Folsom City Council Meeting
Additional Information
Transmittal
Instructions to staff: Deliver original and 30 stapled/double-sided copies to the City Clerk’s Department; City Clerk’s Department will distribute via email and hardcopy to City Council, City Manager, City Attorney, and City Clerk.
Updated: Jan 2025
MEETING DATE: 1/28/2025
AGENDA SECTION: Public Hearing
STAFF REPORT TITLE Item No. 6: Folsom Town Center North LLTSM i. Resolution No. 11322 – A Resolution Determining
that the Folsom Town Center North LLTSM Project is
Exempt from CEQA and Approving Said Large Lot
Tentative Subdivision Map
FROM: Community Development Department
Staff is providing the attached additional information for the above-referenced agenda item.
1. Email from Bob Delp, received January 28, 2025
From: Bob Delp <[email protected]>
Sent: Tuesday, January 28, 2025 9:36 AM
To: Christa Freemantle <[email protected]>; City Clerk Dept <[email protected]> Cc: Sarah Aquino <[email protected]>; Barbara Leary <[email protected]>; Anna Rohrbough <[email protected]>; Justin Raithel <[email protected]>; Mike Kozlowski <[email protected]>; Pam Johns <[email protected]> Subject: Comments for Council re Agenda Item 6 - Folsom Town Center North LLTSM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
For distribution to Folsom City Council.
Dear City Councilmembers,
Please consider the following comments with regard to 1/28/2025 Council Agenda Item No. 6, Folsom Town Center North LLTSM.
1. The proposed resolution includes Exhibit A, Large Lot Tentative Subdivision Map, (see Council packet pg. 118) and several other figures/exhibits that are illegible. The information on Exhibit A (the map as well as the legend, map information/notes, date, etc.) must be legible for the Council to make an informed decisions and for future reference.
2. The Staff Report and conditions of approval include several references to attachments that either do not exist (e.g., Attachments 8 and 9) or are incorrect (e.g., packet pg. 110 references Attachment 5 as the Large Lot Map, but Attachment 5 of the Staff Report is a comparison table). Especially with regard to conditions of approval, these errors need to be corrected. Additionally, where the Resolution's conditions of approval rely on other documents, those other documents should be made exhibits to the Resolution (and should be legible).
3. Condition of Approval 3 (packet pg. 121) unnecessarily imposes a burden on the City to identify improvements necessary to develop the subject parcels. This condition should be revised to require the Applicant for any small-lot subdivision to identify the improvements necessary to develop the subject parcels and to obtain City review and verification of the improvements as a part of the small-lot review and prior to approval, and the condition should also specify that the Applicant shall fund the City's staff time/cost for such review and verification.
4. Condition of Approval 4 (packet pg. 121) unnecessarily imposes an obligation on the City to pay for defense of legal challenge. The condition states that the "City...will cooperate fully in the defense" but then discusses that the City "may...participate in the defense...if the City bears its own attorney's fees and costs". First, if a lawsuit is filed against the City, the City cannot simply choose whether or not be involved in the litigation, so the premise that the City may participate is flawed. Next, the first sentence of the condition requires the owner/applicant to indemnify the City. With that, the owner/applicant should be required to bear the owner/applicant's and the City's attorney's fees and cost and not impose the cost of the City's participation on the City.
5. Condition of Approval 22 (packet pg. 127) references an Attachment 9, but neither the proposed resolution nor the staff report contains an Attachment 9.
6. Condition of Approval 29 (packet pg 130) states, "The applicant shall comply with conditions 1-18 of the attached letter from SMUD dated April 4, 2024, provided in Attachment 9." First, there is no Attachment 9, the SMUD report is Attachment 7 of the staff report and the SMUD letter is not an exhibit to the resolution. The conditions of approval matrix should be revised to add all of the relevant conditions of approval to be adopted by the Council, including those requested by SMUD as opposed to simply referencing a separate document. Additionally, conditions 7, 10, 12, 13 of the SMUD letter include requirements for dedication of easements and irrevocable offers of dedication for easements. Although some of those requirements might not be triggered until small-lot maps are developed, some appear to be relevant to the current large-lot map and should be confirmed and/or specified on the large-lot map prior to approval (since the proposed large-lot map is illegible, it's impossible to know if it includes the necessary easements). Some of those easements will necessarily affect the road right-of-way widths and if they are not included on the large-lot map, then the large-lot map should be revised to include the necessary easements before it is approved.
Thank you for your consideration.
-Bob
Bob Delp
916-812-8122
[email protected]
Folsom City Council Meeting
Revised Staff Report Transmittal
Instructions to staff: Deliver original and 30 stapled/double-sided copies to the City Clerk’s Department; City Clerk’s Department will distribute via email and hardcopy to City Council, City Manager, City Attorney, and City Clerk.
Updated: January 2025
MEETING DATE:
1/28/2025
AGENDA SECTION:
Public Hearing
STAFF REPORT TITLE Item No. 6: Folsom Town Center North LLTSM
i. Resolution No. 11322 – A Resolution Determining
that the Folsom Town Center North LLTSM Project is
Exempt from CEQA and Approving Said Large Lot
Tentative Subdivision Map
FROM: Community Development Department
Staff has prepared the attached revised document for the above-referenced agenda item.
The revisions are shown in the attached as follows:
language deletions: Strikeouts, bold and underlined,
language additions: Italics, bold and underlined.
2 RESOLUTION NO. 11322
A RESOLUTION DETERMINING THAT THE FOLSOM TOWN CENTER NORTH
LLTSM PROJECT IS EXEMPT FROM CEQA AND APPROVING SAID LARGE LOT
TENTATIVE SUBDIVISION MAP
Exhibit B- Conditions of Approval
Mitigation
Measure
When
Reqd.
Responsible
Department
1. Final Map
The applicant shall submit a Large Lot Final
Map to the Community Development
Department that shall substantially conform to
the exhibits referenced below:
1. Town Center North Large Lot Tentative
Subdivision Map, dated October 8, 2024
2. Land Use Overlay, dated February 12,
2024
The Large Lot Tentative Subdivision Map is
approved for the creation of 24 individual lots
(Folsom Town Center North Large Lot Tentative
Subdivision Map Project). Implementation of the
project shall be consistent with the above-
referenced items, the Folsom Plan Area Specific
Plan (FPASP) as Amended, the Westland-Eagle
General Plan Amendment and Specific Plan
Amendment Per Ordinance No. 1237-1242, and
these conditions of approval.
M, OG
CD (E)(P)
22. FPASP Parcel 69
The applicant shall submit for a Minor
Administrative Modification (MAM) request to
increase the size of FPASP Parcel 69 (Lot 13 on
the Town Center North LLTPM) to meet the
minimum standards for a SMUD electrical
substation as described in item 15 of the letter
provided by SMUD (included in Condition No.
29 Attachment 9). The MAM shall demonstrate
that minimum open space standards are being
retained, and shall be approved prior to
recordation of the Final Map.
M
CD (P)(E)
3 29.
The applicant shall comply with conditions 1-
18 of the attached letter from SMUD dated
April 4, 2024, provided in Attachment 9.
1. SMUD has existing overhead 69kV facilities
within the proposed tentative map 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 clearances cannot be maintained,
the Applicant shall be responsible for the cost
of relocation.
2. SMUD has existing underground 12kV
facilities surrounding the proposed tentative
map 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.
3. 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.
4. In the event the Applicant requires the
relocation or removal of existing SMUD
facilities on or adjacent to the subject property,
the Applicant shall coordinate with SMUD. The
Applicant shall be responsible for the cost of
relocation or removal.
5. SMUD reserves the right to use any portion
of its easements on or adjacent to the 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.
M, OG CD (E)
4 6. 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.).
7. In the event the City requires an Irrevocable
Offer of Dedication (IOD) for future roadway
improvements, the Applicant shall dedicate a
12.5-foot public utility
easement (PUE) for overhead and/or
underground facilities and appurtenances
adjacent to the City’s IOD.
8. 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-Solutions-
and-Rebates/Design-and-Construction-
Services.
9. The Applicant shall provide separate SMUD
service points to each parcel to the satisfaction
of SMUD.
10. The Applicant shall dedicate a 12.5-foot
public utility easement for overhead and/or
underground facilities and appurtenances
adjacent to all public street rights-of-ways.
11. The Applicant shall dedicate any private
drive, ingress and egress easement, (and 10-
feet adjacent thereto) as a public utility
easement for (overhead and) underground
facilities and appurtenances. All access roads
shall meet minimum SMUD requirements for
access roads.
12. The Applicant shall dedicate and provide
all-weather vehicular access for service
vehicles that are up to 26,000 pounds. At a
minimum: (a) the drivable surface shall be 20-
5 feet wide; and (b) all SMUD underground
equipment and appurtenances shall be within
15-feet from the drivable surface.
13. The Applicant shall dedicate a 20-foot
easement for future 69kV routes that will be
required to connect the new substation into
SMUD’s Distribution System. Associated future
overhead 69 kV will be installed along Alder
Creek Pkwy as well as Rowberry Rd. If a 12.5-
foot Public Utility Easement (PUE) is also
required along these streets, the 12.5-foot PUE
will be located directly adjacent to the street
right-of-way, with the 20-foot 69 kV easement
directly adjacent to the PUE.
14. The Applicant shall disclose existing or
proposed 69kV electrical facilities to future
and/or potential owners.
15. The Applicant shall designate a parcel of
land for an electric substation to be acquired by
SMUD with an approximate size of 250-feet by
250-feet of net useable area
(approximately 62,500-square-feet of net usable
area). There shall be no deviations from this
requirement until SMUD’s Grid Planning
section evaluates design criteria
for the site.
16. The tentative location of the substation
shall be on Lot 13 and 14. It is SMUD’s
preference that substations be placed in areas
that are zoned Industrial or Commercial. Prior
to the Map Recordation of the final map, the
exact size and
location of the substation site shall be
determined by mutual agreement of SMUD and
the Applicant.
17. Substation sites shall be unencumbered; the
sites shall not contain jurisdictional wetlands,
sensitive species, cultural resources, or
hazardous wastes or materials.
18. The Applicant shall grant to SMUD a Grant
of Easement to cover the existing electrical
6 facilities on the premises. Prior to the Map
Recordation of the final map, the Applicant
shall prepare and submit the subject map for
SMUD’s review and
acceptance. The subject map shall be prepared
in accordance with SMUD’s standard
underground/overhead right-of-way form; a 5
or 10-foot wide right-of-way for existing
underground/overhead electrical facilities.
Note – if necessary, SMUD will mark the
ground with the location of underground
facilities. Please call 811 to have these facilities
marked.