HomeMy WebLinkAboutr 10580 Approving Vesting Tentative Tract Map 3080 Rockview PlaceRESOLUTION NO. 10580 (2014 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A VESTING TENTATIVE TRACT
MAP WITH EXCEPTIONS TO PROPERTY DEVELOPMENT
STANDARDS, A USE PERMIT ALLOWING DEVELOPMENT OF A
NINE -UNIT RESIDENTIAL PROJECT ON A SITE WITH SPECIAL
CONSIDERATIONS (R -2 -S ZONING), AND MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT. 3080 ROCKVIEW
PLACE; TR/A/ER 202 -13 (TRACT 3057)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings on May 14, 2014 and August 27, 2014, at which they reviewed the proposed project and
recommended approval to the City Council; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing on October 6, 2014, at which they reviewed the proposed project and
granted approval of the site design and architecture; and
WHEREAS, on November 18, 2014, the City Council conducted a public hearing in the
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of
considering application TR/A /ER 202 -13, a request for a Use Permit to allow development of a
site zoned Medium - Density Residential with a Special Considerations overlay with a nine -unit
Common Interest Subdivision and Vesting Tentative Tract Map for a residential subdivision; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by the Planning
Commission and staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings approving the request for Vesting Tentative Tract Map 3057, including
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Resolution No. 10580 (2014 Series)
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exceptions to property improvement standards for new common interest subdivisions, and Use
Permit A 202 -13 to allow development of a site with the Special Consideration overlay zoning:
Subdivision Findings
1. The proposed subdivision, together with the provisions for its design and improvement, is
consistent with the General Plan and Airport Land Use Plan, including compatibility with
the objectives, policies, general land uses and programs specified in the General Plan for
Medium Density Residential land uses.
2. As demonstrated by the Winter Solstice Shading Plan and Conceptual Landscape Plan,
the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision.
3. As conditioned, the subdivider will defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attach set aside, void or annul an approval of the City
Council, Planning Commission, or City Staff concerning a subdivision.
4. The proposed tentative tract map is consistent with the General Plan, including LUE
Policies 2.2.11, 2.2.8 and 2.2.6, and HE Policies 4.2 and 6.14, because the subdivision
will provide residential development anticipated by the General Plan and preserve and
incorporate as amenities, natural site features, and sensitive natural resources.
5. The site is physically suited for the proposed type of development because the project has
been designed to utilize available residential density while enhancing creek resources.
6. The project is consistent with the intent of the City's Common Interest Subdivision
standards, in that it provides for small ownership units with private and common
amenities in a compact, cohesive manner.
7. With the incorporation of the recommended conditions and mitigation measures, the
design of the subdivision and improvements are not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their
habitat because the project will create beneficial enhancement of degraded natural
resources.
8. The design of the subdivision, or type of improvements, is not likely to cause serious
public health or safety problems because the type of improvements are appropriate for the
location and will be designed to meet existing building and safety codes.
9. The design of the subdivision, or the type of improvements, will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision because such easements will be maintained.
Resolution No. 10580 (2014 Series)
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Affordable Housing
10. The development of one home restricted for a moderate - income family on -site is consistent
with the City's inclusionary housing requirements which require that projects of this size
provide one affordable unit on -site or pay the in -lieu housing fee
11. The proposed project, which provides a deed - restricted unit affordable to moderate -
income households, is consistent with policies and programs of the General Plan that
encourage new development to accommodate affordable housing production and variety.
By providing this affordable unit within the project, the City is able to approve a 7.5%
density bonus and one incentive. The specific incentive approved for the project is
allowing relaxation of setback standards, including street, other and creek setbacks that
do not create health and safety impacts as determined through the Mitigated Negative
Declaration prepared for the project
Exceptions to yard requirements (affordable housing incentive /concession)
12. There are circumstances of the site, such as the unusual configuration and bifurcation by
an open drainage channel, distinct from land in the same zoning, which would make
compliance with all setbacks infeasible.
13. Strict adherence to the required property improvement standards would decrease the size
or number of units within the project resulting in a significant loss of entitlement, and
inability to provide for restricted affordable housing on -site.
14. The reduced setbacks will not constitute a grant of special privilege; an entitlement
inconsistent with the limitations upon other properties in the vicinity with the same
zoning, as dedication of one on -site affordable unit, or 12.5% of the project, entitles the
project to at 7.5% density bonus and one incentive or concession.
15. No feasible alternative to authorizing the exception would satisfy the intent of the city
policies and regulations. Final configuration of the homes, including setbacks, has been
reviewed and approved by the Architectural Review Commission at their October 6, 2014
public hearing.
16. The location and design of the feature(s) receiving the exception will minimize impacts
to scenic resources, water quality, and riparian habitat, including opportunities for
wildlife habitation, rest, and movement, as it will facilitate the establishment of
gradually- sloped, vegetated creek bank.
17. The exception will not limit the city's design options for providing flood control
measures that are needed to achieve adopted city flood policies, as the newly engineered
creek channel has been designed to improve drainage through the site.
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18. The exception will not prevent the implementation of city- adopted plans, nor increase the
adverse environmental effects of implementing such plans, as the project includes
reestablishment of a creek channel at this location at a preferred gradual slope -bank.
19. There are circumstances applying to the site, such as its unusual shape and the need to
accommodate the existing culvert on neighboring properties, which does not apply
generally to land in the vicinity with the same zoning that would deprive the property of
privileges enjoyed by other property in the vicinity with the same zoning.
20. The exception will not constitute a special privilege — an entitlement inconsistent with the
limitations upon other properties in the vicinity with the same zoning, as the creek
channel will be improved by the proposed project.
21. The exception will not be detrimental to the public welfare or injurious to other property
in the area of the project or downstream, as the project will improve the creek channel
before it enters the existing culvert on the neighboring property.
22. Site development cannot be accomplished with a redesign of the project without reducing
proposed density and a dedicated affordable unit.
23. Redesign of the project would deny the property owner reasonable use of the property
and the ability to provide affordable housing on -site.
SECTION 2. Environmental Review. A Mitigated Negative Declaration was prepared
by the Community Development Department on May 7, 2014. The City Council finds and
determines that the project's Mitigated Negative Declaration adequately identifies that there is no
foreseeable potential for significant environmental impacts by the proposed project. The City
Council does hereby adopt the proposed Mitigated Negative Declaration (ER 202 -13) with
incorporation of the following mitigation measures:
Mitigation Measure 1: Air Quality
1. During construction/ground disturbing activities, the applicant shall implement the
following particulate (dust) control measures.
a. Reduce the amount of disturbed area where possible.
b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. Increased watering frequency will be required whenever wind
speeds exceed 15 m.p.h. and cessation of grading activities during periods of winds
over 25 m.p.h. Reclaimed (non - potable) water is to be used in all construction and
dust - control work.
c. Dirt stock pile areas (if any) should be sprayed daily as needed.
d. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved
surface at the construction site.
e. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with California Vehicle Code Section 23114.
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f. Scheduling of construction truck trips during non -peak hours to reduce peak hour
emissions.
g. If determined to be needed, periodic wash downs or mechanical street sweeping of
streets in the vicinity of the construction site shall be done.
➢ Monitoring Plan, MM #1: These measures shall be shown on grading and building
plans. In addition, the contractor shall designate a person or persons to monitor the
dust control program and to order increased watering, as necessary, to prevent
transport of dust off site. Their duties shall include holiday and weekend periods
when work may not be in progress. The name and telephone number of such persons
shall be provided to the Community Development and Public Works Departments
prior to commencement of construction.
Mitigation Measure 2: Biological Resources
2. The project shall incorporate the following erosion control measures for work in and
around the riparian corridor:
a. No heavy equipment should enter flowing water.
b. Equipment will be fuelled and maintained in an appropriate staging area removed
from the riparian corridor.
c. Restrict all heavy construction equipment to the project area or established staging
areas.
d. All project related spills of hazardous materials within or adjacent to the project area
shall be cleaned up immediately. Spill prevention and clean up materials should be
onsite at all times during construction.
e. All spoils should be relocated to an upland location outside the creek channel area to
prevent seepage of sediment in to the drainage /creek system.
➢ Monitoring Plan, MM #2: All construction and grading plan sets shall clearly note the
above mitigation measures on applicable sheets and be clearly visible to contractors and
City inspectors. Prior to issuance of building permits, a pre- construction meeting is
required between Associate Planner, Marcus Carloni (or assigned planner) and the project
contractor supervisor to ensure the above requirements are understood and complied with
at all times. Community Development Department staff and Public Works staff will
periodically inspect the site for continued compliance with the above mitigation
measures.
Mitigation Measure 3: Cultural Resources
3. If materials (including but not limited to bedrock mortars, historical trash deposits, and
human burials) are encountered during excavation, work shall cease until a qualified
archaeologist makes determinations on possible significance, recommends appropriate
measures to minimize impacts, and provides information on how to proceed in light of
the discoveries. All specialist recommendations shall be communicated to the City of San
Luis Obispo Community Development Department prior to resuming work to ensure the
Resolution No. 10580 (2014 Series)
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project continues within procedural parameters accepted by the City of San Luis Obispo
and the State of California.
➢ Monitoriny, Plan, MM #3: All construction and grading plan sets shall clearly note the
above mitigation measures on applicable sheets and be clearly visible to contractors and
City inspectors. Prior to issuance of building permits, a pre- construction meeting is
required between Associate Planner, Marcus Carloni (or assigned planner) and the project
contractor supervisor to ensure the above requirements are understood and complied with
at all times. Community Development Department staff and Public Works staff will
periodically inspect the site for continued compliance with the above mitigation
measures.
SECTION 3. Action. The City Council hereby approves the Vesting Tentative Tract Map
and Use Permit to allow development of a site with Special Considerations, and adoption of a
Mitigated Negative Declaration (TR/A/ER 202 -13), with incorporation of the following project
conditions:
Community Development Department - Planning
1. All exceptions to setback standards and conditions of approval, including those required
by the Architectural Review Commission, mitigation measures and easements shall be
shown on the final map and /or subdivision improvement /building plans.
2. Lot 5 shall provide an affordable housing unit in compliance with Section 17.91 of the
Municipal Code. An affordable housing agreement shall be recorded in compliance with
the City's Affordable Housing Standards subject to the approval of the City Attorney.
Community Development Department - Engineering
3. All easements shall be recorded on title with the individual lots.
4. Pursuant to Government Code Section 66474.9(b), the subdivider 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 subdivision, and all actions relating
thereto, including but not limited to environmental review ( "Indemnified Claims "). The
City shall promptly notify the subdivider of any Indemnified Claim upon being presented
with the Indemnified Claim and City shall fully cooperate in the defense against an
Indemnified Claim."
5. Some of the proposed lot lines are shown relatively close to the proposed building. Wall
rating requirements and opening protective will apply per Table R302.1(2). Proposed
setback dimensions shall be clearly shown on plans to assess the requirements based on
Table as referenced.
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6. Park in -lieu fees shall be paid for each lot prior to map recordation in accordance with the
fee resolution in effect at the time of final map submittal /recordation.
7. Complete frontage improvements are required as a condition of the subdivision and
development. All improvements shall be designed and constructed in accordance the
City Engineering Standards and Standard Specifications in effect at the time of submittal
of said improvements. The required subdivision improvements shall be completed or
covered by an appropriate surety prior to map recordation.
8. Grade and line shall be established by the developer for the new curb and gutter to the
satisfaction of the Public Works Director. A separate public improvement plan may be
required where grades and alignment have not been established or where significant
discrepancies are discovered. The developer is responsible for any required engineering
and /or surveying. Record drawings shall be provided at the completion of construction.
9. The required public and private subdivision improvements may be completed with a
separate subdivision improvement plan submittal processed through the Public Works
Department. As an alternate, the building plan submittal may be used to show all required
improvements. Improvements located within the public right -of -way will require a
separate encroachment permit and associated inspection fees. A separate plan review fee
based on the fee resolution in effect at the time of plan submittal will be required for the
Public Works Department review of the subdivision improvements associated with the
building plan submittal.
10. The final map shall show and note the offer of dedication for the sidewalk, public
pedestrian easement for any ADA sidewalk extensions, a 10' PUE, and a 10' street tree
easement.
11. Any required or proposed off -site easements or license agreements shall be secured or
recorded prior to or concurrent with recordation of the map or prior to construction.
12. Private easements for access, parking, maneuverability, drainage, utilities, and open
space shall be shown and noted on the final map. Some or all of the private easements
may be in the form of a blanket easement. The common driveway and any maintenance
agreements shall be recorded in conjunction with the map.
13. The open space easement, drainage easement, and any easement agreements shall be
reviewed and approved to the satisfaction of city's Natural Resource Manager and Public
Works Department in conjunction with recordation of the map. Restoration planting
within the open space and creek corridor shall be approved by the Natural Resource
Manager.
14. The final map or additional map sheet shall show the limits of 100 -year flood inundation
in accordance with the drainage analysis and as generally shown on the tentative map.
15. The updated project soils report shall be referenced on the map or on an additional sheet.
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16. The parcel map /final map preparation and monumentation shall be in accordance with the
city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act.
17. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall
be tied to the City's Horizontal Control Network. At least two control points shall be used
and a tabulation of the coordinates shall be submitted with the final map or parcel map.
All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Christianson, and on the
following roll call vote:
AYES: Council Members Ashbaugh, Carpenter and Smith,
Vice Mayor Christianson and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of November 2014.
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Mayp J, Marx
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ATTEST:
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City Clerk
Resolution No. 10580 (2014 Series)
Page 9
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this day of o vv'. 4-11 _z_- L