Communications 09-27-23 — Elk Grove City Council, September 27, 2023

COMMUNICATIONS

IN RELATION TO THE

CITY OF ELK GROVE
SEPTEMBER 27, 2023

REGULAR MEETING

From:

To: Jason Lindgren
Subject: Need 2 vets for Elk Grove Shelter
Date: Tuesday, September 26, 2023 9:31:21 PM
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Hello, I hope this gets relayed to the council meeting this Wednesday as I can’t attend. Without a vet to help with the spay/neuter of shelter, community, and feral cats, it will cause a big effect on the city of Elk Grove along with Sacramento.

Community Spay/Neuter is already full just from
Sacramento alone, and SPCA only accepts 10 per day for community/feral cats.

Just to give you an
idea,

people show up at 2-4am just to get a spot for SPCA, and trappers have to wait in their car for 3-4 hours before SPCA opens to accept, so many are turned away after the 10th cat. Now that Elk Grove’s only vet has resigned, the impact with SPCA and Community Spay/Neuter will be impacted, and not only them but also the trappers and the cats.

You will see more cats in Elk Grove due to this
impact, so much more cats because without trappers helping them, the population can’t be controlled and it will become a bigger issue.

So many have come and spoke of getting another vet to
help with the one vet that has dealt with an overwhelming amount of work,

and it was ignored.

The
time is now, make a change, show other cities that the city wants to help cats and the community.

Take pride and care with the city that people elected you for.

Angela Wood

Sent from Windows

From:

To: Jason Lindgren
Subject: Voice Mail (1 minute and 49 seconds)
Date: Wednesday, September 27, 2023 10:08:57 AM
Attachments:

Yes, my name is Marianne Simpson. I'm calling regarding the council meeting. I'd like to make an advanced comment prior to the meeting. It's in regards to what I understand is that completely quit their position with animal control services and I would like to make a comment to City Council in regards to this that they need to get a veterinary that there as soon as possible. It's my understanding there other individuals that are going to be present at the meeting tonight and I totally support them.

There's issues with the TNR and there is also issues in regards to any hurt animals coming in. There needs to be a vet. There needs to be more than one vet, but unfortunately the city is recommending or thinks that they need one vet. But there needs to be more. And now that this vet has quit, there's nobody there and there is a big issue there that needs to be addressed by City Council. Again, my name is Marianne Simpson and I support those ladies that will be present tonight. My number is if you'd like to contact me. Thank you.

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From:

To: EG City Clerk
Subject: Public Comment - September 27, 2023 City Council Meeting - Urgent Plea to Prioritize Hiring a Veterinarian for Elk Grove Animal Shelter
Date: Wednesday, September 27, 2023 1:37:51 PM
Attachments: image001.png
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Dear Office of the City Clerk,

Below, please find a prepared comment for tonight’s City Council meeting (September 27, 2023), regarding the urgent need for a veterinarian at the Elk Grove Animal Shelter. Thank you for providing this comment to Council and staff in advance of the meeting.

Best,
Andreya

+++++++++++++++

Members of the Elk Grove City Council:

Thank you for providing this platform to address a matter of utmost importance to the Elk Grove community. I write to you today to urgently advocate for the prioritization of hiring a veterinarian at the Elk Grove Animal Shelter.

At the September 27, 2023 City Council meeting, you will be surrounded by dedicated residents who commit themselves to a task often overlooked, yet profoundly impactful – the advocacy for our feral cat population. This population is burgeoning at an alarming rate, and the resources to combat this surge are regrettably limited. Without a qualified veterinarian at the City Shelter, this problem is poised to escalate.

The individuals you will see at tonight’s City Council meeting have chosen to serve the community by tirelessly engaging in Trap, Neuter or Spay, and Return (TNR) efforts to help control the population. Often, a thankless task. The "T" in TNR involves hours of meticulous planning and coordination, coupled with extensive time spent waiting in vehicles, even in sweltering conditions, all for the right cats to arrive. We invest our personal time out of sheer goodwill and a desire to enhance the community.

The "R" in TNR, return, first requires the housing and care of what essentially amounts to a wild animal. Feral cats are distinct from their domestic counterparts – they are fearful and often display hostility towards humans. They yearn for their familiar territories. Yet, we care for them as if they were our own, providing nourishing meals and treating them with the love we'd offer to family, even as they hiss and scratch in response. Once they've recuperated, we return them to their original trapping sites, a process that is as demanding as it is vital.

However, the linchpin in this process lies in the "N." The essential act of neutering or spaying.

It is an indispensable step in curbing the feral cat population. Regrettably, we are unable to make meaningful progress in this endeavor without the invaluable presence of a skilled veterinarian at the City Shelter. We are not asking you to endure the discomfort of hot cars or the challenges of caring for an animal that may not reciprocate our affections. Rather, we implore you to prioritize a critical aspect of our efforts, hiring a City veterinarian.

The residents at tonight’s meeting have made an indelible impact on the lives of countless animals and people. We answer the calls of other community members looking for help with an uncontrolled number of stray cats and kittens in their backyards, at their business, and in public parks.. We do this for free, on our own time, for the betterment of the community. Now, I humbly ask you to support us in return. By prioritizing the hiring of a veterinarian at the City Shelter, you will empower us to continue this tireless work, ensuring a better future for our community and the precious animals that call it home.

Thank you for your consideration, and for your dedication to the well-being of the City Elk Grove.

Sincerely,
Andreya

Andreya Woo Nazal, Attorney

2150 River Plaza Drive, Suite 320
Sacramento CA 95833
Website: HartmanKingLaw.com

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From:

To: EG City Clerk;
Subject: EG Animal Shelter Veterinarian(s)
Date: Wednesday, September 27, 2023 3:52:13 PM
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Dear Mayor and City Council Members,
I am writing to voice my very strong opinion of the need for TWO full time vets at the Animal Shelter.

I am a weekly volunteer at the shelter and work with the cats/kittens that are brought to us for care and placement.

As most know now, our dedicated full time vet, Dr. Mary, has resigned and this leaves the shelter without a vet on premises.

In addition, one vet was rarely ever enough to care for all the sick, injured, abandoned/lost and feral cats (TNR: Trap, Neuter, Return) brought to us.

As it stands now, we currently have 90...yes, 90....available cats/kittens ready for adoption into loving homes.

https://www.elkgrovecity.org/adoptions/current-cats-shelter. And those are just the ones that are currently spayed and neutered.

There are many others awaiting their turn.

I can only speak to the cat side, but I know the dogs (and other critters) need critical vet care to prepare them for adoption as well.
https://www.elkgrovecity.org/adoptions/current-dogs-shelter Thank you for recently approving more hired staff for our shelter, as our current dedicated and very hard working staff currently employed there are all overworked and the need is great!! Please consider this as an urgent matter that needs your full attention and cooperation.

Let's make this happen sooner rather than later.

Our Elk Grove shelter dogs and cats and the EG
community needs our shelter to be running at full speed, to provide all the much needed animal services our community deserves!!
Our community is worthy of having an Animal Shelter that is fully staffed and veterinarians are the key to our success.

Without them, we are unable to provide much needed services to all the animals that need this care.

Be Their Voice and APPROVE THE HIRING OF TWO FULL TIME VETERINARIANS.

Respectfully,
Lee Laudon

From: Kyra Killingsworth
To: Jason Lindgren
Subject: FW: Oak Rose Affordable Housing Project- Item 8.2 Date: Monday, September 25, 2023 2:46:27 PM
Written Comment for Item 8.2- Oak Rose Apartments
Kyra Killingsworth |

Planning Division
Senior Planner

City of Elk Grove
8401 Laguna Palms Way, Elk Grove, CA 95758
t 916.478.3684
TTY/TDD 888.435.6092
elkgrovecity.org

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-----Original Message-----
From: Jay Pulaski
Sent: Monday, September 25, 2023 2:44 PM
To: Kyra Killingsworth <[email protected]>; Rod Brewer <[email protected]> Cc: Jenny Pulaski
Subject: Oak Rose Affordable Housing Project
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Hello - I am a long time resident of Elk Grove and emailing you to express my concerns about the re-proposed Oak Rose Affordable Housing Project.

As a father of children who attend Edna Batey my kids often walk to Starbucks on Elk Grove Boulevard or the nearby parks after school. It concerns me that this project that houses individuals with substance-abuse issues will be located so close to where young kids congregate. Once the proposed library is in place, the area will become even more populated with young children.

I think there are far better places in Elk
Grove to place this project.

Further, with the expected development of old town, this will detract from the proposed environmental that is envisioned. I strongly implore you to reconsider and not approve this project.

Thank You
Jay and Jen Pulaski
Elk Grove

From: Kyra Killingsworth
To: Jason Lindgren
Subject: FW: Oak Rose Apt- Item 8.2
Date: Tuesday, September 26, 2023 1:02:20 PM
Written Comment for Item 8.2
Kyra Killingsworth |

Planning Division
Senior Planner

City of Elk Grove
8401 Laguna Palms Way, Elk Grove, CA 95758
t 916.478.3684
TTY/TDD 888.435.6092
elkgrovecity.org

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-----Original Message-----
From: Kirsten Salters
Sent: Tuesday, September 26, 2023 1:00 PM
To: Rod Brewer <[email protected]>; Kyra Killingsworth <[email protected]> Subject: Oak Rose Apt
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I am a resident of Waterman Grove Estates for the last 37 years. I could not be more opposed to the proposed location of the Oak Rose Apts complex. I will list in bullets, just a few of many reasons this location does not make sense and is not best for all involved.
* Library
* Plans for the new library’s parking lot to be

shared for accessibility to the Oak Rose Apt
* Pre School across the street
* Heavily traveled foot traffic area for families

and children
* Heavily traveled area for children walking

to and from multiple schools
* No access to health care
* Limited access to grocery and needs facilities
* Easy-accessibility to multiple parks where

children play
* Nearby elderly care facilities
* Businesses that will feel the impact in

reduction of business as safety becomes a

concern
* Multiple bars being accessible

(including directly across the street) creating

triggers and potential relapses

I am also very opposed to using the new library location for a winter warming center. That too will create many challenges, showers and restrooms in the parking lot is not in anyone’s best interest, for many of the same reasons as Oak Rose Apt project. Once March 2024 comes, where are these individuals going to go? Are they going to be placed right back on the streets? Are they going to feel they can pitch a tent in the area? We are going to start to look like the City of Sacramento and Hwy 99.

This is not the correct location for these types of projects. I am asking the City Counsel to deny the reconsideration of the Oak Rose Apts and to reconsider the location for the winter warming center.

Kirsten Salters
From: Ryan, Joy
To: Jonathan Hobbs
Cc: EG City Clerk; [email protected]; [email protected]; [email protected]; Hallock, Karen; Brady, Andrew
Subject: Oak Rose Apartments – PLNG 22-015 – Agenda Item No. 8.2 on the 09/27/2023 Elk Grove City Council Regular Meeting Agenda
Date: Monday, September 25, 2023 4:12:31 PM
Attachments: image001.png
Letter to J. Hobbs-City Attorney-City of Elk Grove re Proposed Conditions.pdf You don't often get email from [email protected]. Learn why this is important [EXTERNAL EMAIL]
The attached letter is sent on behalf of Andrew Brady, Esq.

Thank you,

Joy Ryan
Secretary to Andrew
Brady
T +1 213 694 3158
[email protected]
DLA Piper LLP (US)
dlapiper.com

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DLA Piper LLP (US)
550 South Hope Street, Suite 200
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www.dlapiper.com
Andrew Brady
[email protected]
T 213.694.3108
F 310.595.3408
September 25, 2023
VIA EMAIL: [email protected]
Jonathan P. Hobbs, Esq.

City Attorney
City of Elk Grove
8401 Laguna Palms Way
Elk Grove, California 95758
Re: Oak Rose Apartments – PLNG 22-015 – Agenda Item No. 8.2 on the September 27, 2023 Elk Grove City Council Regular Meeting Agenda Dear Mr. Hobbs:

We write on behalf of Oak Rose Apts LP (“Oak Rose”). As you are aware, Oak Rose and the People of the State of California, respectively, have filed lawsuits against the City of Elk Grove (“City”) challenging the City’s July 27, 2022 denial of Oak Rose’s application for a ministerial SB 35 approval for its 67-unit, 100% affordable permanent supportive housing project (“Project”) located at 9252 Elk Grove Boulevard, Elk Grove, California (“Site”).

This letter responds to your email correspondence, dated September 12, 2023, wherein you communicated that the City Council will reconsider its prior denial of the Project at the regularly scheduled September 27, 2023 City Council meeting. In particular, your September 12th email included a set of proposed conditions of approval (“Conditions”) that the Council will consider on September 27th, which are attached as Attachment A to this letter. The purpose of this letter is to object to certain of these proposed Conditions.

As an initial matter, we note that the City is reconsidering its prior July 27, 2022 denial of Oak Rose’s application for an SB 35 streamlining approval sua sponte without a request or application from Oak Rose for such reconsideration. Rather, as explained by the City in its own posting on the City’s official website: “[h]aving considered the applicable law, the current allegations in both lawsuits, the uncertainties, risks and costs of litigation, and having explored options for alternative locations with the Applicant and the State without success, City staff intends to return the Project to the City Council for reconsideration” with a recommendation to approve the Project.1 As Oak Rose has not requested and is not the applicant for this voluntary 1 See https://www.elkgrovecity.org/news/elk-grove-city-council-reconsider-oak-rose-apartments-project , last accessed September 24, 2023.

September 25, 2023

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reconsideration, the Oak Rose development team has not been invited to participate in, nor do we intend to appear at, the September 27, 2023 meeting.

Nevertheless, Oak Rose recognizes its interest in the proposed Conditions, and presents below its general and specific objections to the Conditions. Notwithstanding these objections, Oak Rose would generally be amenable to accepting and complying with the remainder of the Conditions, if the Project is approved and allowed to move forward with appropriate ministerial review. With respect to the objections, if the City’s goal in reconsidering the Project is to eliminate the ongoing litigation, we respectfully request that the City avoid creating new legal disputes through the adoption of conditions that violate SB 35 or other relevant law.

I. General Objection to all Conditions.

Importantly, when the City processed Oak Rose’s ministerial SB 35 application for the Project in 2021-2022, no conditions of approval whatsoever were proposed by City staff for the consideration of either the Planning Commission or City Council. Now, however, in a unilateral process to which Oak Rose is not a party, the City is seeking to impose a total of 53 new and separate Conditions. If conditions were necessary and appropriate for the Project, it is reasonable to infer that the City would have at least suggested them at the prior hearings for the Project, which may have resulted in its approval without any conditions, based on the manner in which the City considered the application.

In addition to not having proposed any conditions when the City considered and denied the Project, in light of the posture of some City staff and officials presenting staunch opposition to the Project, we are also concerned that at least some of the Conditions may be used to cause undue delay and expense to the 100% affordable Project. This is particularly the case for some of the legally improper site-specific and/or subjective decisions which violate SB 35, addressed below. The implementation of Conditions cannot validly be used to cause undue delay to a supportive housing development or to retaliate against Oak Rose for exercising its legal right to challenge the City’s prior denial of the Project in Court.

II. Specific Objections to Conditions that Violate SB 35.

Under the Department of Housing and Community Development (“HCD”) SB 35 regulations, conditions of approval may be imposed on SB 35 ministerial approvals, such as the ministerial SB 35 approval being considered by the City here. But under the regulations such conditions must be “objective and broadly applicable to development within the locality, regardless of streamlined approval, and such conditions implement objective standards that had been adopted prior to submission of a development application.” (HCD SB 35 Regs, § 301(a)(4).) September 25, 2023

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Based on our review, several of the Conditions are subjective, project-or-site specific, have not been applied to other, similar projects in the City, and do not appear to be standard City conditions previously and timely adopted by the City, among other deficiencies identified in the following table:

Cond
No.

Summary of Condition
Language
Basis for Objection

11. Project must hire expert to
train construction
personnel, monitor grading
activities, halt all
construction work within a
50-foot radius if any
potential paleontological
resources are identified,
and prepare a detailed
preservation or recovery
plan with unspecified
measures imposed by
City.

Non-standard site-specific condition; lacks objective
standards and relies on potential future City
discretionary decisions regarding a “recovery” or
“preservation” plan; no rationale or basis for Condition provided; Condition was not adopted prior to the
submission of an application for the Project; City has not imposed the same condition on other recent projects
that are not permanent supportive housing, including the Poppy Grove Apartments (Resolution No. 2022-106,
passed May 11, 2022) (“Poppy Grove Apartments”) or
the Cornerstone Village project – Resolution No. 2022-
164 passed June 22, 2022 (“Cornerstone Village”)

12. Signage is not approved
and requires future
discretionary sign
application.

To the extent this applies to standard building
identification and wayfinding signage customary for a
mixed-use multifamily development, it imposes a
requirement for a future non-objective discretionary
approval. Condition was not adopted prior to the
submission of an application for the Project; City has not imposed the same condition on other recent projects
that are not permanent supportive housing projects,
including the Poppy Grove Apartments and Cornerstone
Village.

13. Landscaping and tree
trimming to be maintained
to not interfere with
operations of surveillance
cameras or the lighting in
parking areas, walkways
or outdoor common areas.

Non-standard site-specific condition; lacks objective
standards; no rationale or basis for Condition provided; Condition was not adopted prior to the submission of an application for the Project; City has not imposed the
same condition on other recent projects that are not
permanent supportive housing, including the Poppy
Grove Apartments and Cornerstone Village.

September 25, 2023

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Cond
No.

Summary of Condition
Language
Basis for Objection

15. Project to be subject to
California prevailing wage
law and labor workforce
requirements.

Non-standard site-specific condition; Condition not
consistent with applicable state law requirements;
Condition was not adopted prior to the submission of an application for the Project; City has not imposed the
same condition on other recent projects that are not
permanent supportive housing, including the Poppy
Grove Apartments and Cornerstone Village.

17. The Project must
implement Subsections B,

C, D, E, G, H, I, J, K, L, M,
and N of Section

19.12.200 of the Elk Grove
Municipal Code to mitigate
damage to trees.

18. The Project must provide
improvements to public
sewer infrastructure.

19. Project Alignment of all
main lines and structures
must provide a minimum of
1-foot vertical clearance
and 5 feet horizontal
clearance from all other
utilities and improvements.

Sewer is to be located a
minimum of 10 feet
(measured horizontally)
from any structure or
footing.

Non-standard site-specific condition; potentially
inconsistent with development of Project design; no
rationale or basis for Condition provided; Condition was not adopted prior to the submission of an application for the Project; City has not imposed the same condition on other recent projects that are not permanent supportive housing, including Cornerstone Village.

21. Applicant is required to
conduct pre-engineering
meeting with all utilities to
ensure clearances are
maintained.

Non-standard site-specific condition; no rationale or
basis for Condition provided; Condition was not adopted prior to the submission of an application for the Project; City has not imposed the same condition on other
recent projects that are not permanent supportive
September 25, 2023

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Cond
No.

Summary of Condition
Language
Basis for Objection
housing, including the Poppy Grove Apartments and
Cornerstone Village.

26. Fire hydrants shall be
installed in accordance
with the California Fire
Code and Cosumnes Fire
Code ordinance.

Non-standard site-specific condition; lacks objective
standards and specificity as to applicable requirement; no rationale or basis for Condition provided; Condition was not adopted prior to the submission of an
application for the Project; City has not imposed the
same condition on other recent projects that are not
permanent supportive housing, including the Poppy
Grove Apartments and Cornerstone Village.

27. Provides various
requirements for fire
apparatus access roads
for aerial fire apparatus.

29. Requires fire department
connections (FDC) to be
located at least 40 feet
from the building that it
serves and within 10 to 40
feet of a fire hydrant.

Non-standard site-specific condition; lacks objective
standards and specificity as to applicable requirement; potentially inconsistent with development of Project
design; no rationale or basis for Condition provided;
Condition was not adopted prior to the submission of an application for the Project; City has not imposed the
same condition on other recent projects that are not
permanent supportive housing, including the Poppy
Grove Apartments and Cornerstone Village.

30. Applicant shall ensure that
the Project provides fire
flow from a public water
system that meets the fire
flow requirements of the
California Fire Code and
the Cosumnes Fire
District.

September 25, 2023

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Cond
No.

Summary of Condition
Language
Basis for Objection

35. The Project shall comply
with local requirements for
land and tree disturbance.

47. Project must annex into
Street Maintenance
Assessment District No. 1,
Zone 3 and pay
assessments.

No rationale or basis for applicability of Condition to Project provided; imposes a requirement for a future
approval; City has not imposed the same condition on
other recent projects that are not permanent supportive housing projects, including the Poppy Grove Apartments
and Cornerstone Village.

48. The Project area shall
annex into the Storm
Water Drainage Fee Zone
2 to fund a portion of the
additional costs for storm
water drainage and run off
maintenance related to
serving the new
development.

50. The Fire Sprinkler system
shall be designed to
National Fire Protection
Association 13.

51. Onsite fire access lanes
shall be installed prior to
combustible construction
Non-standard site-specific condition; lacks objective
standards and specificity as to applicable requirement; potentially inconsistent with development of Project
September 25, 2023

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Cond
No.

Summary of Condition
Language
Basis for Objection
or on-site storage of
combustible materials.

Onsite pavement shall be
capable of supporting
80,000 pounds gross
vehicle weight in all
weather conditions
design; no rationale or basis for Condition provided;
Condition was not adopted prior to the submission of an application for the Project; City has not imposed the
same condition on other recent projects that are not
permanent supportive housing, including the Poppy
Grove Apartments.

52. Project install, test, flush,
inspect the water mains
and fire hydrants
designated for the Project
and be able to provide the
required fire flow prior to
any combustible
construction.

III. The Conditions That Impose Community Facilities and Maintenance District Assessments Are Inconsistent with State Law.

Conditions 45 and 46 require the Project to annex into and pay assessments for two Mello-Roos Community Facilities Districts (CFD): (1) Maintenance Services Mello-Roos CFD 2006-1 (Cond. 45); and (2) the Police Services Mello-Roos CFD 2003-2 (Cond. 46). However, AB 1743, adopted in 2019, amended the Mello-Roos Act to expand the properties that are exempt from CFD special tax assessments to include properties that qualify for the property tax welfare exemption. As a 100% affordable housing project, the Project is subject to a welfare tax exemption under Revenue and Taxation Code Section 214(g), and is therefore exempt from CFD assessments and requirements.

IV. Specific Objection to Condition No. 3 re: Indemnity Proposed Condition No. 3 states that Oak Rose must “indemnify, protect, and hold harmless the City. . .” against third party challenges if the City’s approves its voluntary, unilateral SB 35 reconsideration decision on or after September 27, 2023. This Condition is a legal nullity. The City cannot lawfully impose an indemnity obligation on Oak Rose in the absence of an September 25, 2023

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application or other form of agreement by Oak Rose to accept such a condition; Oak Rose did not request reconsideration and is thus not subject to the terms of the City’s form Planning Application and Agreement. Nor could such a condition be considered valid under Government Code, Sections 65014 or 66016, or Code of Civil Procedure, Section 1021. Condition 3 is thus legally invalid and unenforceable.

Moreover, we believe the City’s actions and prior efforts to publicize and foment opposition to the Project within a process that is legally required to be objective and ministerial has exacerbated the risk of third-party litigation. It would be improper and unfair for the City to allocate all the risk it has in large part created onto a small affordable housing developer.

V. Conclusion.

We thank you for your time and consideration. If you would like to further discuss the Conditions or Oak Rose’s objections to the Conditions, please do not hesitate to contact us.

Please also be advised that this letter does not present a complete statement of Oak Rose’s legal position regarding the proposed Conditions. Please be further advised that nothing herein is intended to waive, or has the effect of waiving, any of Oak Rose’s relevant rights, claims and remedies, all of which are expressly reserved.

Very truly yours,
Andrew Brady
cc: City Clerk ([email protected])
Matthew T. Struhar, Deputy Attorney General ([email protected]) Scott Ditfurth, Best Best & Krieger ([email protected]) Cecilia Martin, Best Best & Krieger ([email protected]) Karen Lee Hallock
Enclosures: Attachment A, Proposed Conditions of Approval.

ATTACHMENT A
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

ON-GOING

1. D e v e l o p m e n t a n d o p e r a t i o n o f t h e p r o p o s e d P r o j e c t s h a l l b e consistent with the Project Description and Project Plans as provided in Exhibits A and B, incorporated herein by this reference. Deviations from the approved plans shall be reviewed by the City for substantial c o m p l i a n c e a n d m a y r e q u i r e a m e n d m e n t b y t h e a p p r o p r i a t e hearing body.

On-Going Planning

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

On-Going Planning

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

On-Going Planning
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

4. Except as otherwise specified or provided for in the Project plans or approvals, or in these conditions, the Project shall conform to the applicable objective development standards and design
r e q u i r e m e n t s a d o p t e d b y t h e C i t y o f E l k G r o v e , a n d s p e c i f i c a l l y , without limitations, those objective standards included in the following:
· The Elk Grove Zoning Code (Title 23 of the EGMC)
· Old Town Special Planning Area Design Standards and
Guidelines
· EGMC Chapter 14.10 (Water Efficient Landscape
Requirements)
· EGMC Title 16 (Building and Construction)
· EGMC Chapter 19.12 (Tree Preservation and Protection) · EGMC Title 22 (Land Development)
On-Going Planning

5. The Applicant shall design and construct all improvements in a cco r da n c e w i th th e C i t y o f El k G r o v e I m p r o ve m e n t S ta n da r ds , a s further conditioned herein. Specific locations on median(s) that require emergency vehicle access will be evaluated during review and acceptance of the Improvement Plans.

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

On-Going Engineering
EGWD
SacSewer
SMUD
PG&E

6. The Applicant shall pay all plan check fees, impact fees, or other costs as required by the City, the Cosumnes Community Services District (CCSD), SacSewer, Elk Grove Water District (EGWD), or other agencies or services providers as established by law.

On-Going Planning
Engineering
CCSD
EGWD
SacSewer
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

7. A p p r o v a l o f t h i s p r o j e c t d o e s n o t r e l i e v e t h e A p p l i c a n t f r o m t h e requirements of subsequent permits and approvals, including but not limited to the following as may be applicable:
· Grading Permit and Improvement Plan
· Building Permit and Certificate of Occupancy
· R e q u i r e m e n t s o f t h e S a c r a m e n t o M e t r o p o l i t a n A i r Q u a l i t y Management District
· Fire Department review for permits and/or occupancy
On-Going Planning
Engineering
Building
CCSD
EGWD
SacSewer

8. T h e t r a s h e n c l o s u r e s s h a l l b e l o c k e d w h e n n o t i n u s e a n d w e l l maintained at all times.

On-Going Code
Enforcement
Planning

9. A s t o a n y f e e , d e d i c a t i o n , r e s e r v a t i o n o r e x a c t i o n e s t a b l i s h e d b y th e s e co n di ti o n s o f a p p r o va l th a t a r e s u b j e c t to th e M i ti g a ti o n F e e Act, notice is hereby given pursuant to California Government Code Section 66020(d) that the 90-day period in which you may protest the fees set forth herein has begun to run as of the date of approval of this Project. Other limitation periods may apply. The City reserves all rights.

On-Going Planning
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

10. All construction must stop if any human remains are uncovered, and the County Coroner must be notified according to Section 7050.5 of California’s Health and Safety Code. If the remains are determined to be Native American, the procedures outlined in State CEQA Guidelines Section 15064.5 (d) and (e) shall be followed.

A note stating the above shall be placed on the Improvement Plans.

On-Going and
Prior to
Improvement
Plans or
Grading
Permit(s),
whichever
occurs first.

Monitoring shall
be On-Going
Planning
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

11. Before the start of any earthmoving activities, the project owner shall retain a qualified scientist (e.g., geologist, biologist, paleontologist) to train all construction personnel involved with earthmoving activities, including the site superintendent, regarding the possibility of encountering fossils, the appearance and types of fossils likely to be seen during construction, and proper notification procedures should fossils be encountered. Training on paleontological resources shall a l s o b e p r o v i d e d t o a l l o t h e r c o n s t r u c t i o n w o r k e r s b u t m a y u s e videotape of the initial training and/or written materials rather than in- person training.

If any paleontological resources (fossils) are discovered during grading or construction activities within the project area, work shall be halted immediately within 50 feet of the discovery, and the City Planning Division shall be immediately notified. The project owner will retain a qualified palaeontologist to evaluate the resource and prepare a recove ry plan in accor dance with Society of Vertebrate Paleontology guidelines (SVP 2010). The recovery plan may include but is not limited to a field survey, construction monitoring, sampling and data recovery procedures, museum storage coordination for any specimen recovered, and a report of findings. Recommendations in the reco ver y plan that are de termine d by th e City to be necessary and feasible will be implemented by the applicant before construction activities resume in the area where the paleontological resources were discovered.

On-Going and
Prior to
Improvement
Plans or
Grading
Permit(s),
whichever
occurs first.

Monitoring shall
be On-Going
Planning

12. Signage is not approved with this Application. Future signs shall be reviewed under a separate Sign Permit application and shall comply w i th th e de ve l o p m e n t s ta n da r d s ( EG M C C h a p te r 2 3. 62) f o r s i g n s i n effect at the time of submittal in order to be approved.

On-Going Planning
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

13. The landscaping and tree trimming shall be maintained so that it does not interfere with operations of surveillance cameras or the lighting in parking areas, walkways or outdoor common areas.

On-Going Police

14. S M U D r e s e r v e s t h e r i g h t t o u s e a n y p o r t i o n o f i t s e a s e m e n t s o n t h e subject property that it reasonably needs and shall not be responsible for any damages to the developed property within said easement that unreasonably interferes with those needs.

On-Going SMUD

15. Construction of the Project shall be subject to California prevailing wage laws. All construction workers for the Project shall be paid at least the ge neral prevailing rate of per di em wages for the type of work and geographic area, as determined by the Director of Industrial R e l a t i o n s p u r s u a n t t o S e c t i o n 1 7 7 3 a n d 1 7 7 3 . 9 o f t h e L a b o r C o d e , e x c e p t t h a t a p p r e n t i c e s r e g i s t e r e d i n p r o g r a m s a p p r o v e d b y t h e Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. The Applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work. All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the D i v i s i o n o f A p p r e n t i c e s h i p S t a n d a r d s m a y b e p a i d a t l e a s t t h e applicable apprentice prevailing rate. (Gov. Code § 65913.4(a)(8).) On-Going Building

16. The Project shall be subject to the Affordable Housing Regulatory Agreement approved concurrently with these conditions of approval.

On-Going Planning
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

17. The Project shall implement Subsections B, C, D, E, G, H, I, J, K, L, M, a n d N o f S e c t i o n 1 9 . 1 2 . 2 0 0 o f t h e E l k G r o v e M u n i c i p a l C o d e t o mitigate damage to trees protected through the development project approval.

On-Going Planning

PRIOR TO OR IN CONJUNCTION WITH IMPROVEMENT AND/OR GRADING PLAN SUBMITTAL OR APPROVAL

18. To obtain sewer service, modifications to SacSewer infrastructure will be required. Current standards and specifications apply to any offsite o r o n s i t e p u b l i c s e w e r c o n s t r u c t i o n o r m o d i f i c a t i o n . T h e s e improvements must be shown on the plans. Field modifications to new or existing manhole bases are not allowed. In order to connect to the existing facility, a new manhole must be constructed depending on location of tie-in.

Improvement
Plans
SacSewer

19. Alignment of all main lines and structures must provide a minimum of 1-foot vertical clearance and 5 feet horizontal clearance from all other utilities and improvements. Sewer is to be located a minimum of 1 0 f e e t ( m e a s u r e d h o r i z o n t a l l y ) f r o m a n y s t r u c t u r e o r f o o t i n g . S h o w public sanitary sewer and water supply facilities in accordance with the Health and Safety Code.

Improvement
Plans
SacSewer

20. SacSewer Design Standards and Specifications require a minimum of 6 inch lower laterals for the building.

Improvement
Plans
SacSewer

21. The Applicant is required to conduct a pre-engineering meeting with all utilities to ensure property clearances are maintained.

Improvement
Plans
SMUD
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

22. SMUD has existing underground 12kV facilities on the northeast side of the project parcel that will need to remain. The Applicant shall be responsible for maintaining all CalOSHA and State of California Public Utilities Commission General Order No. 128 safety clearances during construction and upon building completion. If the required clearances cannot be maintained, the Applicant shall be responsible for the cost of relocation.

Improvement
Plans
SMUD

23. SMUD has existing overhead facilities on the project parcel that will need to remain. The Applicant shall be responsible for maintaining all CalOSHA and State of California Public Utilities Commission General Order No. 95 safety clearances during construction and upon building completion. If the required clearance cannot be maintained, the Applicant shall be responsible for the cost of relocation.

Improvement
Plans
SMUD

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

Improvement
Plans
SMUD

25. I n t h e e v e n t t h e A p p l i c a n t r e q u i r e s t h e r e l o c a t i o n o r r e m o v a l o f existing SMUD facilities on the subject property, the Applicant shall coordinate with SMUD. The Applicant shall be responsible for the cost of relocation or removal.

Improvement
Plans
SMUD

26. Fire hydrants shall be installed in accordance with the California Fire Code and Cosumnes Fire Code ordinance.

Improvement
Plans
CCSD Fire
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

27. Fire apparatus access roads for aerial fire apparatus shall be provided for all buildings exceeding 30 feet in height. Aerial apparatus access roads shall be provided on at least 2 intersecting building sides. Overhead utility and power lines shall not be located over aerial apparatus access roads or between the access road and the building. Shade trees shall not interfere with aerial operations. Underground vaults or utility boxes shall not be located within designated aerial operations areas to avoid conflict with outriggers. The unobstructed width of aerial apparatus roads shall not be less than 26 feet. Aerial apparatus access roads shall be located a minimum of 14-feet from building.

Improvement
Plans
CCSD Fire

28. “NO PARKING FIRE LANE” signs and/or red painted curbs shall be installed in accordance with the California Fire Code for the entire fire turnaround lane at the south side of the building.

Improvement
Plans
CCSD Fire

29. Fire department connections (FDC) shall be located on the project site at least 40 feet from the building that it serves and within 10 to 40 feet of a fire hydrant. Fire hydrant and FDC shall be located on the same side of the fire access route so that hoses do not obstruct incoming apparatus.

Improvement
Plans
CCSD Fire

30. Applicant shall ensure that the Project provides fire flow from a public water system that meets the fire flow requirements of the California Fire Code and the Cosumnes Fire District.

31. T h e A p p l i c a n t s h a l l p r e p a r e a n d s u b m i t a d r a i n a g e s t u d y i n accordance with City of Elk Grove Storm Drainage Master Plan, Improvement Standards, General Plan, and any other applicable drainage master plans or studies.

Improvement
Plans or
Grading
Permit(s),
whichever
comes first
Engineering

32. The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the City of Elk G r o v e I m p r o v e m e n t S t a n d a r d s a n d m o s t r e c e n t v e r s i o n o f t h e Stormwater Quality Design Manual for the Sacramento Region. The Applicant shall also submit a separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed.

Improvement
Plans or
Grading
Permit(s),
whichever
comes first
Engineering

33. T h e A p p l i c a n t s h a l l p r o v i d e p r o c e d u r e s t o a c c o m m o d a t e Hydromodification requirements and Low Impact Development (LID) features adopted in the Sacramento Region Stormwater Quality Manual (Manual) and such procedures shall be implemented for the Project. All the designs shall be consistent with the design examples prescribed in the latest edition of the Manual.

Improvement
Plans or
Grading
Permit(s),
whichever
occurs first
Engineering

34. The Applicant shall execute a maintenance agreement with the City for stormwater quality control treatment devices as required by the Stormwater Quality Design Manual for the Sacramento Region.

Improvement
Plans
Engineering

35. T h e P r o j e c t s h a l l c o m p l y w i t h l o c a l r e q u i r e m e n t s f o r l a n d a n d t r e e disturbance. This includes compliance with Elk Grove Municipal Code requirements for Land Grading and Erosion Control (Chapter 16.44) and Tree Preservation and Protection (Chapter 19.12)
Improvement
Plans
Planning

PRIOR TO OR IN CONJUNCTION WITH BUILDING PERMIT/CERTIFICATE OF OCCUPANCY Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

36. The Applicant shall dedicate to the City a 12.5 foot wide public utility easement (PUE) on Elk Grove Boulevard along the Project’s frontage for overhead and/or underground facilities and appurtenances.

Building Permit Engineering

37. The Applicant shall dedi cate to the City a p edes trian easem ent for a n y p o r t i o n o f t h e s i d e w a l k a l o n g t h e P r o j e c t f r o n t a g e t h a t w i l l b e located outside of the public right-of-way.

Building Permit Engineering

38. The Applicant shall dedicate, design, and improve Elk Grove Boulevard, along the Project’s frontage, in accordance with the City’s E l k G r o v e B o u l e v a r d S t r e e t s c a p e P r o j e c t a n d I m p r o v e m e n t Standards.

Building Permit Engineering

39. T h e A p p l i c a n t s h a l l p a y a n i n - l i e u f e e f o r p a r k s a n d r e c r e a t i o n i n a c c o r d a n c e w i t h E G M C C h a p t e r 1 6 . 8 0 ( P a r k L a n d I n - L i e u F e e ) , a s applicable.

Building Permit CCSD-Parks
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

40. T h e A p p l i c a n t s h a l l ( 1 ) a p p r o v e ( a ) t h e f o r m a t i o n o f a n e w o r annexation into an existing community facilities district (“CFD”) and ( b ) a n a n n u a l C F D s p e c i a l t a x ; o r ( 2 ) d e p o s i t a s u m m o n e y , a s determined by the Cosumnes Community Services District
(Consumnes CSD CFD No. 1), sufficient for the Cosumnes Community Services District to fund a portion of the cost of the District’s ongoing fire and emergency services, maintenance, operation, and repair and replacement of fire station facilities and fire and emergency equipment and routine and deferred maintenance and replacement of park facilities, trails and landscape corridors attributable to the property and (b) replacement of district wide facilities attributable to the property. Any costs for the approval and creation of such annual s p e c i a l t a x , a n n e x a t i o n o f t h e P r o p e r t y i n t o a n e x i s t i n g M e l l o - R o o s Community Facilities District for the Cosumnes Community Services District, or administration of the sum of money deposited to fund the fire and emergency services and maintenance of park facilities, trails and landscape corridors , shall be paid from the annual special taxes of the Community Facilities District or the sum of money deposited with t h e C o s u m n e s C o m m u n i t y S e r v i c e s D i s t r i c t . I f t h e p r o p e r t y o w n e r ( s ) fails to approve an annual special tax or deposit a sum of money as provided for herein for such purposes for the Cosumnes Community Services District, no building permits for the property shall be issued or a p p r o v a l o f t h e I m p r o v e m e n t P l a n s h a l l b e p r o v i d e d . I t i s t h e responsibility of the Applicant or their representative to contact the Cosumnes Community Services District at (916) 405-5600 to initiate the Community Facilities District process.

Building Permit CCSD Parks
and Fire
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

41. The Applicant shall not place any building foundations within 5-feet of any SMUD trench to maintain adequate trench integrity. The Applicant shall verify specific clearance requirements for other utilities (e.g., Gas, Telephone, etc.).

Building Permit SMUD

42. The Applicant shall comply with SMUD siting requirements (e.g., panel size/location, clearances from SMUD equipment, transformer location, service conductors). Information regarding SMUD siting requirements can be found at:
https://www.smud.org/en/business/customer-service/support-and- services/design-construction-services.htm
Building Permit SMUD

43. The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards.

Building Permit Engineering

44. The Applicant shall reconstruct any damaged curb, gutter, sidewalk and/or pavement caused by construction-related activities associated with the Project site. If pavement replacement is necessary, the Applicant may be required to grind, overlay, and/or s l u r r y s e a l t h e d a m a g e d p o r t i o n ( s ) i n a c c o r d a n c e w i t h t h e C i t y Improvement Standards The Applicant shall schedule an inspection with the City to document the pre-construction condition of existing surface infrastructure adjacent to and near the Project.

Building Permit Engineering
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

45. The Project area shall annex into the Maintenance Services Mello - Roos Community Facilities District 2006 -1 (CFD), to fund the project’s fair share of landscape related maintenance costs associated with public parkways, public parks, open space, landscape setbacks, bike and other paths, landscaped medians in and adjacent to roadways, maintenance and operation of a community center, sports (including aquatic) facilities, cultural arts center, and water features, and maintenance of other related facilities. The annexation process can take several months, so the Applicant should plan accordingly. The application fee and completed application for the annexation is due prior to the Resolution of Intention to Annex the Property and Levy the Special Tax.

Building Permit Finance

46. T h e P r o j e c t a r e a s h a l l a n n e x i n t o t h e P o l i c e S e r v i c e s M e l l o-Roos Community Facilities District 2003-2 (CFD), to fund the project’s fair share of Public Safety costs. The annexation process can take several months, so the Applicant should plan accordingly. The application fee and completed application for the annexation is due prior to the R e s o l u t i o n o f I n t e n t i o n t o A n n e x t h e P r o p e r t y a n d L e v y t h e S p e c i a l Tax.

Building Permit Finance

47. The Project area shall annex into the Street Maintenance Assessment District No. 1, Zone 3, to fund a portion of the additional costs for long- term roadway maintenance related to serving the new
development. The annexation process can take several months, so the Applicant should plan accordingly. The application fee and c o m p l e t e d a p p l i c a t i o n f o r t h e a n n e x a t i o n i s d u e p r i o r t o t h e Resolution of Intention to Levy Street Maintenance assessments.

Building Permit Finance
Exhibit C
Oak Rose Apartments (PLNG22-015)
Project Conditions of Approval
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)

48. The Project area shall annex into the Storm Water Drainage Fee Zone 2 to fund a portion of the additional costs for storm water drainage and run off maintenance related to serving the new development.

The annexation process can take several months, so the Applicant should plan accordingly. The completed application for the a n n e x a ti o n i s du e p r i o r to th e R e s o l u ti o n o f In te n ti o n to L e vy S to r m Water Drainage Fee Zone 2 assessment.

Building Permit Finance

49. T h e P r o j e c t s h a l l p r o v i d e o n s i t e f i r e a c c e s s t o w i t h i n 1 5 0 f e e t o f a l l portions of the building as measured by an approved route around the exterior of the building.

Building Permit CCSD Fire

50. The Fire Sprinkler system shall be designed to National Fire Protection Association (NFPA) 13.

Building Permit CCSD Fire

51. Required onsite fire access lanes shall be installed prior to combustible construction or on-site storage of combustible materials. Onsite pavement shall be capable of supporting 80,000 pounds gross vehicle weight in all weather conditions.

Building Permit CCSD Fire

52. The Applicant shall install, test, flush, inspect the water mains and fire h y d r a n t s d e s i g n a t e d f o r t h e P r o j e c t a n d b e a b l e t o p r o v i d e t h e required fire flow prior to any combustible construction.

Building Permit CCSD Fire

53. The Applicant shall provide a test conducted by a licensed contractor performed at building or project completion to determine if the public safety communication system is adequate for emergency responder radio co verage. If the Project cannot support the require d le vel of radio coverage, the Applicant shall equip the building with distributed antenna system with FCC certified signal boosters. Plans and permits required.

Prior to
Certificate of
Occupancy
CCSD Fire
From: Ryan, Joy
To: EG City Clerk
Cc: Jonathan Hobbs; [email protected]; [email protected]; [email protected]; Hallock, Karen; Brady, Andrew
Subject: Oak Rose Apartments – PLNG 22-015 – Agenda Item No. 8.2 on the 09/27/2023 Elk Grove City Council Regular Meeting Agenda – Submittal of Relevant Documents
Date: Tuesday, September 26, 2023 12:18:48 PM
Attachments: image001.png
2023.09.26 Letter to Elk Grove City Clerk re Documents for Council Reconsideration.pdf You don't often get email from [email protected]. Learn why this is important [EXTERNAL EMAIL]
The attached letter is sent on behalf of Andrew Brady, Esq. Included in the letter is a Dropbox link.

For your convenience, the same Dropbox link is below.

https://www.dropbox.com/scl/fo/vputisweuum5vhvcbua2p/h?rlkey=lrx6gohs68auo8i3srz2hahks&dl=0

If you have any trouble downloading the documents in the link, please let us know right away.

Thank you.

Joy Ryan
Secretary to Andrew Brady
T +1 213 694 3158
[email protected]
DLA Piper LLP (US)
dlapiper.com

ACTIVE\1603809503.1
DLA Piper LLP (US)
550 South Hope Street, Suite 200
Los Angeles, California 90071
www.dlapiper.com
Andrew Brady
[email protected]
T 213.694.31 08
F 310.595.3408
September 26, 2023
VIA EMAIL: [email protected]
Honorable Members of the Elk Grove City Council
c/o City Clerk
City of Elk Grove
8401 Laguna Palms Way
Elk Grove, California 95758
Re: Oak Rose Apartments – PLNG 22-015 – Agenda Item No. 8.2 on the September 27, 2023 Elk Grove City Council Regular Meeting Agenda – Submittal of Relevant Documents Honorable Council Members:

We are counsel for Oak Rose Apt LP’s (“Oak Rose”) and have received notice of the City’s sua sponte decision to reconsider its prior denial of Oak Rose’s application for a ministerial SB 35 approval for its 67- unit, 100% affordable permanent supportive housing project (“Project”) located at 9252 Elk Grove Boulevard, Elk Grove, California.

We present with this letter certain key information and documents listed in Exhibit A that are related to the Project for the City Council’s consideration, which can be downloaded at the following link:
https://www.dropbox.com/scl/fo/vputisweuum5vhvcbua2p/h?rlkey=lrx6gohs68auo8i3srz2hahks&dl=0 Please confirm at your earliest convenience your receipt of this letter and please also confirm you are able to download the linked attachments for the City’s case file on the Project. Thank you.

Very truly yours,
Andrew Brady
cc: Jonathan P. Hobbs ([email protected])
Matthew T. Struhar, Deputy Attorney General ([email protected]) Scott Ditfurth, Best Best & Krieger ([email protected]) Cecilia Martin, Best Best & Krieger ([email protected]) Karen Lee Hallock

EXHIBIT A: List of Documents Provided to City Council
ACTIVE\1603809503.1

1. The City’s Old Town Elk Grove Special Planning Area Design Standards and Guidelines (October 2015);

2. City Affordable Housing Committee Meeting Agenda (06/30/2021);

3. City Affordable Housing Committee Staff Report (06/30/2021);

4. Affordable Housing Committee Staff Presentation (06/30/2021);

5. Affordable Housing Committee Report (06/30/2021);

6. Affordable Housing Committee Scoring (06/30/2021);

7. Planning Commission Meeting Agenda (04/21/2022);

8. Planning Commission Meeting Staff Report (04/21/2022);

9. Planning Commission Meeting Public Comments (04/21/2022);

10. Planning Commission Meeting Transcript 1 (04/21/2022);

11. Planning Commission Meeting Transcript 2 (04/21/2022);

12. Planning Commission Staff Report May 5, 2022, Item 5.1 (05/02/2022);

13. Letter from David Zisser, California Department of Housing and Community Development to Jason Behrmann, City of Elk Grove Re: City of Elk Grove Denial of 9252 Elk Grove Boulevard Housing Project and Applicability of Senate Bill (SB) 35, Housing Accountability Act, Discrimination in Land Use Law, Affirmatively Furthering Fair Housing, and State Housing Element Law – Notice of Violation (10/12/2022);

14. City of Elk Grove Statement Regarding Oak Rose Project Litigation (10/12/2022);

15. Letter from Lauren Langer, Best Best & Krieger on behalf of City of Elk Grove to David Zisser, California Department of Housing and Community Development re: Response to HCD Letter to City of Elk Grove Dated October 12, 2022 Regarding the City’s SB 35 Determination for the Oak Rose Apartments Project (9252 Elk Grove Boulevard) (11/10/2022);

16. Letter from Andrew Brady, DLA Piper on behalf of Oak Rose Apts LP to David Zisser, California Department of Housing and Community Development re: Response to Elk Grove’s Response to HCD Letter to City of Elk Grove Dated October 12, 2022 Regarding the City’s SB 35 Determination for the Oak Rose Apartments Project (9252 Elk Grove Boulevard) (12/12/2022);

17. Letter from Matthew Struhar, State of California Department of Justice, Office of the Attorney General to Hon. Mayor Bobbie Singh-Allen, City of Elk Grove Re: Disapproval of Oak Rose Apartments (03/16/2023);

18. City of Elk Grove Press Release (03/16/23);

19. Attorney General of California Rob Bonta Press Release (03/16/2023);

20. Letter from Jonathan P. Hobbs, City of Elk Grove to Matthew Struhar, State of California Department of Justice, Office of the Attorney General Re: City of Elk Grove/ Oak Rose Apartments (04/06/2023);

21. Governor Newsom and Attorney General Bonta Press Release (05/01/2023);

22. City of Elk Grove website publication re: reconsideration (09/22/2023).

SUPPLEMENTAL INFORMATION
AGENDA ITEM NO. 8.2
9-27-2023

Interoffice Memorandum

9/27/2023
.....................................................................................

Date

City Council
.....................................................................................

Antonio Ablog, Planning Manager
.....................................................................................

From

Item 8.2 – Oak Rose Apartments
.....................................................................................

Subject

Honorable Council Members,

Senate Bill 35 (“SB 35") Guidelines promulgated by the California Department of Housing and Community Development (“HCD”) recognize the local government’s authority to condition SB 35 projects and provide, in part, as follows:

(4) Approval of ministerial processing does not preclude imposing standard conditions of approval as long as those conditions are objective and broadly applicable to development within the locality, regardless of streamlined approval, and such conditions implement objective standards that had been adopted prior to submission of a development application. This includes any objective process requirements related to the issuance of a building permit. However, any further approvals, such as demolition, grading and building permits or, if required, final map, shall be issued on a ministerial basis subject to the objective standards.

(A) Notwithstanding Paragraph (5) [addressing CEQA exemption], standard conditions that specifically implement the provisions of these Guidelines, such as commitment for recording covenant 2 and restrictions and provision of prevailing wage, may be included in the conditions of approval.

(HCD SB 35 Guidelines, § 301(a)(4)(A).)

On September 12, 2023, staff provided the representatives for the Oak Rose Apartments Project (“Oak Rose”) with a set of draft conditions of approval.

On September 25, 2023, Oak Rose provided written comments on the draft conditions. Set forth below is staff response to the comments from Oak Rose.
1 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
3 The Applicant, or
Successors in Interest
(hereinafter referred to as
the Applicant) shall
indemnify, protect, defend,
and hold harmless the City,
its officers, officials, agents,
employees, and volunteers
from and against any and all
claims, damages, demands,
liability, costs, losses or
expenses including without
limitation court costs,
reasonable attorney’s fees
and expert witness fees
arising out of this Project
including challenging the
validity of this
Application/permit or any
environmental or other
documentation related to
approval of this application.

Proposed Condition No. 3
states that Oak Rose must
“indemnify, protect, and
hold harmless the
City. . .” against third party
challenges if the City’s
approves its voluntary,
unilateral SB 35
reconsideration decision on
or after September 27,
2023. This Condition is a
legal nullity. The
City cannot lawfully impose
an indemnity obligation on
Oak Rose in the absence of
an application or other form
of agreement by Oak Rose
to accept such a condition;
Oak Rose did
not request reconsideration
and is thus not subject to
the terms of the City’s form
Planning
Application and Agreement.

Nor could such a condition
be considered valid under
Government
Code, Sections 65014 or
66016, or Code of Civil
Procedure, Section 1021.

Condition 3 is thus
legally invalid and
unenforceable.

Retain Condition

This is a standard
condition for City
development projects.

Additionally, by its
Planning Application
and Agreement, the Oak
Rose applicant agreed
to defend, indemnify,
and hold harmless the
City from any claims
concerning the project.

This reconsideration
hearing is a proceeding
concerning the project.

11 Before the start of any
earthmoving activities, the
Non-standard site-specific
condition; lacks objective
Remove Condition

1 The Oak Rose Applicant comment letter provides their “Summary of the Condition Language.” For sake of clarity and accuracy, the below chart includes the actual language of the referenced condition. 3 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
project owner shall retain a
qualified scientist (e.g.,
geologist, biologist,
paleontologist) to train all
construction personnel
involved with earthmoving
activities, including the site
superintendent, regarding
the possibility of
encountering fossils, the
appearance and types of
fossils likely to be seen
during construction, and
proper notification
procedures should fossils be
encountered. Training on
paleontological resources
shall also be provided to all
other construction workers
but may use videotape of the
initial training and/or written
materials rather than in-
person training.

The project owner will retain
a qualified palaeontologist to
evaluate the resource and
prepare a recovery plan in
accordance with Society of
Vertebrate Paleontology
guidelines (SVP 2010). The
recovery plan may include
but is not limited to a field
survey, construction
monitoring, sampling and
data recovery procedures,
museum storage
coordination for any
specimen recovered, and a
report of findings.

Recommendations in the
recovery plan that are
determined by the City to be
necessary and feasible will
be implemented by the
applicant before construction
standards and relies on
potential future City
discretionary decisions
regarding a “recovery” or
“preservation” plan; no
rationale or basis for
Condition provided;
Condition was not adopted
prior to the
submission of an
application for the Project;
City has not
imposed the same condition
on other recent projects that
are not permanent
supportive housing,
including the
Poppy Grove Apartments
(Resolution No. 2022-106,
passed May 11, 2022)
(“Poppy Grove
Apartments”) or the
Cornerstone Village project
– Resolution No. 2022-164
passed June 22, 2022
(“Cornerstone Village”)

4 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
activities resume in the area
where the paleontological
resources were discovered.
12 Signage is not approved with
this Application. Future
signs shall be reviewed
under a separate Sign
Permit application and shall
comply with the
development standards
(EGMC Chapter 23.62) for
signs in effect at the time of
submittal in order to be
approved.

Condition was not
adopted prior to the
submission of an
application for the Project;
City has not imposed the
same condition on other
recent projects that are
not permanent supportive
housing projects,
including the Poppy
Grove Apartments and
Cornerstone Village.

Revise Condition

Sign Permits are subject
to separate review and
approval. Consistent
with HCD SB 35
Guidelines, § 301(a)(4),
this condition is
proposed to be revised
as follows to address
the objective, ministerial
nature of any
subsequent permits
associated with the
Project:

“Signage is not
approved with this
Application. Future
signs shall be reviewed
under a separate Sign
Permit application and
shall comply with the
objective development
standards set forth in
EGMC Chapter 23.62
and the Old Town
Special Planning Area
for signs. Any such
review shall be
ministerial.”

Other development
projects in the City that
have been conditioned
for future Sign Permits
include, but are not
limited to Wellington
Crossing (PLNG21-
070), Pardes
Apartments (PLNG22-
057), and Mesa at
Laguna Ridge Phase 2
(PLNG22-021).
13 Landscaping shall be
maintained and trees shall
be trimmed as to not cause
interference with operations
of surveillance cameras or
the lighting in parking areas,
Non-standard site-specific
condition; lacks objective
standards; no rationale or
basis for Condition
provided; Condition was not
adopted prior to the
submission of an
Revise Condition

To address the
Applicant’s concern,
staff recommends
revising the condition to
read as follows:
5 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
walkways or outdoor
common areas.

application for the Project;
City has not imposed the
same condition on other
recent projects that are not
permanent supportive
housing, including the
Poppy Grove Apartments
and Cornerstone Village.

“The Applicant shall trim
any shrubs to a height
not taller than 3 feet and
shall maintain a
minimum tree canopy
height of 6 feet on site
such that no portion of
the tree obscures the
view of a security
camera, or the light from
a light fixture, onto a
walkway or other
outdoor common areas.”

Other development
projects in the City that
have been similarly
conditioned include, but
are not limited to Pardes
Apartments (PLNG22-
057) and Staybridge
Suites (PLNG22-049).
15 Construction of the Project
shall be subject to California
prevailing wage laws. All
construction workers for the
Project shall be paid at least
the general prevailing rate of
per diem wages for the type
of work and geographic
area, as determined by the
Director of Industrial
Relations pursuant to
Section 1773 and 1773.9 of
the Labor Code, except that
apprentices registered in
programs approved by the
Chief of the Division of
Apprenticeship Standards
may be paid at least the
applicable apprentice
prevailing rate. The
Applicant shall ensure that
the prevailing wage
requirement is included in all
contracts for the
performance of the work. All
contractors and
subcontractors shall pay to
all construction workers
employed in the execution of
the work at least the general
prevailing rate of per diem
Non-standard site-specific
condition; Condition not
consistent with applicable
state law requirements;
Condition was not adopted
prior to the submission of
an application for the
Project; City has not
imposed the same condition
on other recent projects that
are not permanent
supportive housing,
including the Poppy Grove
Apartments and
Cornerstone Village.

Retain Condition

HCD Guidelines
specifically authorize the
imposition of conditions
ensuring provision of
prevailing wages. (HCD
SB 35 Guidelines, §
301(a)(4)(A).) The
condition tracks the
provisions of State law.
(Gov. Code §
65913.4(a)(8).) The
applicant has also
previously
acknowledged and
confirmed that the
project would be subject
to the payment of
prevailing wages. (See,
e.g. Applicant Ltr. of
May 11, 2022.)
6 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
wages, except that
apprentices registered in
programs approved by the
Chief of the Division of
Apprenticeship Standards
may be paid at least the
applicable apprentice
prevailing rate. (Gov. Code §
65913.4(a)(8).)
17 The Project shall implement
Subsections B, C, D, E, G,
H, I, J, K, L, M, and N of
Section 19.12.200 of the Elk
Grove Municipal Code to
mitigate damage to trees
protected through the
development project
approval.

Non-standard site-specific
condition; lacks objective
standards; no rationale or
basis for Condition
provided; Condition was not
adopted prior to the
submission of an
application for the Project;
City has not imposed the
same condition on other
recent projects that are not
permanent supportive
housing, including the
Poppy Grove Apartments
and Cornerstone Village.

Retain Condition

This condition has been
imposed on the Project
to specifically point to
the objective standards
present in Section

19.12.200 of the
Municipal Code relative
to protected trees on the
Project site.

Traditionally, the City
will condition projects
with a blanket statement
that the Project shall
comply with EGMC
Chapter 19.12 (Tree
Preservation and
Protection). Given the
nature of this Project
and the number of on-
site trees for which
EGMC Chapter 19.12 is
applicable, staff
recommends specifically
citing those provisions
that are objective and
apply. For example,
Section 19.12.200.B
requires a chain link
fence to be installed
“one (1' 0") foot outside
the critical root zone of
the on-site tree(s) to be
retained and all portions
of off-site tree(s)
driplines that extends
onto the site, prior to
initiating project
construction, in order to
avoid damage to the
trees and their root
systems.”
18 To obtain sewer service,
modifications to SacSewer
Non-standard site-specific
condition; lacks objective
Retain Condition

7 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
infrastructure will be
required. Current standards
and specifications apply to
any offsite or onsite public
sewer construction or
modification. These
improvements must be
shown on the plans. Field
modifications to new or
existing manhole bases are
not allowed. In order to
connect to the existing
facility, a new manhole must
be constructed depending
on location of tie-in.
standards and specificity as
to applicable requirement;
no rationale or basis for
Condition provided;
Condition was not adopted
prior to the submission of
an application for the
Project.

This condition is
objective as it requires
conformance with the
Sacramento Area Sewer
District (SacSewer)
Standards and
Specifications Manual,
which is an obligation of
the Project in order to
obtain sewer service. All
development in the City
requiring sewer service
must comply with the
SacSewer Standards
and Specifications
Manual.

Other development
projects in the City that
have been similarly
conditioned include, but
are not limited to,
Wellington Crossing
(PLNG21-070), Pardes
Apartments (PLNG22-
057), Cornerstone
Village Apartments
(PLNG22-003), Poppy
Grove Apartments
(PLNG21-078), and The
Lyla Apartments
(PLNG21-037).
19 Alignment of all main lines
and structures must provide
a minimum of 1-foot vertical
clearance and 5 feet
horizontal clearance from all
other utilities and
improvements. Sewer is to
be located a minimum of 10
feet (measured horizontally)
from any structure or footing.

Show public sanitary sewer
and water supply facilities in
accordance with the Health
and Safety Code.

Non-standard site-specific
condition; potentially
inconsistent with
development of Project
design; no rationale or basis
for Condition provided;
Condition was not adopted
prior to the submission of
an application for the
Project; City has not
imposed the same condition
on other recent projects
that are not permanent
supportive housing,
including Cornerstone
Village.

Retain Condition

This condition is
objective as it requires
conformance with the
Sacramento Area Sewer
District Standards and
Specifications Manual,
which is an obligation of
the Project in order to
obtain sewer service. All
development in the City
requiring sewer service
must comply with the
SscSewer Standards
and Specifications
Manual.

Other development
projects in the City that
have been similarly
conditioned include, but
8 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
are not limited to
Wellington Crossing
(PLNG21-070), Poppy
Grove Apartments
(PLNG21-078), and
Pardes Apartments
(PLNG22-057).
21 The Applicant is required to
conduct a pre-engineering
meeting with all utilities to
ensure property clearances
are maintained.

Non-standard site-specific
condition; no rationale or
basis for Condition
provided; Condition was not
adopted prior to the
submission of an
application for the Project;
City has not imposed the
same condition on other
recent projects that are not
permanent supportive
housing, including the
Poppy Grove Apartments
and Cornerstone Village.

Retain Condition

This condition provides
for a coordination
meeting for public safety
purposes. The project
site features conditions
where electrical and
telecommunications
services are provided by
aerial apparatus
(overhead lines). There
is the potential for the
contractor’s activities to
conflict with these lines,
providing potential
impact to human health
and safety both on and
off-site of the project.

As such, a coordination
meeting is appropriate
and necessary. A
similar condition would
be imposed on other
project(s) with similar
physical attributes.

The cited projects in the
objection did not require
this condition as their
location within the
community does not
include existing
overhead lines that
required coordination.
26 Fire hydrants shall be
installed in accordance with
the California Fire Code and
Cosumnes Fire Code
ordinance.

Non-standard site-specific
condition; lacks objective
standards and specificity as
to applicable requirement;
no rationale or basis for
Condition provided;
Condition was not adopted
prior to the submission of
an application for the
Project; City has not
imposed the same condition
on other recent projects that
Retain Condition

This condition is
objective as it requires
conformance with the
California Fire Code in
the installation of any
fire hydrants, which is
an obligation of the
Project in order to obtain
a Building Permit.
9 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
are not permanent
supportive housing,
including the Poppy Grove
Apartments and
Cornerstone Village.
27 Fire apparatus access roads
for aerial fire apparatus shall
be provided for all buildings
exceeding 30 feet in height.

Aerial apparatus access
roads shall be provided on at
least 2 intersecting building
sides. Overhead utility and
power lines shall not be
located over aerial
apparatus access roads or
between the access road
and the building. Shade
trees shall not interfere with
aerial operations.

Underground vaults or utility
boxes shall not be located
within designated aerial
operations areas to avoid
conflict with outriggers. The
unobstructed width of aerial
apparatus roads shall not be
less than 26 feet. Aerial
apparatus access roads
shall be located a minimum
of 14-feet from building.

Non-standard site-
specific condition; no
rationale or basis for
Condition provided;
Condition was not
adopted prior to the
submission of an
application for the
Project; City has not
imposed the same
condition on other
recent projects that are not
permanent supportive
housing, including the
Poppy Grove Apartments
and
Cornerstone Village.

Remove Condition

The Cosumnes Fire
Department’s Fire
Apparatus Access
Standards require aerial
apparatus access roads
pursuant to the condition
for the construction of
buildings exceeding 30
feet in height. Rooftop
mechanical equipment
and associated
enclosures is not
included in the height
determination. The roof
height of the Oak Rose
building proposal is 30
feet and does not trigger
the additional
requirements for
buildings exceeding 30
feet in height.
29 Fire department connections
(FDC) shall be located on
the project site at least 40
feet from the building that it
serves and within 10 to 40
feet of a fire hydrant. Fire
hydrant and FDC shall be
located on the same side of
the fire access route so that
hoses do not obstruct
incoming apparatus.

Non-standard site-specific
condition; lacks objective
standards and specificity as
to applicable requirement;
potentially inconsistent with
development of Project
design; no rationale or
basis for Condition
provided; Condition was not
adopted prior to the
submission of an
application for the Project;
City has not imposed the
same condition on other
recent projects that are not
permanent supportive
housing, including the
Poppy Grove Apartments
and Cornerstone Village.

Retain Condition

This condition is
objective and it requires
conformance with the
with the Cosumnes Fire
Department’s Fire
Sprinkler System
Standard, which is an
obligation of the Project
in order to obtain a
Building Permit.
30 Applicant shall ensure that
the Project provides fire flow
from a public water system
Non-standard site-specific
condition; lacks objective
standards and specificity as
Revise Condition

10 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
that meets the fire flow
requirements of the
California Fire Code and the
Cosumnes Fire District.
to applicable requirement;
potentially inconsistent with
development of Project
design; no rationale or
basis for Condition
provided; Condition was not
adopted prior to the
submission of an
application for the Project;
City has not imposed the
same condition on other
recent projects that are not
permanent supportive
housing, including the
Poppy Grove Apartments
and Cornerstone Village.

To address the
applicant’s concerns,
this condition is being
revised to cite the
specific regulatory
requirements governing
fire flow for all new
multi-unit residential
buildings serving more
than 16 residents. The
revised condition is as
follows:

“Applicant shall ensure
that the Project provides
fire flow from a public
water system that meets
the fire flow
requirements of the
California Fire Code
Appendix B, Table
B105.1(2), as adopted
by Elk Grove Municipal
Code Chapter 17.04.”

The condition is
objective as it requires
conformance with the
California Fire Code fire
flow table and Elk Grove
Municipal Code Chapter

17.04, which is an
obligation of the Project
in order to obtain a
Building Permit
35 The Project shall comply
with local requirements for
land and tree disturbance.

This includes compliance
with Elk Grove Municipal
Code requirements for Land
Grading and Erosion Control
(Chapter 16.44) and Tree
Preservation and Protection
(Chapter 19.12)
Non-standard site-specific
condition; lacks objective
standards and specificity as
to applicable requirement;
potentially inconsistent with
development of Project
design; no rationale or
basis for Condition
provided;
Condition was not adopted
prior to the submission of
an application for the
Project; City has not
imposed the same condition
on other recent projects that
are not permanent
supportive housing,
including the Poppy Grove
Revise Condition

All development projects
in the City are required
to comply with the City’s
Municipal Code,
including but not limited
to EGMC Titles 16 and

19. This requirement is
often listed in several
conditions so that the
Applicant is adequately
informed.

Staff recommends a
revision to the condition.

The revised condition is
as follows:

11 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
Apartments and
Cornerstone Village.
“The Project shall
comply with all objective
requirements for land
and tree disturbance set
forth in Elk Grove
Municipal Code Chapter

16.44 (Land Grading
and Erosion Control)
and Chapter 19.12 (Tree
Preservation and
Protection).”
45 The Project area shall annex
into the Maintenance
Services Mello‐Roos
Community Facilities District
2006‐1 (CFD), to fund the
project’s fair share of
landscape related
maintenance costs
associated with public
parkways, public parks,
open space, landscape
setbacks, bike and other
paths, landscaped medians
in and adjacent to roadways,
maintenance and operation
of a community center,
sports (including aquatic)
facilities, cultural arts center,
and water features, and
maintenance of other related
facilities. The annexation
process can take several
months, so the Applicant
should plan accordingly. The
application fee and
completed application for the
annexation is due prior to
the Resolution of Intention to
Annex the Property and
Levy the Special Tax.

However, AB 1743,
adopted in 2019, amended
the Mello-Roos Act to
expand the properties that
are exempt from CFD
special tax assessments to
include properties that
qualify for the property tax
welfare exemption. As a
100% affordable housing
project, the Project is
subject to a welfare tax
exemption under Revenue
and Taxation Code Section
214(g), and is therefore
exempt from CFD
assessments and
requirements.

Retain condition

Government Code
section 53340(c)
provides that for a
community facilities
district (“CFD”) “a
property receiving a
welfare exemption under
subdivision (g) of
Section 214 of the
Revenue and Taxation
shall be exempt from the
special tax” under the
CFD. The applicant has
not provided evidence or
documentation
demonstrating that it
qualifies for this “welfare
exemption.” (See also
Rev. & Tax. Code §
214(a), (g).) To the
extent that the applicant
demonstrates
application of the
welfare exemption, the
project may be exempt
from the special tax.

However, the applicant
must still annex into the
district, which
annexation is not
exempt under the
above-referenced
authorities. The
annexation will facilitate
imposition of the special
tax in the event that the
project or property does
not qualify for the
welfare exemption
and/or the project or
property no longer
12 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
qualifies for a welfare
exemption.

46 The Project area shall annex
into the Police Services
Mello‐Roos Community
Facilities District 2003-2
(CFD), to fund the project’s
fair share of Public Safety
costs. The annexation
process can take several
months, so the Applicant
should plan accordingly. The
application fee and
completed application for the
annexation is due prior to
the Resolution of Intention to
Annex the Property and
Levy the Special Tax
Conditions 45 and 46
require the Project to annex
into and pay assessments
for two Mello-Roos
Community Facilities
Districts (CFD): (1)
Maintenance Services
Mello-Roos CFD 2006-1
(Cond. 45); and (2) the
Police Services Mello-Roos
CFD 2003-2 (Cond. 46).

However, AB 1743,
adopted in 2019, amended
the Mello-Roos Act to
expand the properties that
are exempt from CFD
special tax assessments to
include properties that
qualify for the property tax
welfare
exemption. As a 100%
affordable housing project,
the Project is subject to a
welfare tax exemption
under Revenue and
Taxation Code Section
214(g), and is therefore
exempt from CFD
assessments and
requirements.

Retain condition

However, the applicant
must still annex into the
district, which
annexation is not
exempt under the
above-referenced
authorities. The
annexation will facilitate
13 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
imposition of the special
tax in the event that the
project or property does
not qualify for the
welfare exemption
and/or the project or
property no longer
qualifies for a welfare
exemption.

Other similar
development projects in
the City that have
annexed into CFDs
include, but are not
limited to, Pardes
Apartments (PLNG22-
057), Bow Stockton
Apartments (PLNG21-
018), Poppy Grove
Apartments (PLNG21-
078) and The Lyla
Apartments (PLNG21-
037).
47 The Project area shall annex
into the Street Maintenance
Assessment
District No. 1, Zone 3, to
fund a portion of the
additional costs for long-term
roadway maintenance
related to serving the new
development. The
annexation process can take
several months, so
the Applicant should plan
accordingly. The application
fee and completed
application for the
annexation is due prior to
the Resolution of Intention to
Levy Street Maintenance
assessments.

No rationale or basis for
applicability of Condition to
Project provided; imposes a
requirement for a future
approval; City has not
imposed the same condition
on other recent projects that
are not permanent
supportive housing projects,
including the Poppy Grove
Apartments and
Cornerstone Village.

Retain condition

Development projects
are required to annex
into the Street
Maintenance
Assessment District to
pay for such project’s
share of street
maintenance services in
local, collector, and
arterial streets. The
additional residents
resulting from a project
cause an increase to the
vehicles on the road,
which puts more stress
on the roads, thus
resulting in more
maintenance, such as
repaving and slurry
seals. The zone
applicable to a project is
based on the project’s
location within the City.

The City annexed the
Poppy Grove
Apartments into its
applicable zone in the
Street Maintenance
14 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
Assessment District by
Resolution No. 2022-
235. Cornerstone
Village Condition of
Approval number 55
requires annexation into
Zone 2 of the Street
Maintenance
Assessment District.

Other examples of
recent multifamily
projects that have
annexed into the district
include, but are not
limited to, the Lyla
Apartments (Resolution
No.2022-198), Bow
Stockton Apartments
(Resolution No. 2023-
111), and Pardes
Apartments (Resolution
No. 2023-224).
48 The Project area shall annex
into the Storm Water
Drainage Fee Zone 2 to fund
a portion of the additional
costs for storm water
drainage and run off
maintenance related to
serving the new
development. The
annexation process can take
several months, so the
Applicant should plan
accordingly. The completed
application for the
annexation is due prior to
the Resolution of Intention to
Levy Storm Water Drainage
Fee Zone 2 assessment.

No rationale or basis for
applicability of Condition to
Project provided; imposes a
requirement for a future
approval; City has not
imposed the same condition
on other recent projects that
are not permanent
supportive
housing projects, including
the Poppy Grove
Apartments.

Retain condition

The City requires new
development projects to
annex into the Storm
Water Drainage Fee
Zone 2. This fee is
charged for storm
drainage services for the
project pursuant to Elk
Grove Municipal Code
Chapter 15.10. Poppy
Grove Apartments was
not conditioned to annex
because the project is
already within Zone 2
and will automatically be
subject to the Zone 2
rate. Cornerstone
Village Condition of
Approval number 56
requires annexation into
Zone 2 of the Storm
Water Drainage Fee.

Other examples of
recent multifamily
projects that have
annexed into Zone 2
include, but are not
limited to, the Lyla
Apartments (Resolution
No. 2022-200) and Bow
15 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
Stockton Apartments
(Resolution No. 2023-
113). Pardes
Apartments did not
require annexation as it
was already within Zone

2. 50 The Fire Sprinkler system
shall be designed to National
Fire Protection Association
(NFPA) 13.

Non-standard site-specific
condition; lacks objective
standards and specificity as
to applicable requirement;
potentially inconsistent with
development of Project
design; no rationale or
basis for Condition
provided; Condition was not
adopted prior to the
submission of an
application for the Project;
City has not imposed the
same condition on other
recent projects that are not
permanent supportive
housing, including the
Poppy Grove Apartments
and Cornerstone Village.

Retain Condition

Sprinklers are required
by the Building Code for
the Project. Where
sprinklers are required,
the California Building
Code requires that such
sprinklers comply with
NFPA 13, which
provides minimum
standards for the design
and installation of
automatic fire sprinkler
systems. The Project’s
fire sprinkler system
must comply with the
NFPA 13 standard in
order to obtain a
Building Permit.

Other projects that have
installed, or are in the
process of installing a
fire sprinkler system
designed to the NFPA
13 standard include the
Bow Stockton
Apartments (PLNG21-
018), Poppy Grove
Apartments (PLNG21-
078) and The Lyla
Apartments (PLNG21-
037).
51 Required onsite fire access
lanes shall be installed prior
to combustible construction
or on-site storage of
combustible materials.

Onsite pavement shall be
capable of
supporting 80,000 pounds
gross vehicle weight in all
weather conditions.

Non-standard site-specific
condition; lacks objective
standards and specificity as
to applicable requirement;
potentially inconsistent with
development of Project
design; no rationale or
basis of Condition
provided; Condition was
not adopted prior to the
submission of an
application for the Project;
City has not imposed the
Retain Condition

This condition is
objective and requires
conformance with
Cosumnes Fire
Department’s Fire
Apparatus Access
Standards, which is an
obligation of the Project
in order to obtain a
Building Permit.

16 Condition
No. Condition Language Oak Rose Objection City Staff’s Response/ Recommendation
same condition on other
recent projects that are not
permanent supportive
housing, including the
Poppy Grove Apartments .

Other development
projects that include this
standard condition
include, but are not
limited to, Pardes
Apartments (PLNG22-
057) and Cornerstone
Village (PLNG22-003).
52 The Applicant shall install,
test, flush, inspect the water
mains and fire hydrants
designated for the Project
and be able to provide the
required fire flow prior to any
combustible construction.

Non-standard site-specific
condition; lacks objective
standards and specificity as
to applicable requirement;
potentially inconsistent with
development of Project
design; no rationale or
basis for Condition
provided; Condition was not
adopted prior to the
submission of an
application for the Project;
City has not imposed the
same condition on other
recent projects that are not
permanent supportive
housing, including the
Poppy Grove Apartments.

Revise Condition

To address the
applicant’s concerns,
this condition is being
revised to add citation to
the specific regulatory
requirements governing
fire flow for new multi-
unit residential buildings.

The revised condition is
as follows:

“The Applicant shall
install, test, flush,
inspect the water mains
and fire hydrants
designated for the
Project and be able to
provide the required fire
flow requirements of the
California Fire Code
Appendix B, Table
B105.1 prior to any
construction.”

The condition is
objective as it requires
conformance with the
with the California Fire
Code fire flow table prior
to any combustible
construction

Other development
projects that include this
standard condition
include the Pardes
Apartments (PLNG22-
057), Cornerstone
Village (PLNG22-003),
and Guardian Madeira
Apartments (PLNG22-
063).

You don't often get email from Learn why this is important From: Kyra Killingsworth
To: Jason Lindgren
Subject: FW: OAK ROSE APARTMENTS PROJECT
Date: Wednesday, September 27, 2023 8:20:38 AM
Attachments: image001.png
Written Comment for Item 8.2

Kyra Killingsworth | Planning Division
Senior Planner

City of Elk Grove
8401 Laguna Palms Way, Elk Grove, CA 95758
t 916.478.3684
TTY/TDD 888.435.6092
elkgrovecity.org

From:

Raquel
Sent: Tuesday, September 26, 2023 7:33 PM
To: Kyra Killingsworth <[email protected]>; Rod Brewer <[email protected]> Subject: OAK ROSE APARTMENTS PROJECT

[EXTERNAL EMAIL]
Hi my name is Raquel I'm an Elk Grove resident of 20 years and frequent surrounding businesses within the area of your proposed Oak Rose Apartments.

I am very much apposed to the location of this project. I am in favor of having a program to help those in need.

Have you ever had a family member or friend who has needed such assistance? If you have not please consider talking to those family members who have.

This particular location I'm opposed for many reasons such as:

1. Longstanding 30 plus years established Preschool causes possible enticement for pedophilia not to mention loss of business from longstanding preschool. Families will not want their children to attend that location.

2. Across the street from a Bar, not a place for recovering alcoholics to have at their doorstep.

3. No easy access to health care services. When I've known someone needing state funded services, they have needs that are beyond housing and placing this in this location is putting such individuals at a disadvantage.

5. Plan for the New library's parking lot to share accessibility is not the best plan for many reasons.

One being safety. Library's outside seating most likely will draw in loitering and possible drugs paraphernalia left behind for children to step on or use and start a young addiction.

6. High-end grocery store which price point it will definitely be Out Of Reach for most tenants.

6. Across the street from our local Teen and Family Coffee shop. Loitering, panhandeIing and more are possible things to do make people feel uncomfortable.

7. Near small businesses who employees are already stating they will quite leaving owners left with no help to run their stores therefor possible closures.

8. This part of our community is a safe, slow paced environment for our growing youth who also bring business to our small businesses after school and on weekends.

Having safe, comfortable, access for our growing youth is important. This type of clientele who may or may not fully be recovering poss threat to our youth.

I will along with my organizations stop bringing our business to this area.

I am a small business owner in Elk Grove who have always felt Elk Grove has made the best decisions.

My confidence for this city is still my desire.

We must remember, if we don't have enough business profits, a strong chance long standing and new businesses may have to close their doors.

Leaving this area partially vacant.

My question is, who that lives in our community put well deserved time and effort into making sure the location is the best option?

Thank you for your efforts and time and I have faith in my City of Elk Grove that you will do what is needed to fight this location.

My group alone is over 400 homeschooling families. Many of which who are contemplating staying in this Elk Grove community.

I am also opposed to using the new library location for a winter warming center. That too will create many challenges, showers and restrooms in the parking lot is not in anyone’s best interest, for many of the same reasons as Oak Rose Apt project. Come March 2024 comes, where are these individuals going to go? Are they going to be placed right back on the streets? Are they going to feel they can pitch a tent in the area? We need a followup plan before implementing such an idea.

Concerned parent, small business owner of elk grove, and human being.

Raquel

You don't often get email from
From: Jason Behrmann
To: Jason Lindgren
Subject: FW: Homeless housing proposal
Date: Wednesday, September 27, 2023 10:26:20 AM
Attachments: image001.png

Jason Behrmann | City Manager’s Office
City Manager

City of Elk Grove
8401 Laguna Palms Way, Elk Grove, CA 95758
t 916.627 3423
TTY/TDD 888.435.6092
elkgrovecity.org

From:

Pam Lomax
Sent: Wednesday, September 27, 2023 9:24 AM
To: Jason Behrmann <[email protected]>
Subject: Homeless housing proposal

[EXTERNAL EMAIL]

The city of Elk Grove,
Elk Grove City Council

City Manager

The voters of Elk Grove showed by the ballot that we do not want a homeless project in Old Elk Grove. There is plenty of open space and new land that is planned for future development. Please do not destroy an established community with this facility.

Old Elk Grove does not meet the zoning requirements for the homeless apartment complex. The elementary, middle, and high schools serving the area would be negatively impacted by the dumping of transient populations in the area. The small business community may come to an end. The land earmarked for a zoo, or open land in other parts of town would be more appropriate.

Please fight the bullies who want to change Elk Grove. It is too late for places like San Francisco and Oakland. Please don’t allow this to be the fate of the City of Elk Grove.

Please don’t allow the destruction of Old Elk Grove and the surrounding neighborhoods and schools.

Find another location and save Elk Grove.

Thank you,
Pamela Lomax
Concerned citizen

From:

To: City Clerks; EG City Clerk
Subject: Comment for Tonight"s EG City Council Meeting - Item 8.2 Date: Wednesday, September 27, 2023 1:43:35 PM
[You don't often get email fro
[EXTERNAL EMAIL]
Unfortunately, I cannot attend in person but I wanted to comment on item 8.2 lin the Oak Rose Apartments.

You (the EG City Council) do an excellent job managing our city.

You balance the need to grow our city with the
needs of those less fortunate to make Elk Grove a wonderful place to live and work.

In the best interests of our City,
and after offering the developer many reasonable options, the Oak Rose Apartments project was recently turned down.

Then our lovely Attorney General Rob Bonta felt the need to make our City as an example for his own political gains.

It’s sad and disgusting that he can come in and override the well-thought out interests of those who administer our city.

But I guess that’s Bonta.

Maybe he received a strategic campaign contribution.

Who knows?

I
just have to question his motifivation in diving deep into a local issue in a City that has a good history of accommodating those who are less fortunate.

I realize you need to vote for this project.

Bonta won.

Just keep doing the right thing for our City because you all are doing a wonderful job!
Steve Barnett
________________________________
Steven M. Barnett
InnoGrove
Office:

From:

To: EG City Clerk
Subject: Oak Rose Apartments Protest
Date: Wednesday, September 27, 2023 5:24:32 PM
[You don't often get email from
[EXTERNAL EMAIL]
Greetings Council Members,
I strongly protest building Oak Rose Apartments. There are many other locations for these apartments.

It will
definitely take away from historic Old Town Elk Grove.

I am a proud resident of Elk Grove and will never look at it the same if the Oak Rose Apartments are built in the location currently being considered.

When I drive or go for a walk in Old Town Elk Grove, I feel a sense of belonging to a special place that is valued for its history and would like it to be preserved as such.

Please value Old Town Elk Grove and move this project to a more suitable location and think hard about the historic nature of Old Town Elk Grove before making your decision to keep it at the proposed site.

Your consideration to reject this project at the proposed site is very important if you want to maintain the history and value of Old Town Elk Grove.

Johnnie Skinner
Elk Grove Resident

From:

To: EG City Clerk
Subject: Oak Rose Apartments Protest
Date: Wednesday, September 27, 2023 5:41:46 PM
[You don't often get email from
[EXTERNAL EMAIL]
Hello City Council Members,
I strongly protest building Oak Grove Apartments in Old Town Elk Grove. There are many other locations for these apartments and it will definitely take away from Historic Old Town Elk Grove.

I am a proud resident of Elk Grove
and will never look at it the same if the Oak Rose Apartments are built in the location currently being considered.

When I drive a go for a walk in Old Town, I feel a sense of being in a special place that is valued for its history and would like it to be preserved as such.

Please value Old Town Ek Grove and move this project to a more suitable location and think hard about the historic nature of Old Town

Elk Grove before you make your decision to keep it at the proposed site.

Your consideration to reject this project at the proposed site is very important to the Elk Grove residents and if you want to maintain the history and value of Old Town Elk Grove, you will not approve the project at the proposed site.

Sharon Skinner
Elk Grove Resident

You don't often get email from
From: Sarah Bontrager
To: Jason Lindgren
Subject: FW: Rite aid
Date: Wednesday, September 27, 2023 11:23:24 AM
Feedback on Item 9.1

From: Chris Bobo
Sent: Tuesday, September 26, 2023 7:46 PM
To: Sarah Bontrager <[email protected]>
Subject: Rite aid

[EXTERNAL EMAIL]
You guys are nuts. Why don’t you put this this right by your house. Why by my business. I’m so embarrassed of my City. You are sooo woke. Great job. Wackos.

Chris Bobo
President
9722 Kent Street, Elk Grove, CA 95624
Office:

Web: www.BoboConstructionInc.com
Send all bids to

Elk Grove City CouncilSeptember 27, 2023

Elk Grove City Council
September 27, 2023