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HomeMy WebLinkAboutPC-1019-20 (SBDV-0826-2019 -- 3700 Ranch House Rd.)RESOLUTION NO. PC-1019-20 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING A VESTING TENTATIVE PARCEL MAP WITHIN PREVIOUSLY APPROVED VESTING TENATIVE TRACT MAP 3044 TO CREATE CONDOMINIUM OWNERSHIP SPACE WITHIN THE 40 UNITS APPROVED BY DEVELOPMENT PLAN APPROVAL ARCH-0825-2019 WITHIN THE R-3 ZONE OF THE ORCUTT AREA SPECIFIC PLAN, WITH REQUESTED EXCEPTIONS TO THE MINIMUM DIMENSIONS OF PRIVATE OPEN SPACE, AND THE TOTAL PRIVATE OPEN SPACE REQUIREMENT FOR EACH UNIT, AND A DETERMINATION THAT THE PROJECT IS CONSISTENT WITH THE CERTIFIED FINAL EIR FOR THE ORCUTT AREA SPECIFIC PLAN AND EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED SEPTEMBER 9, 2020 (3700 RANCH HOUSE ROAD, SBDV-0826-2019) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing via teleconference, per the Governor's Executive Order N-29-20 issued on March 17, 2020, relating to the convening of public meetings in response to the COVID-19 pandemic, on September 9, 2020, pursuant to a proceeding instituted under SBDV-0826-2019, WC Taylor 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-0826-2019), based on the following findings: 1. The design of the common interest subdivision is consistent with the General Plan and Orcutt Area Specific Plan (OASP) 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 R-3 zone of the GASP, since only minor deviations from open space requirements for six of the units and all other units within the project comply with the private and common open space requirements of the Subdivision Regulations; resulting development will be subject Resolution No. PC- 1019-20 3700 Ranch House Road - SBDV-0826-2019 Page 2 to consistency with the development standards of the Zoning Regulations. The proposed project exceeds the total open space requirements (473 SF per unit, where 400 SF per unit is normally required) and the deviations from the standard Subdivision Regulation open space requirements are very minor. 3. 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 Cerro Cabrillo Lane and Sponza Drive and the underlying project where condominium units will be created is consistent with the circulation pattern and planned accessways as envisioned within the OASP. 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 OASP and Final EIR and Subsequent Tiered MND for the subject property. 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 six of the total units proposed. 6. Strict compliance with common and private open space standards would decrease the size or number of units within the project, resulting in a loss of entitlement as a majority of the residential units are moderately sized for 3-bedroom and 4-bedroom units and full compliance with property improvement standards would decrease the size or number of units. 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 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 and outside of the OASP. 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 Resolution No. PC- 1019-20 3700 Ranch House Road - SBDV-0826-2019 Page 3 requested exceptions are minor in nature and no useful purpose would be realized by requiring full compliance.. SECTION 2. Environmental Review. On March 2, 2010 the City Council certified the OASP Final EIR and approved the OASP. This action by the City Council included approval of both text and map amendments to the City's General Plan and rezoning the subject site to R-3-SP (Medium -High Density Residential). On November 16, 2011 the OASP area was annexed into the City of San Luis Obispo. On October 1, 2013, the City Council adopted the Tiered Initial Study and Mitigated Negative Declaration (IS/MND) for the development of the subject property (ER 137-11) through Resolution No. 10462 (2013 Series) to document its consistency with the OASP and to identify the required mitigation measures from the EIR that applied to this development site. The project is consistent with the adopted MND, all mitigation measures adopted as part of the OASP EIR and Subsequent Tiered MND 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 CEQA under Government Code §65457 because the project consists of a residential development and is consistent with the OASP, which was approved following certification of the OASP FEIR in 2010. 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 OASP FEIR and adopted Tiered MND; 2) no substantial changes would occur with respect to the circumstances under which the project is being undertaken, and no revisions to the OASP FEIR and adopted Tiered MND are required; and 3) no new information of substantial importance is available that was not already known at the time the OASP FEIR and adopted Tiered MND were certified. With respect to the requested exceptions to the Subdivision Regulations, these exceptions are minor as described in Section 4.4 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 OASP, including requirements related to project design, including open space. For that reason, the existing certified CEQA documentation related to the OASP 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 grants approval to the common interest subdivision with the incorporation of the following conditions: Planning Division 1. All project conditions and noted code requirements associated with the approval of the project as approved by Planning Commission on September 9, 2020 (ARCH-0825-2019), shall be incorporated herein as conditions of approval. Resolution No. PC- 1019-20 3700 Ranch House Road - SBDV-0826-2019 Page 4 2. The project shall comply with all mitigation measures and conditions applicable to the project site, as established under City Council Resolution No. 10462 (2013 Series) and Director's Resolution No. 17-12. Engineering Division — Public Works/Community Development Department 3. The subdivision shall be recorded with a parcel map. The parcel map preparation and monumentation shall be in accordance with the city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The parcel map shall use U.S. Customary Units in accordance with the current City Engineering Standards. 4. The parcel map exhibits and legal descriptions shall be prepared by a California Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. 5. The parcel map shall show and label all existing and proposed offers of dedication. 6. Unless otherwise approved for deferral to Building Permit by the Director of Community Development, park -in -lieu fees shall be paid for the new units prior to parcel map recordation. The fees shall be based on the fee resolution in effect at the time of map recordation, as approved by the Community Development Director. 7. Any easements including but not limited to provisions for all public and private utilities, streets, street trees, access, grading, drainage, stormwater facilities, 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. 8. Easements to be eliminated shall be noted on the parcel map. The corresponding quit claim deed(s) shall be recorded prior to or concurrent with the recordation of the parcel map. 9. The subdivision improvement plans shall show and note the limits of the existing and proposed on -site and off -site improvements. References to the existing improvements shall include reference to the subdivision number and City FMAP Improvement Plan Case for reference. 10. The subdivision improvement plans shall include provisions and details for residential mailbox unit(s) (MBU's) to the satisfaction of the Post Master and the City of San Luis Obispo. Provide a new structure or clarify if space is provided within the existing MBU's provided for Tract 3044. If required, decorative mailbox shrouds or surrounds shall be approved to the satisfaction of the Planning Division. 11. A final drainage report shall be submitted with the subdivision improvement plan submittal and site development plans. The final report and improvement plans shall show compliance with the overall OASP drainage strategy, Drainage Design Manual, and Post Construction Stormwater Regulations. The project soils engineer shall review the proposed improvement plans and drainage strategy for consistency with the recommendations in the Resolution No. PC- 1019-20 3700 Ranch House Road - SBDV-0826-2019 Page 5 soils report. The soils engineer shall provide specific recommendations regarding any proposed storm drainage improvements. 12. The final plans and report shall clarify the extent of any off -site improvements required for water quality treatment and for peak management. The improvement plans and final report shall clarify whether the master report assumes build -out of this Parcel 7. The report shall include all pertinent references and excerpts from the master report to that the development of this condo project and supporting docs can stand alone. 13. An operations and maintenance (O & M) manual will be required for any post -construction stormwater improvements not otherwise covered by a master O & M manual. A private stormwater conveyance agreement will be required and shall be recorded in conjunction with recordation of the map unless recorded as part of the building permit process. 14. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of one or more acres and for projects that are part of a common plan. The required Waste Discharger Identification (WDID) number shall be included on the building permit plans and public improvement plans for reference. 15. Unless otherwise approved by the Building Official, based on soil/foundation stability analysis and recommendation from a soils engineer, the developer shall provide any required shoring and/or notice to the owner(s) of the adjoining parcels 1 — 6 of PM SLO 17-0115 prior to wall excavations in accordance with the California Building Code and current State legislation regarding sub -adjacent excavations. Utilities Department 16. All utility easements dedicated to the City shall comply with the latest engineering design standards and shall have reasonable alignments needed for maintenance of public infrastructure. 17. Final grades and alignments of all public and 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 public improvement plans. 18. Water connection shall have a reduce pressure backflow preventor at transition from public to private. The water system shall be a private system with public meters that are manifolded for each of the condominiums. 19. Trash collection services shall comply with the access requirements and conditions of the San Luis Garbage Company. Resolution No. PC- 1019-20 3700 Ranch House Road - SBDV-0826-2019 Page 6 20. The proposed project shall comply with the City's Development Standards for Solid Waste Services. Fire Department 21. City Standard fire hydrants shall be provided so that no exterior wall is more than 300 feet from a fire hydrant, subject to the satisfaction of the Fire Marshal and Chief Building Official. Indemnification 22. 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 of Vice -Chair Jorgensen, seconded by Commissioner Hopkins, and on the following roll call vote: AYES: Commissioners Hopkins, Quincey, Shoresman, Wulkan, Vice -Chair Jorgensen, and Chair Dandekar NOES: None ABSENT: Commissioner Kahn RECUSED: None The foregoing resolution was adopted this 91h day of September 2020. Tyler Core S ary Planning G mission