission; and

WHEREAS, the Planning Commission approved the project without arequirement for dry sewer lines on April 11, 2002; and

WHEREAS, the CSD-1 appealed the Planning Commission's approval of theproject without dry sewer lines, and the City Council is the appropriate authority to hearand take action on this project subsequent to the appeal pursuant to §115-38 of theCity's Zoning Code; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ELK GROVEHEREBY RESOLVES AS FOLLOWS:

1. Approve the Tentative Subdivision Map for the Sleepy Hollow project, based onthe following findings and the attached conditions of approval (EXhibit B).

Finding: Section 66474 of the California Subdivision Map Act requires a City todeny approval of a tentative map if it makes any of the following findings:

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

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

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

development.

Page I of I

e. That the design of the subdivision or the proposed improvements are likely tocause substantial environmental damage or substantially and avoidably injurefish or wildlife or their habitat.

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

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

Evidence: The above Findings #a. through #g. do not apply to the proposedTentative Subdivision Map.

a. The proposed maps are consistent with the General Plan.b. The design of the improvements of the proposed subdivision is consistent

with the General Plan and design standards of the municipal code.c. The site is physically suitable and consistent with the type of development

permitted by the General Plan.d. The site is appropriate for the General Plan's specified density of

development.e. A Negative Declaration has been prepared for the Sleepy Hollow project.f. A Negative Declaration has been prepared for the Sleepy Hollow project.g. No contlict with easements acquired by the public at large, for access through

or use of, property within the proposed subdivision, have been identified.

2. Approve the Special Development Permit for the Sleepy Hollow project, based onthe following findings and the attached conditions of approval (Exhibit B).

Findings: The proposed special development permit will not cause a hazard ornuisance in the community at large or establish a use or developmentinconsistent with the goals, policies and objectives of the General Plan and willnot result in significant damage to environmentally sensitive or significantphysical features that may exist on the site.

Evidence: The proposed development will carry out and be consistent with theintent of the General Plan. The proposed development is of sufficient size and isdesigned so as to provide a desirable environment within its boundaries. Theproposed development is compatible with the existing and proposed land uses inthe surrounding area.

3. For the purpose of implementing policy LU-48 of the Land Use Element of theCity's General Plan, the Council finds that the intent of this policy is thatsubdivisions resulting in residential lots less than 2.0 net acres in size "shalleither connect to or provide for ultimate connection to the public sewer and watersystems."

of2

PASSED AND ADOPTED by the City Council of the City of Elk Grove on this .2-ttl

day of June 2002.

I'. I

ArrEST:

AYES:

NOES:ABSTAIN:ABSENT:

JACKSON, CITY CLERK

Leary, Cooper, Briggs, Soares,SchermanNoneNoneNone

APPRlj T FORM:

ANTHONY B. MANZANETfI,CITY ATTORNEY

of3

Exhibit A - Tentative Subdivision Ma

31

3.

9~~.' ~ ." U -- H t

!......... ..-...._-CrnW VG1P' I!f51' ID' f1J""U ."P"4.

r • T222iiI

a'&ili

~~.IWI""_

P"~R!I?

,',

T

TENTATIVE SUBDIVISION MAPILIIPY HOLLOW .-r I

MlCEl. "D" AS SttOIN .. PM 10CI1Y OF EUl GACM:. SACllAIlEHTO COUNIY. e.-urORNll\JNMJNrt. 2001 SCAlE,.r.,OO·

(..;e.'J'!.Pi t:.tj

of4

ExhibitB: FINAL Conditions of Approval / Mltlgaflon Monitoring and Reporllng Program1

Conditions of Approval I Mltlgaflon Measure

1. I The development approved by this action is for aTentative Subdivision Map for 20 single-familyresidential lots and other parcels and a SpecialDevelopment Permit as described in the PlanningCommission report and associated Exhibits andAttachments dated March 28. 2002. includingrepresentations made by the applicant during theMarch 28. 2002 Planning Commission meeting and theJune 5. 2002 City Council meeting. Pursuant to theSpecial Development Permit. each lot or parcel shallhave a minimum gross area of 80.000square feet.

2. I This action does not relieve the applicant of theobligation to comply with all ordinances. statutes.regulations. and procedures.

3. I The Tentative Subdivision Map approval is valid forthree years from the date of Planning Commissionapproval. unless an extension of time is subsequenttyapproved.

4. I The Applicant shall hold harmless the City. its CouncilMembers. its Planning Commission. officers. agents.employees. and representatives from liability for anyaward, damages. costs and fees incurred by the Cityand/or awarded to any plaintiff in an actionchallenging the validity of this permit or anyenvironmental or other documentation related toapproval of this permit. Applicant further agrees toprovide a defense for the City in any such action.

Sleepy Hollow Unit 2 (EG-Q1-126)June 5. 2002

nmlng/Implementation

On-Going

On-Going

Three years.commencing with the

date of PlanningCommissionapproval.

On-Going

Enforcement/Monitoring

Planning Division

Planning Division

Planning Division

Planning Division

Verification (dateand Signaturel

Page 1 of 28

Exhibit B: FINAL CondlHons ofApproval / MltlgaHon Monitoring and Reporting Program'

nmlng/ Enforcement/ Verification (dateConditions of Approval! MltIgaHon Measure Implementation Monitoring and Signature)

5. Concurrently with the recordation of the final map. FinalMap Water Resourcesdedicate Lot B to the City of Elk Grove. (WaterResources)

6. Concurrently with the recordation of the final map. FinalMap Water Resourcesreserve Lot A for the Sacramento County WaterAgency for a proposed detention basin. (WaterResources)

7. Concurrently with the recordation of the final map. FinalMap Water Supplydedicate easements for raw water mains and reservea 5O-footby 100-foot water well site located 1.000 feetfrom the Calvine Water Treatment Facility to thesatisfaction of the Sacramento County Water Agencyper Department of Health Services (DHS) standards.Generally. DHS requires a 200-foot separation betweenforced sewer mains and well sites and. a 100-footseparation between gravity sewer pipes and well sites.(Water Supply)

8. Concurrently with the recordation of the final map, FinalMap SMUDdedicate a 12.5-foot public utility easement forunderground facilities and appurtenances adjacent toall public ways. (SMUD)

9. Concurrently with the recordation of the final map. Final Map SMUDdedicate any private drive, ingress and egresseasement. or Irrevocable Offer of Dedication and 12.5feet adjacent thereto as a public utility easement forunderground facilities and appurtenances. (SMUD)

Sleepy Hollow Unit 2 (EG-Q1-126)JuneS, 2002

Page 20f 28

Exhibit 8: FINAL Conditions of Approval/Mitigation Monitoring and Reporlfng Program1

CondtHons of Approval! MtHgatlon Measure

10. I Public water shall be provided as follows:

a. Prior to the recordation of the final map. provide abond for the installation of separate water service toeach parcel.

b. Concurrently with the recordation of the final map.dedicate water easements to the satisfaction ofSacramento County Water Agency.

c. Prior to the issuance of building permits. provideseparate water service to each parcel. (WaterSupply)

11. I Public street improvements shall be provided asfollows:

a. Prior to the recordation of the final map. provide abond for the installation of public streetimprovements.

b. Concurrently with the recordation of the final map.dedicate right-of-way for the indicated streets.

c. Prior to the issuance of building permits. install publicstreet improvements pursuant to the Elk Grove CityImprovement Standards. including offsite streetimprovements to provide a minimum of 32 feet ofpavement within the existing 6O-foot 100connecting the project to Calvine Road. Note:Pavement width shall be 32 feet for the Class "C"section proposed. (LOSIR)



Final Map andPrior to the Issuanceof Building Permits



Water Supply

LDSIR

Verification (dateand Signature)

Page 3 of 28

ExhlbH 8: fiNAL Condlflons of Approval/Mitigation MonRoring and Reporting Program'

Conditions ofApproval! Miflaatlon Measure

12. I The final map shall either show parcels at a minimumof 2.0 net acres in size or provide dry sewer lines asfollows:

a. Prior to the recordation of the final map. provide abond for the installation of dry public sewercollector.

b. Concurrently with the recordation of the final map.the applicant shall enter into a "Deferred SewerInfrastructure Agreement" with the CSD-I .

c. Prior to the issuance of building permits. install drypublic sewer collector to the satisfaction of CSD-1.Each parcel must have a separate connection tothe future public sewer system. 8k GroveImprovement Standards apply to onsite sewerconstruction. (CSD-1)

d. When public sewer becomes available. SewerFacility Impact Fees will be required uponconnection to the public sewer system. Theapplicant should contact the Sewer Fee QuoteDesk for sewer impact fee information. (CSD-1)

13. I Drainage infrastructure shall be provided as follows:

a. Prior to the recordation of the final map. provide abond for the installation of drainage improvements.

b. Concurrently with the recordation of the final map.dedicate drainage easements.

c. Prior to the issuance of building permits. installdrainage facilities pursuant to the City of Elk GroveFloodplain Management Ordinance. Sacramento

Sleepy Hollow Unit 2 (EG-Q1-I26)June 5. 2002



Final Map andPrior to the Issuance

of Building Permit

Enforcement/MonHorina

CSD-l

Water Resources

Verification (dateand Sianature)

Page 4 of 28

Exhibit B: fiNALConditions of Approval / MlflgationMonitoring and Reporting Program!

nmlng/ Enforcement/ Verlflcallon (dateConditions of Approval I Mlflqatlon Measure Implementation Monitoring and Signature)

County Water Agency Code, and City of Ell< GroveImprovement Standards, including any fee requiredby the Sacramento County Water Agency Code.Improvements shall include channel improvementsto laguna Creel< Tributary No.1 so that the l00-yearfloodplain is contained within lot B (except lots 18,19, and 20) and there are no downstream orupstream impacts to the l00-year water surfaceelevations. (Water Resources)

14. Concurrently with the recordation of the final map, FinalMap lDSIRrecord a maintenance agreement involving all theparcels of the subject map that will utilize the privatestreet. assuring timely maintenance of the privatestreet. (lDSIR)

15. Concurrently with the recordation of the final map, FinalMap Transportation Divisionmatch the Corfu Drive centerline with the proposedstreet centerline to the west. (Transportation Division)

16. Concurrently with the recordation of the final map, Final Map Transportation Divisionmatch the Atlantis Drive centerline with the proposedstreet centerline to the west. (Transportation Division)

17. On the final map, provide a minimum turning radius of Final Map Fire Department38 feet inside and 55 feet outside for private road fromexisting 100. Driveways shall be a minimum of 16 feetwide and capable of supporting 65,000 gvw.Driveways longer than 150 feet shall have anapproved Fire Department turnaround. (EGCSD Fire)

Sleepy Hollow Unit 2 (EG-Q1-126)June 5, 2002

Page 5 of 28

Exhibit B: FINAL CondlHons of Approval / MlHgatlon Monitoring and Reporting Program'

Conditions of Approval I MlHaatlon Measure

18.I To mitigate for noise impacts, the final map and allimprovement plans shall show a 6O-foot residentialsetback line from the northeastern edge of theCalifornia Company Traction Company Railroadfrocks. Any future residential dwelling shall beconstructed outside of the 6O-foot setoock. This wouldmeet the General Plan exterior noise standard of 60dB ldn. Any non-residential accessory structures shallcomply with the setback requirements in the City'sZoning Code. (MM XI-l)

19. I An approved sewer study to the satisfaction of CSD-lwill be required prior to submittal to CSD-l ofimprovement plans. (CSD-l)

20. I Prior to the issuance of grading permits, the CaliforniaRegional Water Quality Control Board requires thefollowing:

a. A NPDES General Permit for Storm WaterDischarges Associated with Construction Activities,NPDES No. CASOOOOO2, Order No. 99-28-DWQ isrequired when a site involves clearing, grading,disturbances to the ground of at lease 5 acres oftotal land area. A Construction Activities StormWater General Permit must be obtained prior toconstruction. (CRWQCB)

b. Section 401 of the federal Clean Water Actrequired any project that impacts waters of theState (such as streams and wetlands) to file a 401

Sleepy Hollow Unit 2 (EG-o,- '26)June 5, 2002


FinalMap

Prior to Approval ofImprovement Plans

Prior to theIssuanceof

Grading Permits


Planning Division

CSD-l

California RegionalWater QualityControl Board

Verification (dateand Sianature)

Page 6 of 28

Exhibit 8: fiNAL Conditions of Approval/Mitigation Monitoring and Reporting Program1

Conditions of Approval! MItIgation Measure

Water Quality Certification application with theCRWQCB. The applicant must certify the projectwill not violate state water quality standards.Projects include, but are not limited to streamcrossings, modification of stream banks or streamcourses, and the filling or modification of wetlands.If a U.S. Army Corp of Engineers (ACOE) permit isrequired for the project. then Water QualityCertification must be obtained prior to initiation ofproject activities. The proponent must follow theACOE 404(b)(1) Guidance to assure approval oftheir 401 Water Quality Certification application.(CRWQCB)

c. The proponent may be required to file aDewatering Permit covered under WasteDischarge Requirements General Order forDewatering and Other low Threat Discharges toSurface Waters Permit, Order NO.5-00-175 (NPDESCAG995001) provided they do not containsignificant quantities of pollutants and are either (1)four months or less in duration. or (2) the averagedry weather discharge does not exceed 0.25mgd.(CRWQCB)

21. I Prior to issuance of grading permit, comply with.record. and pay fees for the Mitigation Monitoring andReporting Program (MMRP) associated with the SleepyHollow Tentative Subdivision Map (48 +/- acres). Untilthe MMRP has been recorded and the estimated

Sleepy Hollow Unit 2 (EG-QI-126)June 5.2002


Prior to IssuanceofGrading Permit


Planning Division


Page 70f28

Exhlbn8: fiNAL Conditions of Approval/Mitigation Monnorlng and Reporting Program!

Conditions of Approval I Mitigation Measure

MMRP fee of $1.500 has been paid. no final subdivisionmap for the subject property shall be approved andno grading. building. sewer connection. waterconnection. or occupancy permit from the City orCounty will be approved.

22. I Prior to issuance of grading permit or approval ofimprovement plans. or as specified in adoptedSwainson's hawk mitigation policies of programs ineffect at the time of request. the project proponentshall mitigate for potential impacts to Swainson's Hawkhabitat according to anyone of the followingmeasures:

• Preserve 0.75-acre of similar habitat for each acrelost (48.2 acres x 0.75= 36 acres). This land shouldbe protected through a fee title or conservationeasement acceptable to the CaliforniaDepartment of Fish and Game (CDFG) and proofof fee title or conservation easement shall besubmitted to the Planning Division; OR

• Prepare and implement a Swainson's hawkmitigation plan for loss of 48.2 acres of foraginghabitat to the satisfaction of the CalifomiaDepartment of Fish and Game that includes thepreservation of Swainson's hawk foraging habitatand submit copy of approved plan to thePlanning Division; OR

• Submit payment of a Swainson's hawk impact

Sleepy Hollow Unit 2 (EG-ol-126)June 5. 2002


Prior to Issuanceof aGrading Permitor

Approval ofImprovement Plans


Planning Division


Page 8 of 28

exhibit 8: FINAL CondtHons of Approval! MtHgatlon Monitoring and Reporting Program1

CondtHons of Approval I MtHaaflon Measure

mitigation fee per acre impacted to the City of Ell'Grove Planning Division in the amount as set forthin Chapter 16.130 of the City of ElkGrove Code assuch may be amended from time to time and tothe extent that said Chapter remains in effect($27.382 = 36 acres x $750 per acre + $382administrative fee). (MM IV-12)

23. I For those wetland areas to be disturbed. the projectproponent shall provide in-kind wetland habitatcompensation prior to any site disturbance.

In-kind compensation may include a combination ofwetland enhancement. creation. and/or participationin an approved wetland mitigation bank. Typically.compensation rates require at least 2 acres ofmitigation wetland vegetation with native wetlandspecies for each acre of wetland that is impacted(Note: mitigation compensatory ratios will bedetermined during the Section 404 permit process withthe US Army Corps of Engineers. and will depend onthe amount. type. and quality of the wetland habitatthat is impacted). For vemal pools see additionalmitigation requirements listed below under "VemalPool Fairyand Tadpole Shrimp Habitat", (MM IV-16)

24. I Prior to any site disturbance. the project proponentshall initiate informal consultation with USFWS todetermine whether or not potential giant garter snakehabitat exists on-site. This may include retaining aqualified herpetologist who is acceptable to the

Sleepy Hollow Unit 2 (EG-o1-126)June 5, 2002

nmlng!Implementation

Prior to Any SiteDisturbance. Issuanceof a Grading Permit. or

Approval ofImprovement Plan,

Whichever Occurs First

Prior to any SiteDisturbance. Issuanceof Grading Permit.or


Enforcement!Monltorlna

Planning Division andUS Army Corps of

Engineers

Monitoring by QualifiedHerpetologist reporting

to Planning Division.CDFG,and USFWS.

Verllcatlon (dateand Sianature)

Page 9 of 28

Exhibit B: FINAL CondHions of Approval / MHigation MonHoring and Reporting Program1

Conditions of Approval I Mitigation Measurenmlng/

ImplementationEnforcement/

MonitoringVellication (date

and Sianature)

USFWS regarding giant garter snake habitat I Whichever Occurs Firstevaluation, to evaluate the potential suitability forhabitats at the site to support giant garter snake usingUSFWS habitat parameters for the species. If it isdetermined that the site does not support suitablehabitat, no further mitigation is needed. The projectapplicant shall provide the City with proof of theconsultation before construction activities may begin.If it is concluded that the site does in fact supportsuitable habitat for the species, Measure IV-2 will alsoneed to be implemented. (MM IV-1)

25. I If it is determined that potential giant garter snakehabitat exists on-site. the project applicant shallconduct a survey utilizing approved USFWS and/orCDFG protocol to determine whether any giant gartersnakes exist on-site. If the surveys do not reveal thepresence of giant garter snake at the site and theUSFWS concurs with the negative finding (Le., site doesnot support giant garter snake). no further mitigation isrequired. The project applicant shall provide the Citywith proof of the consultation before constructionactivities may begin.

If the giant garter snake is found to occur onsite; or ifUSFWS does not concur with a negative finding; or ifthe project proponent elects to assume the snake ispresent, the project proponent shall conference withthe USFWS and the DFG prior to any site disturbance toconfirm impacts on the giant garter snake and its

Sleepy Hollow Unit 2 (EG-Q1-126)June 5,2002

Prior to any SiteDisturbance, Issuanceof Grading Permit, or



Monitoring by QualifiedHerpetologist reporting

to Planning Division.CDFG, and USFWS.

Page 10of 28

Exhlb" 8: FINAL Conditions of Approval! Mmgatfon MonRoring and Reporting Program1

Condmons of Approval I Mmgatfon Measure

habitat and finalize mitigation measures. The projectproponent shall also implement MM IV·3 through MMIV·7. or as directed by USFWS and CDFG. The projectapplicant shall provide the City with proof of theconsultation before construction activities may begin.(MM IV-3)

26. I If it is determined that the site supports giant gartersnake. within 30 days prior to commencement ofconstruction activities. a pre-construction survey ofland within 200 feet of all wetlands. channels. ponds.and other such waterways within the project areashall be conducted by a qualified biologist retainedby the City and funded by the project applicant whois approved by the Service's Sacramento Fish andWildlife Office. In order to protect snakes. de-wateringof areas within the site shall not occur prior tocompletion of the pre-construction surveys. Thebiologist will provide the Service with a field reportform documenting the monitoring efforts within 24hours of commencement of construction activities.The monitoring biologist shall be retained by the Cityand funded by the project applicant to routinelymonitor construction activities. If a snake isencountered during construction activities. themonitoring biologist shall contact the City CommunityDevelopment Department. Planning Division and willhave the authority to stop construction activities untilappropriate corrective measures have beencompleted or it is determined that the snake will notbe harmed. Giant aarter snakes encountered durina

Sleepy Hollow Unit 2 rEG-Q1-126)June 5. 2002

nmlng!Implementatfon

30 Days Prior toGrading and

Commencement ofConstruction Activities

Enforcement!MonRoring

USFWS and City of ElkGrove Community

DevelopmentDepartment. Planning

Division.

Verification (dateand SIgnature)

Page 11 of 28

exhibit B: FINAL Conditions of Approval / MltIgaiionMonitoring and Reporting Program'

Conditions of Approval! MltIgalion Measure

construction activities should be allowed to moveaway from construction activities on their own.Capture and relocation of trapped or injuredindividuals can only be attempted by personnel orindividuals with current Service recovery permitspursuant to Section lOla) 1(A) of the Act. The biologistshall be required to report any incidental take to theService immediately by telephone at (916) 979-2725and by written letter addressed to the Chief.Endangered Species Division. within one worl<ing day.The project area shall be re-inspected whenever alapse in construction activities of two weeks or greaterhas occurred. (MM IV-3)

27. I If a giant garter snake is identified within the projectarea either during pre-construction surveys or duringconstruction. the following shall occur:

1. TheCity of Elk Grove shall be notified;2. TheCity shall suspend all construction activities:3. The project applicant shall consult with the

USFWS and CDFG to determine appropriatemitigation for the species and habitat loss; and.

4. Theproject applicant shall provide the Citywith proof of the consultation beforeconstruction activities may resume. (MM IV-4)

28. I If it is determined that the site supports giant gartersnake. no grading or other construction activities shallbe conducted from October 1 to April 30. which is theinactive period of the giant garter snake. More

Sleepy Hollow Unit 2 (EG-D1-126)June 5. 2002


Prior to and DuringConstruction Activities

Prior to Grading andDuring Construction

Activities




Division

City of Bk GroveCommunity



Page 120f28

ExhibitB: FINAL Conditions of Approval / MltIgaflon Monitoring and R.portlng Program1

Conditions of Approval I Mltlgaflon Measure

danger isposed to snakes during their inactive period,because they are occupying underground burrows orcrevices and are more susceptible to direct effects,especially during excavation. A "no grading" periodfrom October 1 to April 30 will apply to portions of theproject area located within 1,000 feet of ditches,canals. ponds. wetlands or other such areas. (MM IV5)

29. I If it is determined that the site supports giant gartersnake, dewatering of ponds. ditches. canals andother such areas may begin any time after November1, but no later than April 1 of the following year. Oncethe absence of the species is determined orimplementation of Mitigation Measure IV·" has beencompleted. All water must be removed by April 15,oras soon thereafter as weather permits. and the habitatmust remain dry without any standing water for 15consecutive days after April 15 and prior toexcavating or filling the dewatered habitat. (MM IV-6)

30. I If it is determined that the site supports giant gartersnake, construction personnel shall participate in aService-approved worker environmental awarenessprogram. Under this program, workers shall beinformed about the presence of giant garter snakesand habitat associated with the species and thatunlawful take of the animal or destruction of its habitatisa violation of the Act. Priorto construction activities.a qualified biologist approved by the Service shallinstruct all construction personnel about: (1) the life


nmlng/Impl.m.ntaflon

Prior to and DuringConstruction Activities

Priorto Grading andConstruction


Division.

City of Elk GroveCommunity

DevelopmentDepartment, Planning

Divisionand CDFG



Division.

V.rlftcaflon (dat.and Signature)

Page 13of 28

ExhibitB: FINAL Conclflons of Approval/Mitigation Monitoring and Reporting Program1

Conditions of Approval! Mitigation Measure

historyof the giant garter snake: (2) the importance ofirrigation canals. marshes/wetlands. and seasonallyflooded areas. such as rice fields. to the giant gartersnake; and (3) the terms and conditions of thebiological opinion. Proof of this instruction shall besubmitted to the City Planning Division and theSacramento USFWS Office. (MM IV-7)

31. I Prior to site disturbance. the project proponent shallretain a qualified botanist approved by the City toconduct appropriately timed focused surveys forspecial-status plant species to determine thepresence or absence of the following species on theproject site. Identification periods for the specialstatus plant species are as follows: March-May forDwarf downingia (Downingia pusilla) and Pincushionnavarretia (Navatretia myersii); July-September forFour-angled spikerush (Eleocharis quadrangulata);April-June for Bogg's Lake hedge hyssop (Gratio/aheterosepa/a); August-September for Rose mallow(Hibiscus lasiocarpus): May-June for Delta tule pea(Lathyrus jepsonii var. jepsonii); Legenere (Legenerelimosa). and Sacramento orcutt grass (OrcuHiaviscida). Apnl-May for Ahart's dwarf rush (Juncusleiospermus var.ahartii); May-July for Slender orcuttgrass (Orcuttia tenuis) and May-August for Sanford'sarrowhead (SagiHaria sanfordii). If no special-statusplants are located onsite during surveys this impactshall be considered less than significant and no furtheraction would be required.

Sleepy Hollow Unit 2 (EG-QI-126)June 5. 2002


Prior to any SiteDisturbance. Issuanceof Grading Permit.or

Approval ofImprovement Plan.



Monitoring by qualifiedbiologist reporting to

Planning Division/CDFGand USFWS.

Verfftcatlon (dateand Signature)

Page 140f28

Exhibit8: FINAL Conditions of Approval / Mlflgation Monitoring and Reporllng Program1

Condlttons of Approval! Mlttgatlon Measure

If the surveys identify the presence of special-statusplant species. the project shallbe redesigned to avoidthe plant population. including the provision ofadequate buffers. If avoidance is deemed infeasible.other mitigation options shall be utilized. These mayinclude. but are not limited to. off-site preservation ofexisting populations. payment of mitigation credits.seed and soil collection -or plant transplant. Theproject proponent shall submit a mitigation programto the City Planning Division for impacted specialstatus plant species that has been reviewed andapproved the appropriate govemmental agencies(e.g.. U.S. Fish and Wildlife Service. CaliforniaDepartment of Fish and Game). The projectproponent shall provide verification to the CityPlanning Division that the the necessary regulatorypermits have been obtained (e.g.. FederalEndangered Species Act. California EndangeredSpecies Act. Clean Water Act) prior tocommencement of development activities. (MM IV-8)

32. I No earlier than 45 days and no later than 20 days priorto the commencement of any construction thatwould occur during the nesting/breeding season(February 1 through September 1). a field survey shallbe conducted by a qualified biologist to determine ifactive nests of special-status birds such as white-tailedkite. Swainson's hawk. loggerhead shrike. andtricolored blackbird. or common bird speciesprotected by the Migratory Bird Treaty Act and/or theCalifomia Fish and Game Code occur on the site.



No Earlier than 45 daysand No Later than 20

Days toGrading/Clearing.


Monitoring by qualifiedbiologist reporting toPlanning Division and

CDFG.


Page 15of 28

ExhlbH B: FINAL Conditions of Approval/Mitigation MonHoring and Reporting Program1

33.

34.

Conditions of ApProval I Mitigation Measure

These surveys shall include all areas in or within 250feet of the construction zone. In addition. nestingsurveys for Swainson's hawks shall include all areas inor within 0.5 mile of the construction site in order toascertain the specific tong-term mitigationreplacement ratios for loss of foraging habitatdiscussed below under mitigation measure IV·12. Ifthe survey identifies a Swainson's hawk nest within 0.5mile of the project site or a white-tailed kite nest onthe project site. the project proponent shall conferwith CDFG to determine whether a buffer zone shouldbe established or whether construction monitoring willbe needed to ensure that construction activities donot disturb nesting Swainson's hawks or white-tailedkites. (MM IV-9)

In accordance with CDFG mitigation guidelines forSwainson's hawks. if active Swainson's hawk nests arefound within 0.5 mile of the construction site. clearingand construction shall be postponed or halted, at thediscretion of the biological monitor. until the nest isvacated and juveniles have fledged. as determinedby the biologist. and there is no evidence of a secondattempt at nesting. If a nest tree is found on theproject site prior to construction and will be removed.then appropriate permits from CDFG shall beobtained pursuant to CDFGGuidelines. (MM IV-IO)

Pursuant to the Migratory Bird Treaty Act and theCalifornia Fish and Game Code. if active songbirdnests are found within the survey area. clearing and


Prior to any SiteDisturbance, Issuanceof Grading Permit. or

Approval ofImprovement Plan.

Whichever Occurs Firstand During

Construction Activities(Including Clearing and

Grading)

Prior to any SiteDisturbance. Issuanceof Grading Permit. or

Enforcement/Monltorlna


CDFG.




Page 16 of 28

exhibit 8: FINAL Conditions of Approval/Mitigation Monitoring and Reporting Program1


construction within a minimum 100 feet. or asdetermined by a qualified biologist to ensuredisturbance to the nest will be minimized shall bepostponed or halted. Construction will not resumewithin the buffer until the nest isvacated and juvenileshave fledged, as determined by the biologist. andthere is no evidence of a second attempt at nesting.The perimeter of the protected area shall beindicated by bright orange temporary fencing. Noconstruction activities or personnel shall enter theprotected area, except with approval of the biologist.(MMIV-ll)

35. I Prior to any site disturbance, conduct protocol surveysfor vemal pool fairy and tadpole shrimp. Todeterminewhether or not vemal pool fairy or tadpole shrimpoccur at the site the project proponent shall hire aqualified and permitted biologist to conduct surveysfor these species according to U.S. Fish and WildlifeService survey protocol. If surveys conclude that thespecies are not present at the project site no furthermeasures are required. As an option to conductingthese surveys the project proponent may elect toconsider all suitable habitat on site (Le., vemal pools)as occupied by the species. (MM IV-l 3)

36. I If the species are found to occur at the project site orif the project proponent elects to assume all suitablehabitat is occupied by the species, the projectproponent shall implement the following prior to anysite disturbance: obtain and comply with Section 404




Whichever Occurs Firstand During

Construction Activities(InclUding Clearing and

Grading)

Prior to any SiteDisturbance. Issuanceof Grading Permit. or



Prior to any SiteDisturbance. Issuanceof Grading Permit,or



CDFG.

Monitoring by qualifiedand permitted biologistreporting to PlanningDivision/CDFG, and

USFWS.

Monitoring by qualifiedand permitted biologistreporting to PlanningDivision, CDFG, and

USFWS.

Verification (dateand Slgngture)

Page 17 of 28

exhibit B: FINAL CondlHons of Approval I Mitigation Monitoring and Reporting Program1

CondlHons of Approval/ MlflgaHon Measurenmlngl

ImplementationEnforcementl

MonitoringVerficaHon(date

and Signature)

Clean Water Act permit or incidental take permit I Whichever Occurs Arst(Section 10 of federal Endangered Species Act)requirements regarding both direct and indirectimpacts to the species. Mitigating impacts to thesespecies to less-than-significant levels shall. at aminimum, require the following:

1. Preservation on- or off-site of suitable occupiedhabitat at a ratio of 2 acres for every one acreimpacted (2:1 preservation ratio); and

2. Creation on- or off-site of suitable potentialhabitat at a ratio of 1 acre for every one acreimpacted (1:1 creation ratio). (MM IV-14)

37. Prior to site disturbance and during constructionactivities (including clearing, grubbing, grading, andproject construction), the project proponent shallundertake the following actions to protect wetlands tobe retained:

• Install temporary (orange mesh) fencing aroundbiological resources to be retained (includingwetlands);

• Restrict access into wetland habitats such ascreeks and other waterways by demarcating andfencing narrow access points within 50 feet of thewetlands. Require the contractor to stay withindesignated areas. Restrict construction activitiesin and near wetlands to the dry season (May toOctober) when water isabsent and/or water flowsare low;

Prior to SiteDisturbanceand During

Construction Activities(Including Clearing,Grubbing, Grading,

and ProjectConstruction)

Planning Division


Page 18 of 28

ExhlbR B: FINAL Condmons of Approval / MmgaHon Monitoring and Reporting Program1

Conditions ofApproval! MmgaHon Measure

• Install erosion control structures (e.g.• hay bales.sediment fencing. straw wattles) and sedimentcontrol structures (e.g. settling basins) using BestManagement Practices as necessary to controlerosion and sedimentation (Le.• indirect effects) inwetland habitats to be retained. Require thecontractor to prepare and implement aStormwater Pollution Prevention Plan (SWPPP).(MM IV-15)

38. I Prior to any site disturbance and during constructionactivities (including clearing. grubbing. grading. andproject construction). the project proponent shaHimplement the following:

• Install protective fencing (example: 6 foot highorange mesh fencing on T-posts) around protectedtrees to be retained. Minimize work within thedripline of the protected trees to be retained to thefullest extent practicable. A tree dripline is definedby the City of Bk Grove as the area identified byextending a vertical fine from the outermost portionof the limb canopy to the ground with its axisparallel to the ground. Actionsto be avoided withintree driplines include placing fill materials. storingequipment or materials. partdng constructionvehicles. paving. watering. grading. or soilcompaction. If trenching is required within theprotected tree dripline. tunnels should be madebelow major roots. If tunnels are impractical. androot cutting is required. such cutting shouldbe done

Sleepy Hollow Unit 2 (EG-O1-126)June 5. 2002


Prior to SiteDisturbanceand During

Construction Activities(Including Clearing.Grubbing. Grading.

and ProjectConstruction)


Planning Division andthe Country Tree

Coordinator

Verlflcatlon (dateand Sianature)

Page 19of 28

Exhibit8: FINAL Concltlons of Approval! Mltigaflon Monitoring and Reporting Program1

Conditions of Approvgll Mltiggtlon Measure

with handsaws after hand-digging trenches. Cutroots shall be treated with pruning compound toprevent infection and covered with earth as soonasfeasible.

• Mitigate for potential impacts to the 37.5-inchdiameter valley oak tree consistent with the CityTree Preservation and Protection Ordinance.Mitigation may include constructing a retaining walloutside the dripline of the tree in order to controlrunoff from collecting within the depressed areaand/or the useof aeration tubing to the root systemof the tree. (MM IV-17)

39. I If any prehistoric or historic artifacts, or otherindications of archaeological or cultural resources arefound once the project construction is underway, allwort in the immediate vicinity must stop and the Cityshall be immediately notified. An archaeologistmeeting the Secretary of the Interior's ProfessionalQualifications Standards in prehistoric or historicalarchaeology, as appropriate, shall be retained toevaluate the finds and recommend appropriatemitigation measures. (MM V-l)

40. I If human remains are discovered, all work must stop inthe immediate vicinity of the find, and the CountyCoroner must be notified, according to Section 7050.5of Califomia's Health and Safety Code. If the remainsare Native American, the coroner will notify the NativeAmerican Heritage Commission. which in tum willinform a most likely descendant. The descendant will


nmlng!ImDlementgtlon

During ConstructionActivities

During ConstructionActivities

Enforcement!Monitoring

Planning Division

Planning Division

Vertflcaflon (dateand Signature)

Page 20 of 28

exhibit B: FINAL Conditions of Approval/Mitigation Monitoring and Reporting Program1

Condlflons of Approval! Miflaation Measure

then recommend to the landowner appropriatedisposition of the remains and any grave goods. (MMV-2)

41. I Prior to approval of improvement plans, provide waterfor use during grading and construction beforeabandoning any existing agricultural wells. (WaterSupply)

42. I Prior to issuance of building permits, destroy allabandoned wells on the proposed project site inaccordance with the requirements of the SacramentoCounty Environmental Health Division. Clearly show allabandoned/destroyed wells on the improvementplans for the project. (Water Supply)

43. I Prior to approval of improvement plans, asupplemental drainage fee, in addition to feesidentified in Sacramento County Water Agency Code,shall be paid. The fee shall be equal to thesupplemental fee numerated in the Vineyard SpringComprehensive Plan Financing Plan. (WaterResources)

44. I Prior to the recordation of the final map, percolationtesting for septic system design is required forsubdivision (5 lots or more) per Sacramento CountyCode 6.32.130 - Rules and Regulations Re: MinimumRequirements for the Design and Installation ofIndividual Sewage Disposal Systems. (Environmental

Sleepy Hollow Unit 2 (EG-oI-126)June 5,2002



Prior to Issuance ofBuilding Permits


Priorto theRecordation ofthe FinalMap


Water Supply

Water Supply

Water Resources

EnvironmentalManagementDepartment


Page 21 of 28

Exhibit B: FINAL Conditions of Approval/Mitigation Monitoring and Reporting Program1


Management Department)

45. I Priorto the issuance of building permits. construction ofthe private street shall be a standard or 3 inches ofasphaltic concrete over a minimum of 6 inchesaggregate base to a 2O-foot section width, includingadequate turnaround facilities at the end of the road.Secure approval of a civil-engineered siteimprovement plan from the LDSIR Section of the PublicWorks Department for construction of the private road.The private road shall be capable of supporting 65,000GVW. (Public Works and EGCSD Fire)

46. I Prior to approval of improvement plans, a ConditionalLetter of Map Revision must be approved by FEMAand petitioned pursuant to the Sacramento CountyFloodplain Management Ordinance. and the EllcGrove Improvement Standards. (Water Resources)

47. I Prior to issuance of a building permit. the Elk GroveCommunity Services District Fire Department requiresthe following:

a. Provide a fire flow from a public water systemcapable of delivering as a minimum 1,000 gpm at20 psi residual pressure.

b. Space hydrants a maximum of 500 feet apart.Buildings of certain types of construction, size anduse may need additional fire flow or the applicationof mitigating efforts to meet fire flows above this



Priorto theIssuance of

Building Permits


Priorto the Issuance ofBuilding Permit


Public Works andEGCSD Fire

Water Resources

EGCSD FireDepartment


Page 22 of 28

Exhibit B: fiNAL Conditions of Approval I Mnlgatfon Monitoring and Reporting Program1

Condnlons of Approval I Mmgatfon Measure

minimum.

c. Provide fire flow per Appendix III-A of the 1998California Fire Code. Fire flow may be providedthrough several methods. including a public watersystem, installation of full automatic fire protectionsprinklersystem.or installation of an approved waterstorage tank. All of these options must be incompliance with Sacramento County Fire MarshalsAssociation Standard No. 11.

d. Comply with the standards of the Elk GroveCommunity Services District Fire Department andthe water purveyor having jurisdiction for theinstallation of on-site or off-site fire protectionequipment. including fire hydrants and water mains.

e. Comply with the standards outlined by the Elk GroveCommunity Services District Fire Department for theinstallation of addresses and landscaping.

f. Obtain a permit release letter from the Elk GroveCommunity Services District Fire Department.Permits and/or fees are required for the followingreviews: civil plans. architectural plans. fire sprinklerplans and fire alarm plans. Additional permits andfees may apply depending upon the scope of theproject.

g. Provide at least 10 feet of greenbelt or otherdefensible space between noncombustible fencesand creek/wetland areas.

Sleepy Hollow Unit 2 (EG-Q1-126)June 5.2002


EnforcementlMonitoring

Verification (dateand Signature>

Page 23 of 28

exhibit 8: FINAL Conditions of Approval! Mitigation Monitoring and Reporting Program!

nmlng! Enforcement! Verification (dateConditions of Approval! Mitigation Measure Implementation Monitoring and Signature)

(EGCSD Fire)

48. Prior to issuance of a building permit, all required Prior to the Issuance of EGCSD Fireroadways. water mains. fire hydrants and fire flow shall Building Permit Departmentbe provided. The roadways shall be constructed to a2O-foot minimum width with a minimum of 3 inches ofAC over 6 inches of ABand shall have good drainage.(Fire Department)

49. Prior to issuance of a building permit. the project Priorto the Issuance of Water Supplydeveloper/owner shall pay Zone 40 development fees Building Permitapplicable at the time of building permit issuance inaccordance with Sacramento County Water AgencyOrdinance No. 18. (Water Supply)

SO. Prior to issuance of a building permit. the project shall Priorto the Issuance of Water Supplyconform to the specific provisions of the Sacramento Building PermitCounty landscape Water Conservation Ordinance(Chapter 14.10 of the Sacramento County Code) tothe satisfaction of the County landscape/Oalc TreeCoordinator. (Water Supply)

51. Prior to final inspection. provide street lighting as Priorto Final Inspection LDSIRrequired by the 81< Grove City Code. Street lightingshall conform to all City improvement standards. andnecessary easements shall be granted toaccommodate those standards. (LDSIR)

52. Prior to final inspection for those lots adjacent to Lot A. Priorto Final Inspection EGCSD FireLot B. or the CCTCRR tracks. if fencing isinstalled it shall

Sleepy Hollow Unit 2 (EG-ol-126)June 5. 2002

Page 24 of 28

Exhibit I: fiNAL Conditions of Approval/Mitigation MonHoring and Reporting Program1

nmlng/ Enforcement/ Verification (dateConditions of Approval! Mitigation Measure ImDlementation MonHoring and Sianature)

be limited to non-combustible, open fencing (Le.wrought iron, etc.) to all parcels along Laguna CreekTributary # 1, along the detention pond. and along theCentral California Traction Company Railroad tracks.(EGCSD Fire)

53. Prior to the sale of each lot to individual buyers, Prior to the Sale Planning Divisionnotification shall be provided regarding the potential of Each Lot touse of the Central California Traction Company Individual BuyersRailroad as a Transportation Corridor. (PlanningDivision)

Sleepy Hollow Unit 2 (EG-oI-126)June5,2002

Page 25 of 28

FINAL Conditions of Approval/Mitigation Monitoring and R porting Program

Pursuant to Section 21081.6 of the Public Resources Code and Chapter 20.02 of theCity of Elk Grove Code. a Mitigation Monitoring and Reporting Program. City ControlNumber EG-Q1-126. has been established for the project entitled "Sleepy Hollow Unit2 Tentative Subdivision Map".

The purpose of this program is to assure diligent and good faith compliance with theMitigation Measures which have been recommended in the environmentaldocument. and adopted as part of the project or made conditions of projectapproval. in order to avoid or mitigate potentially significant effects on theenvironment.

It shall be the responsibility of the project applicant to provide written notification tothe Environmental Coordinator. in a timely manner. of the completion of eachMitigation Measure as identified on the preceding pages. The City of Elk GrovePlanning Department will verify. within ten (10) business days of notification. that theproject is in compliance. Any non-compliance will be reported to the projectapplicant. and it shall be the project applicant's responsibility to rectify the situationby bringing the project into compliance and re-notifying the EnvironmentalCoordinator. Any indication that the project is proceeding without good-faithcompliance could result in the imposition of administrative. civil and/or criminalpenalties upon the project applicant in accordance with Chapter 20.02of the City ofElk Grove Code.

It shall be the responsibility of the project applicant to reimburse the City for allexpenses incurred in the implementation of the Mitigation Monitoring and ReportingProgram, including any necessary enforcement actions. The initial estimate of Citymonitoring costs for this project is $1,500 which must be paid to the City of Elk GrovePlanning Department. If actual City monitoring costs are less than the initial estimate.the difference will be refunded to the applicant; and if the actual City monitoringcosts exceed the initial estimate, a revised estimate and/or supplemental biU(s) willbe submitted to the applicant.

Pursuant to Section 20.02.060 of the City of Elk Grove Code. upon the determinationof the Environmental Coordinator that compliance with the terms of the approvedMitigation Monitoring and Reporting Program has been achieved. and that there hasbeen full payment of all fees for the project. the Environmental Coordinator shall issueand the City Clerk shall record a Program Completion Certificate for the project.

In order to record the adopted Mitigation Monitoring and Reporting Program with theCounty Recorder as required by Section 20.02.050(b) (2) of the City of Elk GroveCode. the project applicant shall provide to the City of Elk Grove PlanningDepartment a Legal Description for the real property that is the subject of theproject.

The requirements of this adopted Program run with the real property that is thesubject of the project. as described in Exhibit A. Successive owners. heirsand assignsof this real property are bound to comply with all of the requirements of the adoptedProgram.

Prior to any lease. sale. transfer or conveyance of any portion of the real propertythat is the subject of the project. the record owner(s) at the time of the applicationfor the project. or his or her successor's in interest. shall provide a copy of the

Sleepy Hollow Unit 2 (EG-QI-126)June 5.2002

Page 26 of 28

FINAL Conditions ofApproval/Mitigation Monitoring and R porting Program

adopted Program to the prospective lessee. buyer. transferee, or one to whom theconveyance ismade.

Chapter 20.02 of the City of Elk Grove Code permits civil remedies and criminalpenalties to be imposed in the event of non-compliance with an adopted MitigationMonitoring and Reporting Program. The civil remedies. which are found in Section20.02.090 of the City of Elk Grove Code. include injunctive relief. stop work orders.revocation of any special permit granted concurrently with the approval of aProgram, and the abatement of any resulting nuisance. Thecriminal penalties, whichare found in Section 20.02.080 of the City of Elk Grove Code. include a fine not toexceed five hundred dollars or imprisonment in the County jail not to exceed sixmonths, or both.

Sleepy Hollow Unit 2 (EG-01-126)June 5,2002

Page 27 of 28

fiNAL Conditions of Approval/Mitigation Monitoring and R porting Program

Exhibit A

T '.L ....] r

~.CIt ....... ,. .....

p"IP"I!!!

~:m....

Sleepy Hollow Unit 2 (EG-Ol-126)June 5.2002

II

Page 28 of 28

RESOLUTION NO. 2002·93 - elkgrovecity.org

Documents

Transcript of RESOLUTION NO. 2002·93 - elkgrovecity.org