COUNTY OF SACRAMENTO CALIFORNIA

Transcription

1 COUNTY OF SACRAMENTO CALIFORNIA Control No.: PLNP Type: PMR TO: FROM: SUBJECT: SUBDIVISION REVIEW COMMITTEE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT ROCK CORRAL RANCH TENTATIVE PARCEL MAP CONTACT: Carol Gregory, Planner III, ; ASSESSOR S PARCEL NO.: PROJECT DESCRIPTION LOCATION: APPLICANT: The property is located at 9224 Cherry Avenue, on the south side of Cherry Avenue, approximately 330 feet east of Granite Avenue, in the Orangevale community. (Supervisor District 4: Roberta MacGlashan) OWNERS: Mark C. Weitemier 9224 Cherry Avenue Orangevale, CA Mark C., Joyce, and Mary Weitemier 9224 Cherry Avenue Orangevale, CA REQUEST: A Tentative Parcel Map to divide approximately 4.85 net acres into two (2) lots in the AR-2 (Agricultural-Residential) and Natural Streams (NS) combining zone. ENVIRONMENTAL DOCUMENT: NEGATIVE DECLARATION

2 Overview: The proposed project consists of a Tentative Parcel Map request to divide approximately 4.85 net acres into two (2) lots located at 9224 Cherry Avenue in the Orangevale community area. Summary of Significant Issues: No significant issues have been identified at the time of this writing. CPAC Recommendation: The Orangevale Community Planning Advisory Council (CPAC) met on March 4, 2008 and recommended APPROVAL (7-0) of the proposed project. Recommendations: Staff is recommending APPROVAL of the proposed project. I. Location Map 3 II. Project Analysis 4 III. Staff Recommendations 8 IV. Attachments 15 V. Exhibit 16 VI. CPAC Referral and Minutes 16 srplnp

3 I. LOCATION MAP srplnp

4 II. PROJECT ANALYSIS A. Adjacent Land Uses and Zoning: Existing Land Use Zoning and Community Plan Designations Subject Property Single-Family Residential AR-2 (NS) North Single-Family Residential (across AR-2 (NS) Cherry Avenue) South Single-Family Residential AR-2 East Single-Family Residential AR-2 West Single-Family Residential AR-2 (NS) B. History/Background: The project site does not have any prior entitlement approvals by the County of Sacramento. The project proposal was submitted to the Planning Department on December 20, C. Project Description: The applicant is requesting a Tentative Parcel Map to divide 4.85± net acres into two (2) lots in the AR-2 (NS) zone. The project site currently has an existing one-story, 4 bedroom, 3 bath home totaling 3,292± square feet with 528± square feet of garage area that was built in The site also has several small ancillary structures such as sheds and horse shelters. Linda Creek traverses the northwest corner of the project site adjacent to the existing single-family residence. The portion of the property located south of Linda Creek is separated into distinct fenced horse pastures. The existing single-family residence will remain on proposed Parcel A while proposed Parcel B will be located on the south side of Linda Creek where the horse pastures are located. Proposed Parcel A (2.00± gross acres, 1.92± net acres) will have a public street frontage from Cherry Avenue of 182± feet. Proposed Parcel B (3.00± gross acres, 2.93± net acres) will have a public street frontage from Cherry Avenue of 150± feet. Proposed Parcels A and B meet the minimum gross lot area (2 gross acres), lot width (150 feet), and public street frontage (150 feet) in the AR-2 zone. An exception had been included with the project request from Title (e) of the Sacramento County Land Development Ordinance to allow proposed Parcels A and B to exceed the 3:1 lot depth to width ratio. However, the applicant revised the tentative parcel map to where the exception was no longer needed. Due to the location of the Linda Creek watershed on the proposed project site, the subject parcel is also located within the Natural Streams (NS) combining zone. According to the applicant, no development will occur within the area of the project site designated as the NS zone. The NS zone is concentrated within the western srplnp

5 portion of the project site generally centered on the creek; thus there is sufficient area within proposed Parcel B for development of a single-family residence outside of the NS zone. At this time, the exact location of the single-family residence is unknown. As proposed, the project would not impact the NS zone. D. Consistency with General Plan and/or Community Plan: 1. General Plan: The request is consistent with the County General Plan Map Agricultural-Residential Designation and Text in that no policy conflicts have been identified. 2. Community Plan: The request is consistent with the Orangevale Community Plan Map and Text that designates the property as AR-2 (NS) in that no policy conflicts have been identified. E. Traffic/Access Issues: Existing access to the project site is via Cherry Avenue, which runs east-west along the northern property line. Vehicular access onto the project site is from Cherry Avenue to an existing semi-circular driveway, which provides access to the existing single-family residence on proposed Parcel A. Access to proposed Parcel B will be via an existing gravel driveway located approximately 90 feet west of the northeast corner of proposed Parcel B. No issues related to access have been identified at the time of this writing. The project proposes a parcel split which could increase the number of residences on the project site by one (1), to a total of two (2) single-family dwellings. Based on the Institute of Transportation Engineers generation factor of 9.57 average daily trips per single-family home, the proposed project could result in up to ten (10) new daily trips on the surrounding roadway. The proposed project is located on Cherry Avenue, which is equivalent to a residential type facility capable of carrying up to 4,500 average daily trips according to the Highway Capacity Manual. County staff estimated that Cherry Avenue, between Hazel Avenue and Mountain Avenue, carries approximately 575 daily trips based on existing single-family homes from aerial photos. The proposed project would add about ten (10) daily trips, and combined with existing conditions, would not cause any significant impact to surrounding roadways. F. Sewer Issues: The proposed project site is located within the County Urban Services Boundary and is within the active service area of a variety of public utility and service districts. However, public sewer service is not located within 200 feet of the property, and is therefore not currently served with municipal sewers. Any additional residential development on the proposed parcel will require a septic system for disposal of sewage. The subject property is currently being served by a septic tank located on proposed Parcel A. Any new septic systems that are srplnp

6 installed on the proposed parcel must be installed pursuant to Sacramento County Code Chapter 6.32, which is enforced by the Sacramento County Environmental Management Department (EMD). If build out occurs on proposed Parcel B, a septic system approved by EMD would be required for the on-site waste disposal facilities. If a septic system is installed and meets the County standards, no significant sewage disposal impacts would be expected from the proposed project. G. Drainage Issues: The proposed project site is located within the Linda Creek watershed and flood zone AE as designated by 1988 Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. The AE flood zone has been determined to be an area subject to flooding from an underlying or residual flooding source that will remain on the FIRM once the flood control system is restored. The proposed project was reviewed by Sacramento County Department of Water Resources (DWR) staff for issues related to flooding and drainage on the project site. Staff stated that minimum pad/floor elevations will be required on the project site pursuant to the Sacramento County Floodplain Management Ordinance. According to the Ordinance, minimum pad/floor elevations shall be 1.5 feet above the 100-year flood elevation. DWR staff also stated that the floodplain generally follows the area indicated on the map as the AE zone and that proposed Parcel B would have ample buildable area outside of the floodplain. In general, the floodplain elevation fluctuates from north to south on the project site. DWR staff also provided seven (7) recommended conditions of approval for the proposed project. With provisions made from DWR s recommended conditions of approval for appropriate easements and drainage facilities pursuant to the standards of Sacramento County, impacts related to drainage from the proposed project appear to be less than significant. H. Biological Resources Issues Native Trees: A certified arborist inspected the proposed project site and prepared an arborist report, which includes information on all native trees with a dbh (diameter at breast height) of 4 inches or greater and multi-trunk trees that have a cumulative trunk diameter of 10 inches or greater located on proposed Parcel B, directly overhanging proposed Parcel B, or are generally located in close proximity to proposed Parcel B. There are a total of 21 native trees within the surveyed area, made up of 16 valley oak trees (Quercus lobata), three (3) interior live oak trees (Quercus wislizenii), and two (2) Freemont cottonwoods (Populus freemontii). Of the native trees within the surveyed area, 14 valley oaks, two (2) interior live oaks, and two (2) cottonwoods have a dbh of 6 inches or greater or have a multi-trunk aggregate dbh of 10 inches or greater, which qualifies the trees for protection under the Sacramento County Tree Ordinance. Three (3) of the native valley oak trees are 19 inches dbh or greater, which qualifies them as heritage oak trees. It should be noted that additional oak trees are located on the proposed project site, along Linda Creek, but are located entirely within srplnp

7 proposed Parcel A, such that impacts from development on proposed Parcel B are not expected to impact these additional trees. As planned, the applicant is not requesting the removal of any native oak trees to accommodate construction on the proposed project site. Although not requested at this time, the removal of six (6) native oak trees may be necessitated by the required access improvements along Cherry Avenue. Cherry Avenue is shown at a half-width of 20 feet on the tentative parcel map (see Exhibit 1 - Tentative Parcel Map). Recommended conditions of approval from the Sacramento County Land Division and Site Improvement Review (LD&SIR) Section request right-of-way for Cherry Avenue based on a 60-foot standard, with a half width section of 30 feet, thus requiring a minimum of an additional 10 feet of right-of-way on the subject parcel. Within the existing and additional 10 feet of right-of-way there are six (6) oak trees (Tree #s ) that would require removal if full build-out of improvements were required. Compensatory mitigation is recommended for the six (6) native oak trees in the event that full improvements are required on Cherry Avenue which would require the removal or potential encroachment of these trees. Precise information regarding the location of a single-family residence, associated access driveway, and other improvements associated with the future residence on proposed Parcel B are not available at this time. However, all remaining on-site oak trees are dispersed throughout the proposed project site and given the size and extent of the proposed parcel, it appears that impacts to native oak trees can be avoided. Standard protective measures have been recommended to ensure proper treatment of the native valley oaks during all proposed project phases. These standard protective measures apply to all native oak trees on the site, including those located outside of the surveyed area. With mitigation, impacts to the native oak trees on-site due to the proposed project are considered less than significant. I. Biological Resource Issues Streams and Surface Waters: Linda Creek traverses the northwestern corner of the project site and is considered a jurisdictional waterway. The proposed project has the potential to cause impacts to the creek by the placement of impervious surfaces on site that impact source waters by introducing pollutants associated with residential uses, and by placing fill material in the creek during construction phases. As a map condition of approval, Sacramento County Department of Water Resources (DWR) will be requiring that a floodplain easement cover the area of 100 year flood inundation on the project site, which are the areas that correspond with the creek that fall below the 228 foot elevation. This easement will ensure that there is no direct construction within the creek or immediately adjacent to while also indirectly reducing pollutant impacts to the on-site creek and connected waterways by ensuring that residential development is located at a greater distance from the creek. srplnp

8 As planned, the proposed project will not have a direct impact on the creek. The portion of Linda Creek that traverses the site is located entirely within the boundaries of proposed Parcel A, which is already developed with a single-family residence. Because no conceptual building pad location is available at this time for proposed Parcel B, it is difficult to determine the extent of potential indirect impacts to the creek. However, given the size and floodplain easement constraints on proposed Parcel B in relation to the location of Linda Creek, it is possible to significantly decrease and avoid impacts to the creek. If proposed project plans change and there will be impacts to Linda Creek, the applicant or property owner must obtain any/all applicable permits from the U.S. Army Corps of Engineers, California Department of Fish and Game and the Central Valley Regional Water Quality Control Board for any modification to Linda Creek. Additionally, strict adherence to County Ordinances, including the Stormwater Ordinance, will be required to avoid direct and indirect impacts during construction and post-construction phases due to pollution of the drainage via sediment transport. As proposed, impacts to Linda Creek from the proposed project are considered less than significant. J. Cultural Resource Issues: A record search was performed at the North Central Information Center (NCIC) of the California Historical Records Information System to identify known cultural resources in the proposed project area. The NCIC noted that there was a high potential for identifying prehistoric cultural resources within the project site and a low-to-moderate potential for identifying historic period cultural resources within the project site. Sacramento County Department of Environmental Review and Assessment (DERA) requested that an archeological survey be performed on the proposed project site by PAR Environmental Services, Incorporated, which was completed on September 8, No prehistoric or historic period archaeological resources were recovered or noted during the survey. Although no additional cultural resources survey work is recommended at this time, there is a possibility of uncovering subsurface archaeological materials during the construction phases of the project. Mitigation has been included to ensure impacts from the proposed project to potentially sensitive cultural resources are considered less than significant. III. STAFF RECOMMENDATIONS The request is consistent with the County s General Plan, Orangevale Community Plan, and Zoning Code requirements for AR-2 lots. No traffic and access issues have been identified for the proposed project. For proposed Parcel B, if a septic system is installed and meets the County standards, no significant sewage disposal impacts would be expected from the proposed project. Compliance with the Sacramento County Department of Water Resources (DWR) standards along with County Ordinances for pollution and sediment control will ensure that impacts related to drainage and to Linda Creek from the proposed project are considered less than significant. With mitigation, srplnp

9 impacts to biological and cultural resources from the proposed project are considered less than significant. No community conflicts have been identified. For these reasons, staff recommends APPROVAL of this proposal. A. Recommended Actions: 1. Environmental Documentation: Determine that the environmental analysis is adequate and complete and that the NEGATIVE DECLARATION is appropriate. 2. Tentative Parcel Map: APPROVE the map (Exhibit 1 ) as requested, subject to the findings listed in Section III.B and the conditions listed in Section IV of this report. 3. Mitigation Monitoring and Reporting Program: ADOPT. B. Recommended Findings: The staff recommendations are based upon the following considerations: 1. The request is consistent with the County General Plan Map Agricultural- Residential Designation and Text in that no policy conflicts have been identified. 2. The request is consistent with the Orangevale Community Plan Map and Text. 3. Identified environmental effects and suggested mitigation measures have been taken into consideration in the recommended actions and conditions of approval. 4. Staff has identified no effects from the proposal which would result in a significant detrimental impact on adjoining or neighboring properties if the conditions, as recommended by staff, are adopted. 5. The proposed lots will conform with the Zoning Code as to size, frontage and width requirements. 6. The proposed lots will be compatible with the predominant neighborhood pattern of development. 7. All required findings as set forth in the State Map Act and the County Land Development Ordinance can be made in the affirmative. C. Recommended Conditions: Any approval of the Tentative Parcel Map shall be subject to the following conditions: srplnp

10 1. The development approved by this action is for two (2) lots in substantial compliance with Exhibit 1 (Tentative Parcel Map). 2. This action does not relieve the applicant of the obligation to comply with all ordinances, statutes, regulations and procedures. Any required subsequent procedural actions shall take place within 36 months of the date on which the permit became effective or this action shall automatically be null and void. 3. Provide public sanitary sewer and water supply facilities in accordance with the Sacramento County Improvement Standards. 4. Prior to recordation of the Final Map, enter into and record an agreement, in a form approved by the District Engineer and District Counsel of the Sacramento Area Sewer District, to require the property owner(s) to install, at property owner(s) expense, sewer collections to serve all lots at such time as deemed necessary by the District Board of Directors for public health purposes. 5. Provide access arrangements and install working fire hydrants which meet the required fire flow demands pursuant to the requirements of the Sacramento Metropolitan Fire District prior to any combustible construction. 6. Dedicate a standard 12.5-foot Public Utility Easement for underground facilities and appurtenances adjacent to all public right-of-ways. 7. Dedicate right-of-way for Cherry Avenue, based on a 60-foot standard and install public street improvements pursuant to the Sacramento County Improvement Standards. 8. Minimum pad/floor elevations shall be required pursuant to the Sacramento County Floodplain Management Ordinance. 9. The subject property may contain Waters of the State or Waters of the U.S. Any alterations or work within these areas will require applicable State Fish & Game and U.S. Army Corps of Engineers permits prior to grading or building permit issuance. 10. Provide drainage easements and install facilities pursuant to the Sacramento County Floodplain Management Ordinance, Sacramento County Water Agency Code, and Sacramento County Improvement Standards, including any fee required by the Sacramento County Water Agency Code. 11. Provide a floodplain easement pursuant to the Sacramento County Floodplain Management Ordinance, Sacramento County Water Agency Code, and srplnp

11 Sacramento County Improvement Standards. The floodplain to be covered by an easement is the area at or below the elevation 228 on both new parcels. 12. There shall be no net loss of storage for any fill placed within the 100-year floodplain without in-kind excavation. 13. Vehicular access to the buildable area of newly created parcels must be at or above the 10-year flood elevation. 14. Flood resistant materials shall be used below the 100-year floodplain. 15. Fencing in the floodplain shall be open style allowing the passage of water. Fencing in the floodway shall be limited to three board or three wire style. 16. The minimum buildable area outside the 100-year floodplain shall be as 0.25 acres. 17. With the exception of the trees removed and compensated for through Condition #, below, all native oak trees that are 6 inches dbh or larger on the project site, all portions of adjacent off-site native oak trees that are 6 inches dbh or larger which have driplines that extend onto the project site, and all offsite native oak trees that are 6 inches dbh or larger which may be impacted by utility installation and/or improvements associated with this project, shall be preserved and protected as follows: a. A circle with a radius measurement from the trunk of the tree to the tip of its longest limb shall constitute the dripline protection area of the tree. Limbs must not be cut back in order to change the dripline. The area beneath the dripline is a critical portion of the root zone and defines the minimum protected area of the tree. Removing limbs which make up the dripline does not change the protected area. b. Chain link fencing or a similar protective barrier shall be installed one foot outside the driplines of the oak trees prior to initiating project construction, in order to avoid damage to the trees and their root system. c. No signs, ropes, cables (except cables which may be installed by a certified arborist to provide limb support) or any other items shall be attached to the oak trees. d. No vehicles, construction equipment, mobile home/office, supplies, materials or facilities shall be driven, parked, stockpiled or located within the driplines of the oak trees. srplnp

12 e. Any soil disturbance (scraping, grading, trenching, and excavation) is to be avoided within the driplines of the oak trees. Where this is necessary, an ISA Certified Arborist will provide specifications for this work, including methods for root pruning, backfill specifications and irrigation management guidelines. f. All underground utilities and drain or irrigation lines shall be routed outside the driplines of oak trees. Trenching within protected tree driplines is not permitted. If utility or irrigation lines must encroach upon the dripline, they should be tunneled or bored under the tree under the supervision of an ISA Certified Arborist. g. Any herbicides placed under paving materials within driplines of oak trees must be safe for use around trees and labeled for that use. Any pesticides used on site must be tree-safe and not easily transported by water. h. Drainage patterns on the site shall not be modified so that water collects or stands within, or is diverted across, the dripline of the oak trees. i. No sprinkler or irrigation system shall be installed in such a manner that it sprays water within the driplines of the oak trees. j. Tree pruning that may be required for clearance during construction must be performed by an ISA Certified Arborist or Tree Worker and in accordance with the American National Standards Institute (ANSI) A300 pruning standards and the International Society of Arboriculture (ISA) Tree Pruning Guidelines. k. Landscaping beneath the oak trees may include non-plant materials such as boulders, decorative rock, wood chips, organic mulch, non-compacted decomposed granite, etc. Landscape materials shall be kept two (2) feet away from the base of the trunk. The only plant species which shall be planted within the driplines of the oak trees are those which are tolerant of the natural semi-arid environs of the trees. Limited drip irrigation approximately twice per summer is recommended for the understory plants. l. Any fence/wall that will encroach into the dripline protection area of any protected tree shall be constructed using grade beam wall panels and posts or piers set no closer than 10 feet on center. Posts or piers shall be spaced in such a manner as to maximize the separation between the tree trunks and the posts or piers in order to reduce impacts to the trees. srplnp

13 18. In the event that street improvements are required along Cherry Avenue that impact native oak trees #370 (7 inches dbh), #371 (16 inches dbh), #372 (6 inches dbh), #373 (10 inches dbh), #374 (18 inches dbh), #375 (34 inches dbh), and #372 (18 inches dbh) such that tree removal or dripline encroachment of over 20% will occur, the impacts shall be compensated by planting native oak trees (valley oak/quercus lobata, interior live oak/quercus wislizenii, and blue oak/quercus douglasii) equivalent to the total dbh inches impacted, based on ratios listed below, at locations that are authorized by the Department of Environmental Review and Assessment. The number of inches of compensation required shall be calculated as: (1) the percentage of encroachment multiplied by the diameter (dbh) of the tree, for 20 to 49 percent encroachment; or (2) the entire diameter of the tree, for 50 percent or greater encroachment or tree removal. On-site preservation of native oak trees that are less than 6 inches (<6 inches) dbh, may also be used to meet this compensation requirement. A total of 91 inches may require compensation. Equivalent compensation based on the following ratio is required: one preserved native oak tree < 6 inches dbh on-site = 1 inch dbh one D-pot seedling (40 cubic inches or larger) = 1 inch dbh one 15-gallon tree = 1 inch dbh one 24-inch box tree = 2 inches dbh one 36-inch box tree = 3 inches dbh Replacement tree planting shall be completed prior to the issuance of building permits or a bond shall be posted by the applicant in order to provide funding for purchase, planting, irrigation, and 3-year maintenance period, should the applicant default on replacement tree mitigation. The bond shall be in an amount equal to the prevailing rate of the County Tree Preservation Fund and will be due within one year of posting the bond. srplnp

14 Prior to the approval of Improvement Plans or Building Permits, whichever come first, a Replacement Oak Tree Planting Plan shall be prepared by a certified arborist or licensed landscape architect and shall be submitted to the Environmental Coordinator for approval. The Replacement Oak Tree Planting Plan(s) shall include the following minimum elements: a. Species, size and locations of all replacement plantings and < 6-inch dbh trees to be preserved. b. Method of irrigation. c. If planting in soils with a hardpan/duripan or claypan layer, include the Sacramento County Standard Tree Planting Detail L-1, including the 10-foot deep boring hole to provide for adequate drainage. d. Planting, irrigation, and maintenance schedules. e. Identification of the maintenance entity and a written agreement with that entity to provide care and irrigation of the trees for a 3-year establishment period, and to replace any of the replacement oak trees which do not survive during that period. f. Designation of 20-foot root zone radius and landscaping to occur within the radius of oak trees < 6-inches dbh to be preserved on-site. No replacement tree shall be planted within 15 feet of the driplines of existing oak trees or landmark size trees that are retained on-site, or within 15 feet of a building foundation or swimming pool excavation. The minimum spacing for replacement oak trees shall be 20 feet on-center. Examples of acceptable planting locations are publicly owned lands, common areas, and landscaped frontages (with adequate spacing). Generally unacceptable locations are utility easements (PUE, sewer, storm drains), under overhead utility lines, private yards of single family lots (including front yards), and roadway medians. Oak trees <6 inches dbh to be retained on-site shall have at least a 20-foot radius suitable root zone. The suitable root zone shall not have impermeable surfaces, turf/lawn, dense plantings, soil compaction, drainage conditions that create ponding, utility easements, or other overstory tree(s) within 20 feet of the tree to be preserved. Trees to be retained shall be determined to be healthy and structurally sound for future growth, by an ISA Certified Arborist subject to Department of Environmental Review and Assessment approval. srplnp

15 If oak tree replacement plantings are demonstrated to the satisfaction of the Environmental Coordinator to be infeasible for any or all trees removed, then compensation shall be through payment into the County Tree Preservation Fund. Payment shall be made at a rate of $ per dbh inch removed but not otherwise compensated, or at the prevailing rate at the time payment into the fund is made. 19. Should any cultural resources, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains be encountered during any development activities, work shall be suspended and the Department of Environmental Review and Assessment shall be immediately notified at (916) At that time, the Department of Environmental Review and Assessment will coordinate any necessary investigation of the find with appropriate specialists as needed. The project proponent shall be required to implement any mitigation deemed necessary for the protection of the cultural resources. In addition, pursuant to Section of the State Public Resources Code and Section of the State Health and Safety Code, in the event of the discovery of human remains, all work is to stop and the County Coroner shall be immediately notified. If the remains are determined to be Native American, guidelines of the Native American Heritage Commission shall be adhered to in the treatment and disposition of the remains. 20. Comply with the Mitigation Monitoring and Reporting Program (MMRP) for this project as follows: a. The proponent shall comply with the MMRP for this project, including the payment of a fee to cover the Department of Environmental Review and Assessment staff costs incurred during implementation of the MMRP. The MMRP fee for this project is $3, This includes administrative costs of $ b. Until the MMRP has been recorded and the administrative portion of the MMRP fee has been paid, no final parcel map or final subdivision map for the subject property shall be approved. Until the balance of the MMRP fee has been paid, no encroachment, grading, building, sewer connection, water connection or occupancy permit from Sacramento County shall be approved. IV. ATTACHMENTS A. Context Photos (7) srplnp

16 V. EXHIBIT 1. Tentative Parcel Map VI. CPAC MINUTES AND REFERRAL This staff report was prepared on December 10, srplnp