COUNTY OF SACRAMENTO CALIFORNIA

Transcription

1 COUNTY OF SACRAMENTO CALIFORNIA For the Agenda of: May 21, 2013 Item #58 To: From: Subject: Supervisorial District: Board of Supervisors Department of Community Development PLNP Oak Avenue. Request For A General Plan Amendment, Community Plan Amendment And Corresponding Rezone, A Use Permit And Design Review To Develop A Retail Plant Nursery At 8880 Oak Avenue, On The Southwest Corner Of Oak Avenue And Hazel Avenue, In The Orangevale Community. Applicant: Petrovich Development Company; APN: ; Environmental Document: Negative Declaration MacGlashan Contact: Carol Gregory, Planner III, (916) Overview On April 9, 2013, the Board of Supervisors (Board) adopted the second round 2013 General Plan Amendment Resolution and took final action on the environmental document. The Board continued the item to May 21, 2013 and directed staff to prepare final documents. A Resolution amending the Community Plan and a Zoning Ordinance are ready for final action. The Ordinance is signed by the applicant consenting to the conditions of approval. Final action is also required for the Use Permit and Design Review. All project materials can be found in the Agenda item for April 9, 2013: ARY (Click on Item #47). Recommendations 1. Adopt the Resolution (attached) amending the Orangevale Community Plan from Agricultural-Residential 1 (AR-1) to Limited Commercial (LC). 2. Approve the Signed Zoning Ordinance (attached) to rezone approximately 2.12 acres from the Agricultural-Residential (AR-1) zone to the Limited Commercial (LC) zone. 3. Approve the Use Permit and Design Review. Measures/Evaluation The conditions of approval will be monitored and implemented when construction begins. Fiscal Impact Costs are covered by the applicant.

2 PLNP Oak Avenue. Request For A General Plan Amendment, Community Plan Amendment And Corresponding Rezone, A Use Permit And Design Review To Develop A Retail Plant Nursery At 8880 Oak Avenue, On The Southwest Corner Of Oak Avenue And Hazel Avenue, In The Orangevale Community. Applicant: Petrovich Development Company; APN: ; Environmental Document: Negative Declaration Page 2 BACKGROUND On April 9, 2013, the Board adopted the second round 2013 General Plan Amendment Resolution and took final action on the environmental document. The Board continued the item to May 21, 2013 and directed staff to prepare final documents. A Resolution amending the Community Plan and a Zoning Ordinance are ready for final action. The Ordinance is signed by the applicant consenting to the conditions of approval. Final action is also required for the Use Permit and Design Review. All project materials can be found in the Agenda item for April 9, 2013: RY (Click on Item #47). MEASURES/EVALUATION The conditions of approval will be monitored and implemented when construction begins. FISCAL IMPACT Costs are covered by the applicant. Respectfully submitted, APPROVED: BRADLEY J. HUDSON County Executive LORI A. MOSS, Director Department of Community Development BY: ROBERT B. LEONARD Chief Deputy County Executive Attachments: BOS RES - Amending the Orangevale Community Plan BOS ORD - Signed Zoning Agreement

3 RESOLUTION NO. BOS RESOLUTION Page 1 of 2 RESOLUTION OF THE BOARD OF SUPERVISORS, OF THE COUNTY OF SACRAMENTO, STATE OF CALIFORNIA AMENDING THE ORANGEVALE COMMUNITY PLAN Assessor s Parcel No WHEREAS, the County of Sacramento has adopted the Orangevale Community Plan for the purpose of guiding the County of Sacramento, relative to the development of said community; and WHEREAS, on March 11, 2013 public hearings have been held before the County Planning Commission; and WHEREAS, the County Planning Commission forwarded its recommendation to this Board. NOW, THEREFORE, BE IT RESOLVED that the Orangevale Community Plan is amended as shown on Exhibit B attached to corresponding Rezone Ordinance SZC. BE IT FURTHER RESOLVED that the Clerk of the Board of Supervisors and the Secretary of the County Planning Commission are directed to endorse said Community Plan to show that such plan has been amended, and that such amendment has been approved by the Board of Supervisors.

4 BOS RESOLUTION Resolution Of The Board Of Supervisors, Of The County Of Sacramento, State Of California Page 2 of 2 Amending The Orangevale Community Plan Assessor s Parcel No Page 2 On a motion by Supervisor, Seconded by Supervisor, the foregoing resolution was passed and adopted by the Board of Supervisors of the County of Sacramento, State of California, at a regular meeting thereof this 21 st day of May, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Supervisors: Supervisors: Supervisors: Supervisors: Chair of the Board of Supervisors of Sacramento County, California (SEAL) ATTEST: Clerk, Board of Supervisor BOS RESO Community Plan Amendment 2

5 Page 1 of 14 Petrovich Development Company (8880 Oak Avenue) PLNP2008-GPB-CZB-UPP-DRS ORDINANCE NO. SZC AN ORDINANCE OF THE BOARD OF SUPERVISORS OF SACRAMENTO COUNTY AMENDING THE ZONING CODE OF SACRAMENTO COUNTY, ORDINANCE NO , AS AMENDED, CHANGING THE LAND USE ZONE OF CERTAIN PROPERTY KNOWN AS ASSESSOR S PARCEL NO The Board of Supervisors of the County of Sacramento, State of California, ordains as follows: SECTION 1: Section of the Zoning Code of Sacramento County, Ordinance No. SZC 83-10, as amended, which incorporates Comprehensive Zoning Plan Unit No 372/212, is amended to change the land use zone of the property described in Exhibits A and B, which are attached hereto and incorporated herein as though set forth in full ( Subject Property ), and which is also commonly referred to and known as Assessor Parcel No , from the AR-1 Agricultural Residential Land Use Zone to the LC Limited Commercial Land Use Zone for 2.12± acres, as depicted on Exhibit B. SECTION 2: The change in the Land Use Zone for the Subject property provided for in Section 1 hereof shall be subject to, and conditioned upon, compliance with all the conditions set forth in Exhibit C, which is attached hereto and incorporated herein as though set forth in full. SECTION 3: The conditions set forth in Exhibit C and incorporated herein shall run with the land and shall be directly enforceable by the County against the owner(s), successors and assigns of the Subject Property. OrdPLNP

6 Page 2 of 14 SECTION 4: The Board of Supervisors finds in connection with its adoption of this ordinance, and the imposition of the conditions enumerated in Exhibit C hereof and incorporated herein, that the owners of the Subject Property have consented to the imposition of the conditions enumerated in Exhibit C hereof. This consent is memorialized in Exhibit D which is attached hereto and incorporated herein as though set forth in full. SECTION 5: This ordinance shall take effect and be in full force on thirty (30) days from the date of its passage, and before expiration of fifteen (15) days from the date of its passage it shall be published once with the names of the members of the Board of Supervisors voting for and against the same, said publication to be made in a newspaper of general circulation published within the County of Sacramento, State of California. On a motion by Supervisor, seconded by Supervisor, the foregoing ordinance was passed and adopted by the Board of Supervisors of the County of Sacramento, State of California, this day of, 2013, by the following vote, to wit: AYES: NOES: ABSENT: Supervisors Supervisors Supervisors CHAIRPERSON, Board of Supervisors County of Sacramento, California (SEAL) ATTEST: OrdPLNP

7 OrdPLNP BOS ORD Page 3 of 14

8 Page 4 of 14 EXHIBIT B OrdPLNP

9 Page 5 of 14 EXHIBIT C (a) Street improvements and drainage facilities shall be of the type and shall be constructed and installed as specified below. 1. 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. (Sacramento County Department of Water Resources) 2. Off-site drainage improvements and easements shall be provided pursuant to the Sacramento County Floodplain Management Ordinance, and the Sacramento County Improvement Standards. These improvements shall be based on a regional drainage pipe plan to be created at the time of plan check. The location of these off-site improvements will likely be limited to working within the Rights of Way of Oak and Hazel. (Sacramento County Department of Water Resources) 3. Incorporate storm water quality measures in conformance with applicable County ordinances & standards, and state and federal law. The project may implement low impact development design pursuant to and consistent with The Storm Water Quality Design Manual for the Sacramento & South Placer Regions. Such implementation may be able to reduce the storm water quality treatment requirement. (Sacramento County Department of Water Resources) 4. Because the total area of the developed or redeveloped impervious surfaces (building rooftop, flat work, and parking areas) equals or exceeds 1.0 acres, incorporate permanent storm water quality treatment measures in conformance with applicable County ordinances & standards, and state and federal law (see Dalia Fadl at (916) for storm water treatment options). (Sacramento County Department of Water Resources) 5. Grant the County right-of-way on Oak Avenue based on a 72-foot modified arterial (the 6-foot separated sidewalk shall be installed in an adjacent pedestrian/landscape/public utility easement) and install and/or upgrade public street improvements (including, but not limited to, curb, gutter, sidewalk, pavement, and street lights) pursuant to the Sacramento County Improvement Standards and to the satisfaction of the Department of Transportation. Note: There is an offset centerline on Oak Avenue. Please verify with the Department of Transportation for the exact location. (Sacramento County Department of Transportation) 6. Grant the County right-of-way on Hazel Avenue based on a 96-foot modified thoroughfare (the 6-foot separated sidewalk shall be installed in an adjacent OrdPLNP

10 Page 6 of 14 pedestrian/landscape/public utility easement) and install and/or upgrade public street improvements (including, but not limited to, curb, gutter, sidewalk, pavement, and street lights) pursuant to the Sacramento County Improvement Standards and to the satisfaction of the Department of Transportation. Note: There is an offset centerline on Hazel Avenue. Please verify with the Department of Transportation for the exact location. Additional note: Construction of a median will be required on Hazel Avenue, to the satisfaction of the Department of Transportation. (Sacramento County Department of Transportation) 7. The size, number, and location of driveways shall be installed pursuant to the Sacramento County Improvement Standards and to the satisfaction of the Department of Transportation. Driveway locations shall be pursuant to the Sacramento County Improvement Standard Drawing Driveway widths of 45 feet shall be provided on both Hazel Avenue and Oak Avenue. Note: Access at the Hazel Avenue driveway will be restricted to right-in/right-out at time of development. Access at the Oak Avenue driveway is already striped for rightin/right-out only. Access at the Oak Avenue driveway may be further restricted with a raised median in the future. (Sacramento County Department of Transportation) 8. Dedicate additional right-of-way on Hazel Avenue and Oak Avenue for intersection widening and upgrade the existing signal (which may include relocation and/or replacement of signal poles, conduit, detector loops, etc. and installation of new audible pedestrian signal heads and ADA compliant pedestrian push buttons throughout the intersection) pursuant to the Sacramento County Improvement Standards and to the satisfaction of the Department of Transportation. A bus turnout will be required on Hazel Avenue. (Sacramento County Department of Transportation) 9. Any proposed project not incorporating an entry design that will accommodate access control gates pursuant to Sacramento County Code 17.04, Section shall not be approved for future access control gates. (Sacramento County Department of Transportation) 10. Please provide a revised site plan to show offset construction centerlines on both Hazel Avenue and Oak Avenue and to show a revised sidewalk transition on Oak Avenue at the west property line. (Sacramento County Department of Transportation) (b) The additional conditions with which Owners shall comply are as follows: 1. Zoning shall be in accordance with Exhibit D (which is also reflected in Exhibit B attached to this ordinance), tentatively approved by the Board of Supervisors on April 9, 2013, and finally approved in the accompanying ordinance, attached hereto. (Sacramento County Community Development Department, Planning and Environmental Review Division) OrdPLNP

11 Page 7 of 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. Unless otherwise indicated, all conditions of approval shall be implemented prior to or concurrent with the issuance of building permits or approval of improvement plans, whichever occurs first. (Sacramento County Community Development Department, Planning and Environmental Review Division) 3. The only allowed use for the subject parcel shall be a retail plant nursery as shown on the approved exhibits. (Sacramento County Community Development Department, Planning and Environmental Review Division) 4. In conjunction with the issuance of building permits, final development plans shall be reviewed by the Planning and Environmental Review Division during the plan check process to assure compliance with all ordinance requirements and the following: a. All signage attached to the proposed retail plant nursery building and associated structures and all non-directory/directory signs to be built onsite shall comply with Sacramento County Zoning Code Section b. The applicant shall provide bicycle parking on-site per Sacramento County Zoning Code Section A minimum of two (2) Class II type bicycle parking spaces shall be provided. c. The proposed project s elevations and fencing associated for the nursery products shall be reviewed by the Orangevale Community Planning Advisory Council (CPAC). d. The applicant shall provide documentation regarding the implementation of traffic flow controls within the proposed project s parking lot. Traffic flow controls shall include either speed bumps and/or signage to discourage cut thru traffic and shall be reviewed by the Sacramento County Department of Transportation (SacDOT) and the Planning Director prior to issuance of building permits. e. The applicant shall provide landscaping to mask the masonry wall proposed along the western property line adjacent to the agriculturalresidential properties. f. Review Lighting Plan to insure outdoor security lighting systems shall be designed so that the light source will be shielded from adjacent agricultural-residential properties. (Sacramento County Community Development Department, Planning and Environmental Review Division) 5. The applicant shall meet Title 24, Section 147 California requirements for outdoor lighting. (Sacramento County Sheriff s Department) OrdPLNP

12 Page 8 of Any pole mounted light fixtures in the parking lot or nursery grounds shall be shielded to prevent light trespass and glare. (Sacramento County Sheriff s Department) 7. All lighting fixtures shall be vandal resistant. (Sacramento County Sheriff s Department) 8. All exterior lighting shall be controlled by photocell. (Sacramento County Sheriff s Department) 9. Lighting at both entrances to the parking lot shall be maintained at a minimum of one (1) foot-candle. (Sacramento County Sheriff s Department) 10. Lighting throughout the parking area must be maintained at a minimum of one (1) foot-candle. (Sacramento County Sheriff s Department) 11. Lighting at the pedestrian walkway in the parking lot must be maintained at a minimum of one (1) foot-candle. (Sacramento County Sheriff s Department) 12. All entry areas to the building and exterior doorways must be maintained at a minimum of one (1) foot-candle. (Sacramento County Sheriff s Department) 13. All employee or public entry areas to the nursery must be maintained at a minimum of one (1) foot-candle. (Sacramento County Sheriff s Department) 14. All pathways in the nursery must be maintained at a minimum of ½ foot-candle during business hours of operation. (Sacramento County Sheriff s Department) 15. The applicant shall meet Title 24, Section 148 California requirements for externally illuminated signs. (Sacramento County Sheriff s Department) 16. The address of the business must be on the building and facing Hazel Avenue and letter must be 6 inches in height. (Sacramento County Sheriff s Department) 17. The applicant shall post and maintain on the premises and in the parking lot use in conjunction therewith, notices or signs, no less than 18 inches by 24 inches in size, clearly visible to patrons of the business and parking lot and to persons on the public sidewalk stating in two inch block lettering the following: NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES. SCC 9.82 SHERIFF CUSTOMER PARKING UNAUTHORIZED VEHICLES WILL BE TOWED AWAY AT OWNER S EXPENSE CVC 22658(A) SCC SHERIFF Setback for trash and recycle containers shall be within an enclosed masonry area with a surrounding wall and at least 6 feet high with an appropriate solid gate. This area should be locked during non-business hours. It shall be setback a OrdPLNP

13 Page 9 of 14 minimum of 31 feet from the public street. (Sacramento County Sheriff s Department) 19. Shading devices shall be designed so that they are can be see through. (Sacramento County Sheriff s Department) 20. The parking lot shall remain free of litter. (Sacramento County Sheriff s Department) 21. Connection to the District s sewer system shall be required to the satisfaction of the District. District Design Standards apply to sewer construction. (Sacramento Area Sewer District) 22. Each parcel with a sewage source shall have a separate connection to the District public sewer system. If there is more than one building in any single parcel and the parcel is not proposed for split, then each building on that parcel shall have a separate connection to a private on-site sewer line or District public sewer line. (Sacramento Area Sewer District) 23. A full and complete plan review shall be conducted by Metro Fire including but not exclusively including Civil, Building, Sprinklers, and Fire Alarm. (Sacramento Metropolitan Fire District) 24. Water main(s), likely 8-inch in size, will need to connect to the District s 12-inch water main on the north side of Oak Avenue north of the edge of pavement, and extend to the site to provide commercial and fire protection service. Extension of said water main through the site and terminating at the southeast and northwest corners of the site is anticipated. (Citrus Heights Water District) 25. An easement will be required for District water facilities that are located outside of the public road right-of-way. (Citrus Heights Water District) 26. Fire protection facilities and requirements will need to be determined by the Sacramento Metropolitan Fire District. (Citrus Heights Water District) 27. It is anticipated that the site will require two (2) fire hydrants and a fire sprinkler service. (Citrus Heights Water District) 28. The existing one-inch water service is likely not to be adequate to serve the commercial development at the site. It will need to be abandoned in accordance with District requirements. (Citrus Heights Water District) 29. A new metered water service and backflow prevention assembly sized to meet the commercial needs will be required and connected to the new site water distribution main. (Citrus Heights Water District) 30. SMUD has existing underground and overhead electrical facilities that will need to be relocated for the proposed project. The relocation of electrical facilities is billable to the applicant and may take months to complete. (Sacramento Municipal Utility District SMUD) 31. Contact Robert Hendrix, RT Facilities, at (916) to determine if a bus shelter pad shall be provided. If determined appropriate by RT, provide a bus shelter pad as directed. (Sacramento Regional Transit) OrdPLNP

14 Page 10 of Project construction shall not disrupt transit service or pedestrian access to transit stops. (Sacramento Regional Transit) 33. Transit information shall be displayed in prominent locations within the business for both patrons and employees. Please contact Devra Selenis, Marketing Department, at (916) for more information. (Sacramento Regional Transit) 34. Provide bicycle parking facilities per Sacramento County requirements at the building/store entrance. (Sacramento Regional Transit) 35. Connectivity of pedestrian ways with amenities such as pavers, vertical curbs, tree shading, lighting, painted striping, and trellises will be provided to encourage walking to transit. A clearly defined pedestrian way through the parking area to Oak Avenue shall be incorporated into the design and shown on the plans. (Sacramento Regional Transit) 36. Employers should offer employees subsidized transit passes at 50% or greater discount. (Sacramento Regional Transit) 37. Mitigation Measure A: Tree Removal The removal of 166 inches dbh of native oak trees (#12, 20, 26, 40, 43, 44, 45, 46) shall be compensated by planting native oak trees (either valley oak/quercus lobata, blue oak/quercus douglasii, and/or interior live oak/quercus wislizenii) equivalent to the dbh inches lost, based on ratios listed below, at locations that are authorized by the Division of Planning and Environmental Review. 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 166 inches will 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 tree removal or a bond shall be posted by the applicant in order to provide funding for purchase, planting, irrigation, and three-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 bond. Prior to the approval of Improvement Plans or Building Permits, whichever occurs 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: OrdPLNP

15 Page 11 of 14 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 three-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 the Division of Planning and Environmental Review approval. 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. (Sacramento County Department of Community Development, Planning and Environmental Review Division) 38. Mitigation Measure B: Tree Protection For the purpose of this mitigation measure, a native oak tree is defined as a valley oak (Quercus lobata), blue oak (Quercus douglasii) or interior live oak (Quercus wislizenii) having a diameter at breast height (dbh) of at least 6 inches, or if it has multiple trunks of less than 6 inches each, a combined dbh of at least 10 inches. With the exception of the trees removed and compensated for through Mitigation Measure A, above, all native oak trees (#22, 23, 25, 28, 30) on the OrdPLNP

16 Page 12 of 14 project site, all portions of adjacent off-site native oak trees which have driplines that extend onto the project site, and all off-site native oak trees 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 are 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. 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. 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. h. No sprinkler or irrigation system shall be installed in such a manner that it sprays water within the driplines of the oak trees. i. 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. j. 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 OrdPLNP

17 Page 13 of 14 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. k. Any fence/wall that will encroach into the dripline protection area of any protected tree shall be constructed using the 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. (Sacramento County Department of Community Development, Planning and Environmental Review Division) 39. Mitigation Measure C: Cultural Resources 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 Division of Planning and Environmental Review 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 immediately be 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. (Sacramento County Department of Community Development, Planning and Environmental Review Division) 40. 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 Division of Planning and Environmental Review staff costs incurred during implementation of the MMRP. The MMRP fee for this project is $4, This fee 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. (Sacramento County Department of Community Development, Planning and Environmental Review Division) * * * OrdPLNP

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