HomeMy WebLinkAboutR-11110 approving a Vesting Tentative Tract Map (VTTM 3150) for the NG-90 Zone of San Luis Ranch Specific Plan (1035 Madonna Rd, SBDV-0747-2019)R 11110
RESOLUTION NO. 11110 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A VESTING TENTATIVE TRACT
MAP (VTTM 3150) WITHIN PREVIOUSLY APPROVED VESTING
TENATIVE 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
APRIL 7, 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 recommended
approval of Vesting Tentative Tract Map 3150 as conditioned pursuant to said application; and
WHEREAS, the City Council 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 April 7,
2020, pursuant to a proceeding instituted under SBDV-0747-2019, MI San Luis Ranch, LLC,
applicant; and
WHEREAS, the City Council 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council hereby approves the project (SBDV-0747-
2019), based on the following findings:
Resolution No. 11110 (2020 Series) Page 2
R 11110
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
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.
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 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.
Resolution No. 11110 (2020 Series) Page 3
R 11110
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.
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 Ser ies). 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 FEI R 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.
Resolution No. 11110 (2020 Series) Page 4
R 11110
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 City Council hereby approves 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 March 11, 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.
Resolution No. 11110 (2020 Series) Page 5
R 11110
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.
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.
Resolution No. 11110 (2020 Series) Page 6
R 11110
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 recor ded
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
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 proposed private water main within the public right of
way and shall install a 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
domestic water service shall have a separate water system with a master meter and private
sub-meters that includes an RP-backflow preventor per Engineering Standards for sites
utilizing recycled water.
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 avai lable
from the City’s Utilities Department.
Resolution No. 11110 (2020 Series) Page 7
R 11110
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.
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 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).
Resolution No. 11110 (2020 Series) Page 8
R 11110
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.
Upon motion of Council Member Christianson, seconded by Council Member Pease, and on
the following roll call vote:
AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of April 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ______________________.
____________________________________
Teresa Purrington
City Clerk