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HomeMy WebLinkAboutPC-1007-20 (SBDV-0747-2019 -- 1035 Madonna Road)RESOLUTION NO. PC-1007-20 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING APPROVAL OF A VESTING TENTATIVE TRACT MAP WITHIN PREVIOUSLY APPROVED VESTING TENTATIVE TRACT MAP 3096 TO CREATE CONDOMINIUM OWNERSHIP SPACE WITHIN THE 296 UNITS APPROVED BY DEVELOPMENT PLAN APPROVAL ARCH-0459-2019 WITHIN THE NG-30 ZONE OF THE SAN LUIS RANCH SPECIFIC PLAN, WITH REQUESTED EXCEPTIONS TO THE MINIMUM DIMENSIONS OF PRIVATE OPEN SPACE, AND THE TOTAL COMBINED PRIVATE AND COMMON OPEN SPACE REQUIREMENT FOR EACH UNIT, AND A DETERMINATION THAT THE PROJECT IS CONSISTENT WITH THE CERTIFIED FINAL EIR FOR SAN LUIS RANCH SPECIFIC PLAN AND EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED MARCH 11, 2020 (1035 MADONNA ROAD, SBDV-0747-2019) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 11, 2020, which was continued from a public hearing held on February 26, 2020, pursuant to a proceeding instituted under SBDV-0747-2019, MI San Luis Ranch, LLC, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby recommends final approval of the project to the City Council (SBDV-0747-2019), based on the following findings: 1. The design of the common interest subdivision is consistent with the General Plan and San Luis Ranch Specific Plan (SLRSP) because the proposed subdivision is consistent with the development pattern established in the neighborhood and the resulting parcels allow for residences with sufficient usable outdoor space. 2. The site is physically suited for the type and density of development allowed in the NG-30 zone of the SLRSP, since only minor deviations from open space requirements from the Subdivision Regulations for the efficiency units are required and all other units within the Resolution No. PC-1007-20 1035 Madonna Road, SBDV-0747-2019 Page 2 project comply with the private and community open space requirements of the SLRSP; resulting development will be subject to consistency with the development standards of the Zoning Regulations. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision since all parcels will have adequate access from Madonna Road and the underlying project where condominium units will be created is consistent with the circulation pattern and planned accessways as envisioned within the SLRSP for which this project is a component of. 4. The design of the common interest subdivision is not likely to cause serious health problems, substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat because the subdivision would be sufficiently setback from creeks or other potentially significant habitat areas for fish and wildlife, is surrounded by urban development, and is planned for further urban development consistent with the approved SLRSP and Final EIR and Final Supplemental EIR for that project. Common Interest Subdivision Exceptions Findings 5. The property to be divided is of such size that it is impractical/undesirable, in this particular case, to conform to the strict application of the standards codified in the Subdivision Regulations because the project has been designed cohesively to result in a more efficient use of the land and allow for the achievement of City housing goals, including those related to affordability since the condominium units are located in an approved development project which provides for a range of product sizes and types with minor exceptions to open space requirements only required for the smallest "efficiency unit" product type. 6. The required common and private open space standards would decrease the size or number of units within the project resulting in a loss of entitlement as majority of the residential units are smaller and the efficiency units are far smaller than what the Subdivision Regulations set as a threshold where full compliance with property improvement standards would decrease the size or number of units (900 square feet for 1-bedroom and 1,200 square feet for two -bedroom units). The deviation from open space requirements are minor and the project is fully consistent with requirements for open space in the San Luis Ranch Specific plan where the units are located. 7. Granting the exceptions is in accord with the intent and purposes of the Subdivision Regulations and is consistent with the General Plan because the exceptions do not grant special privileges that would be inconsistent with the limitations upon other properties. The project site zoning is designated with the NG-30 zone which is unique to the San Luis Ranch Specific Plan where the units to be subdivided are located. The units requiring the exceptions are located within a specific plan that is cohesively planned with goals for provision of affordable housing that is deed restricted and "affordable by design" which are not applicable to other areas of the City that are in the vicinity of the project. Resolution No. PC-1007-20 1035 Madonna Road, SBDV-0747-2019 Page 3 8. The proposed exceptions to the Subdivision Regulations will not affect the functionality of proposed development, nor the utility of the private open space within the project. The requested exceptions are minor in nature and no useful purpose would be realized by requiring full compliance as the project does provides community open space and private open space consistent with requirements of the SLRSP. SECTION 2. Environmental Review. The project is consistent with the certified Final Environmental Impact Report (FEIR) for SLRSP and exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15182(c) (Residential Projects Implementing Specific Plans). On July 18, 2017, the City Council certified the FEIR for the SLRSP and approved the SLRSP through Council Resolution 10822 (2017 Series). A Final Supplemental EIR to address modifications to the phasing plan within the SLRSP was certified by the City Council on July 17, 2018, through Council Resolution 10927 (2018 Series). All mitigation measures adopted as part of the SLRSP FEIR and FSEIR that are applicable to the proposed project are carried forward and applied to the proposed project to effectively mitigate the impacts that were previously identified. The project is exempt from the provisions of the CEQA under Government Code §65457 because the project consists of a residential development and is consistent with the SLRSP, which was approved following certification of the SLRSP FEIR in 2017. No Supplemental Environmental Impact Report is required pursuant to Public Resources Code §21166 and State CEQA Guidelines Section 15162 because: 1) the project does not include or require any revisions to the certified SLRSP FEIR or FSEIR; 2) no substantial changes would occur with respect to the circumstances under which the project is being undertaken, and no revisions to the SLRSP FEIR or FSEIR are required; and 3) no new information of substantial importance is available that was not already known at the time the SLRSP FEIR and FSEIR were certified. With respect to the requested exceptions to the Subdivision Regulations, these exceptions are minor as described in Section 3.4 of this staff report and do not conflict with the Subdivision Map Act and do not have the potential to result in any adverse environmental impacts. Therefore, the project is in substantial conformance with the intent of the SLRSP, including requirements related to project design, including open space. For that reason, the existing certified CEQA documentation related to the SLRSP and VTTM is adequate to address issues related to the requested exceptions to the Common Interest Subdivision Development Standards as outlined in the Subdivision Regulations. SECTION 3. Action. The project conditions of approval do not include mandatory code requirements. Code compliance will be verified during the plan check process, which may include additional requirements applicable to the project. The Planning Commission hereby recommends final approval to the City Council of the common interest subdivision with the incorporation of the following conditions: Resolution No. PC-1007-20 1035 Madonna Road, SBDV-0747-2019 Page 4 Planning Division 1. All project conditions and noted code requirements associated with the approval of the project as approved by Planning Commission on February 26, 2020 (ARCH-0459-2018), shall be incorporated herein as conditions of approval. 2. The project shall comply with all mitigation measures and conditions applicable to the project site, as established under City Council Resolutions No. 10822 (2017 Series) and No. 10927 (2018 Series). Engineering Division — Public Works/Community Development Department 3. The subdivision shall be recorded with a final map. The final map preparation and monumentation shall be in accordance with the city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The final map shall use U.S. Customary Units and shall include monumentation in accordance with the current City Engineering Standards. 4. The final map exhibits and legal descriptions shall be prepared by a California Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. 5. Park In -Lieu fees shall be paid for the proposed new dwelling units prior to building permit issuance, subject to the satisfaction of the Community Development Director. Credit for the existing houses/dwellings that were demolished or relocated/converted will be applicable. 6. The building plan submittal may be used to show some or all of the required private on - site subdivision improvements. Any improvements or construction staging located within the public right-of-way will require a separate encroachment permit and associated inspection fees based on the fee schedule in effect at the time of permit issuance. A separate subdivision improvement plan review fee and subdivision map check fee will be required for the Public Works Department review of the subdivision improvements and final map in accordance with the most current fee resolution. 7. The site development plan submittal shall show any parking, access, utility, site, and/or drainage improvements required to support the proposed subdivision. The building plan submittal shall show all existing public and/or private utilities and improvements shall be approved to the satisfaction of the Community Development Director and Public Works Director prior to recordation of the final map. Unless otherwise waived or deferred, the site/utility plan shall include drainage improvements, water, sewer, storm drains, gas, electricity, telephone, cable TV, and any related utility company meters for each lot if applicable. Any utility relocations, demolitions, water well or private waste system abandonments, and/or other on -site work shall be completed with proper permits and receive final inspection approvals prior to recordation of the final map. Resolution No. PC-1007-20 1035 Madonna Road, SBDV-0747-2019 Page 5 8. Gas service may not be required to each lot/unit if the approved building plans do not propose mixed fuels and "all electric" residences are proposed. If proposed, a "Notice of Requirements" may be required for concurrent recordation with the map to identify the lack of gas service to any lot(s)/unit(s). 9. Any easements including but not limited to provisions for all public and private utilities, access, grading, drainage, storm drain systems, slope banks, construction, common driveways, and maintenance of the same shall be shown on the final map and/or shall be recorded separately prior to map recordation if applicable. Said easements may be provided for in part or in total as blanket easements. 10. The map may be recorded prior to construction of the required public and/or private subdivision improvements. If so, the map conditions or code requirements may be satisfied by the preparation and approval of a subdivision improvement plan. A subdivision agreement and guarantee will be required for this process. 11. An Operation and Maintenance Manual for the stormwater improvements and Private Stormwater Conveyance Agreement shall be provided in conjunction with the development project. The Stormwater Agreement shall be recorded separately or concurrent with the map recordation. 12. The final map shall include reference to the project soils report in accordance with the subdivision regulations. 13. The final map shall include an "Additional Map Sheet" to show the existing and proposed floodplain limits and base flood elevations for both the Cerro San Luis Channel and Prefumo Creek in accordance with the final map exhibits and supporting documentation for Tract 3096. Utilities Department 14. The proposed utility infrastructure shall comply with the latest engineering design standards effective at the time the building permit is obtained and shall have reasonable alignments needed for maintenance of public infrastructure along public roads. 15. The proposed project is within an area subject to shallow groundwater, therefore heat -fused HDPE pipe shall be used for the proposed private and public sewer collection system to prevent groundwater infiltration. All proposed sewer creek crossings shall be detailed in profile view of the proposed infrastructure improvement plans. 16. Any private sewer services that cross one parcel for the benefit of another shall provide evidence that a private utility easement appropriate for those facilities has been recorded prior to final Building Permit. 17.If commercial uses in the project include food preparation, provisions for grease interceptors and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall Resolution No. PC-1007-20 1035 Madonna Road, SBDV-0747-2019 Page 6 be provided with the design. These types of facilities shall also provide an area inside to wash floor mats, equipment, and trash cans. The wash area shall be drained to the sanitary sewer. 18. The fire service shall connect to the water main within the public right of way and shall install an RPDA backflow preventor system. If private hydrants are proposed, the RPDA shall be equipped with a detector assembly to track water used by the hydrants. 19. The private water distribution system shall be looped within the development and will serve the proposed townhomes using a public water meter and a 13D fire protection system. The remaining structures shall have separate services from the private water distribution system for domestic meters and fire laterals compliant with 13R requirements. Each building cluster, or structure, shall be equipped with a public master meter and private sub -meters compliant with the CC&Rs. The proposed private distribution system shall be based on hydraulic model and calculations per Section 6 of the Engineering Standards, and common area parcels receiving both potable and recycled water services shall be equipped with an RP-backflow preventor per Engineering Standards. 20. The site is within the City's Water Reuse Master Plan area and landscape irrigation for the project shall utilize recycled water. 21. Irrigation systems using recycled water shall be designed and operated as described consistent with the City's Procedures for Recycled Water Use, including the requirement that sites utilizing recycled water require backflow protection on all potable service connections. 22. The project's Landscape Plan shall provide total estimated total water use (ETWU), and maximum applied water allowance (MAWA). 23. Recycled water, or another non -potable water source, shall be used for construction water (dust control, soil compaction, etc.). An annual Construction Water Permit is available from the City's Utilities Department. 24. Final grades and alignments of all public and/or private water, recycled water, and sewer shall be approved to the satisfaction of the Utilities Department. The final location, configuration, and sizing of on -site service laterals and meters shall be approved by the Utilities Director in conjunction with the review of the building plans, fire sprinkler plans, and/or public improvement plans. 25. Management of refuse generations for waste, recyclables, and organics shall comply with state law per AB 1826 and the local waste management ordinance to reduce greenhouse gas emissions. 26. Driveways and access routes to all refuse receptacles shall be designed to accommodate the size and weight of the garbage trucks; a written confirmation from the San Luis Garbage Company shall be included in the building permit plans for the proposed project. Resolution No. PC-1007-20 1035 Madonna Road, SBDV-0747-2019 Page 7 27. Trash enclosure(s) shall conform the access requirements by the San Luis Garbage Company and refuse bins shall be sized to provide a reasonable level of service. 28. Trash enclosures shall be sized appropriately such that bins within the enclosure shall not be stacked in front of other bins. The building permit submittal shall submit trash enclosure details that are consistent with the City's Development Standards for Solid Waste. 29. Per the General Requirements of the City's Development Standards for Solid Waste, bin enclosure walls shall be at least 6' or the height of the bin enclosure door, whichever is greater. 30. Existing well(s) shall be destroyed per County Health Requirements and the California Department of Water Resources Standard Bulletin 74-81 and 74-90, except for the dewatering wells. Dewatering well(s) must be kept in service and offered to the City for groundwater motoring programs; this item may be waived to the satisfaction of the City if the well abandonment is necessary for site development or if the abandonment is required by separate private agreement. Fire Department 31. All access roads less than 36 feet in width shall have restricted parking and posted as fire lanes. One side only where 28-36 feet in width, both sides where less than 28 feet. 32. City standard fire hydrants shall be installed, spaced so as not to exceed 300 feet to any exterior wall in the development. Planning Commission direction of 3-11-20 33. Lot 10 shall be considered for possible passive park development in the event a future development plan within the SLRSP includes this area, subject to requirements and restrictions included in the SLRSP Final EIR, including but not limited to the provisions of the Habitat Mitigation and Monitoring Plan prepared pursuant to EIR Mitigation Measure BIO-2(a). Indemnification 34. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review ("Indemnified Claims"). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. On motion by Commissioner McKenzie, seconded by Commissioner Vice -Chair Dandekar, and on the following roll call vote: Resolution No. PC-1007-20 1035 Madonna Road, SBDV-0747-2019 Page 8 AYES: Commissioners Jorgensen, McKenzie, Quincey, Stevenson, Vice -Chair Dandekar and Chair Wulkan NOES: None ABSENT: None RECUSED: Commissioner Kahn The foregoing resolution was passed and adopted this 11 th day of March 2020. Tyler Corey, S �re Planning Commission