PROPERTY OWNER/APPLICANT: Emerald Park Estates, LLC Mike Motroni (Representative) 2428 Professional Drive #200 Roseville, CA 95661 Staff Recommendation Planning Commission Staff Report August 18, 2016 PROJECT: Vacation of a Portion of Emerald Park Drive for the Emerald Park Estates Project (EG-15-005) REQUEST: Finding of Consistency with the General Plan LOCATION: 9815 Emerald Park Dive APN: 134-0570-060 STAFF: Darren Wilson, P.E., Development Services Director Ray Manger, Development Services Staff recommends the Planning Commission adopt a Resolution finding the Vacation of a portion of Emerald Park Drive for proposed Subdivision No. 15-005, Emerald Park Estates to be consistent with the City s General Plan. Background The City of Elk Grove approved a tentative map for the Emerald Park Estates, Project No. EG-15-005 on September 17, 2015. As shown on the approved tentative map a variable width strip of right of-way along the east side of Emerald Park Drive was cross-hatched with a note that this portion of Emerald Park Drive was to be abandoned so as to make the new right-of-way coincide with the back of the sidewalk. The intent to abandon this portion of the right-of-way was not mentioned in the Application nor was it addressed in the City Staff Report or Resolution as part of the approval process. Therefore, there was no noticing of the intended abandonment nor was a finding made that the abandonment was consistent with the General Plan consistent with Section 65402(a) of the Government Code. Therefore the Applicant is submitting a formal vacation application and is required to have a 65402 hearing as part of that process. State law (Government Code Section 65402(a)) requires the City planning agency (Planning Commission) to review vacations for conformity with the General Plan and renders a report. The attached resolution shall serve as that report. Because the Planning Commission s review is for consistency, the proposed vacation s legal description and plat is attached hereto as Attachment 1 Exhibits. Analysis Staff finds that the proposed vacation is consistent with the goals and policies of the City s General Plan. The west side of Emerald Park Drive right of-way falls at the back of the sidewalk and the street right-of-way would be consistent with the street section to the south of this location. There are five (5) proposed lots that will front on Emerald Park Drive and the front yard will slope down to the back of the sidewalk. The current right-of-way will fall within that proposed slope. By vacating the right-of-way to the back of the sidewalk, which is consistent with the City of Elk Grove Improvement Standards Section 4-3, this will delineate the front yard maintenance responsibilities of the homeowners fronting Emerald Park Drive consistent with the RD-5 zoning.
Elk Grove Planning Commission August 18, 2016 Page 2 Environmental Analysis The California Environmental Quality Act (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 vacation is not a project under CEQA pursuant to the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) Title 14 of the California Code of Regulations, State CEQA Guidelines). There is no possibility that the proposed vacation will result in a physical change in the environment because the vacation would just move a line from a proposed slope to the back of the sidewalk. This change does not approve any development project nor does it either directly or indirectly disturb the physical environment. Therefore, no further environmental review is required. Summary The Planning Commission is required to render its report as to the conformity with the General Plan within forty (40) days after the matter is submitted to it. Staff recommends that the proposed vacation of a portion of Emerald Park Drive is consistent with the City s General Plan. Recommended Motion Should the Planning Commission agree with staff s recommendation, the following motion is suggested: I move that the Planning Commission adopt a Resolution of the City of Elk Grove Planning Commission finding the vacation a portion of Emerald Park Drive exempt from CEQA under CCR Section 15061(b)(3) and is consistent with the City of Elk Grove s General Plan. Attachments: 1. Planning Commission Resolution Exhibit A: Vacation Legal description and Plat
RESOLUTION NO. 2016- August 18, 2016 A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION FINDING THE ABANDONMENT OF A PORTION OF EMERALD PARK DRIVE IS CONSISTENT WITH THE CITY OF ELK GROVE GENERAL PLAN WHEREAS, the City of Elk Grove approved the Tentative Subdivision Map and Design Review for the Emerald Park Estates Project No. EG-15-005 on September 17, 2015; and WHEREAS, on the Tentative Subdivision Map, a portion Emerald Park Drive located on the east side in front of the project was delineated thereon to be abandoned but was not part of the original application; and WHEREAS, State law (Government Code Section 664402(a)) requires the City planning agency to review vacations for conformity and has determined that the proposed vacation is in conformance with the goals and policies of the General Plan and to file a report of such finding; and WHEREAS, this resolution will serve as the report; and WHEREAS, Planning Commission considered all of the information presented by staff and public testimony presented in writing and at the meeting prior to issuing its report in the form of this resolution; NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Elk Grove finds the vacation exempt from the California Environmental Quality Act (CEQA) based upon the following finding: Finding: The proposed vacation is not subject to CEQA because it is not a project, pursuant to the Section 15061(b)(3) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Evidence: The proposed vacation is not a project under CEQA pursuant to the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) Title 14 of the California Code of Regulations, State CEQA Guidelines). There is no possibility that the proposed vacation will result in a physical change in the environment because the vacation would just eliminate a line on a map. This change does not approve any development project nor does it either directly or indirectly disturb the physical environment. Therefore, no further environmental review is required. BE IT FURTHER RESOLVED that the Planning Commission finds that the proposed vacation is consistent with the City s General Plan based upon the following finding: Finding: The proposed vacation is consistent with the City of Elk Grove General Plan. Evidence: The vacation is consistent with the surrounding area in that the original project was deemed an in-fill project and the street right-of-way width on the west side of Emerald Park Drive is located at the back of the sidewalk and the street section on the south side will Page 1 of 2 Resolution No.
be identical to the street section located on the south side of the project. By locating the right-of-way line at the back of the walk it defines the responsibilities of the five (5) future lot owners once the final map is approved. The foregoing Resolution of the City of Elk Grove was passed and adopted by the Planning Commission on the 18 th day of August 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sandy Kyles, PLANNING SECRETARY Fedolia Sparky Harris, CHAIR of the PLANNING COMMISSION Page 2 of 2 Resolution No.