STAFF REPORT PLANNING COMMISSION REGULAR MEETING OF OCTOBER 20, Debbie Hill, Associate Planner 9386-A1

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1 STAFF REPORT PLANNING COMMISSION REGULAR MEETING OF OCTOBER 20, 2015 PREPARED BY: AGENDA ITEM & FILE NUMBER: PROJECT DESCRIPTION: PROJECT SIZE & LOCATION: GENERAL PLAN: ZONING: OWNER/APPLICANT: Debbie Hill, Associate Planner Item No. 3; Vesting Tentative Subdivision Map No A1 An amendment to Vesting Tentative Subdivision Map No (VTSM 9386-A1) to modify/remove project-specific conditions of approval related to easements for a 27 lot single-family residential project known as the Maffeo subdivision. The overall project area comprises 9.1 acres located east of O Hara Avenue, west of Adams Lane, south of the future extension of Big Basin Drive, and just north of the East Bay Municipal Utility District s Mokelumne Aqueduct (APN ) R-LD (Residential Low Density) Planned Development 54 (PD-54) Maffeo Properties/Braddock & Logan Services, Inc. PREVIOUS ACTIONS: On August 23, 2005, the City Council approved General Plan Amendment No , amending the land use designation from Ranchette Estate to Very-Low Density Residential, and Rezone 05-02, changing the zoning designation from Ranchette Estate to Single-Family Residential Estate. On June 27, 2006, the City Council approved Tentative Subdivision Map No. 9050, approving the subdivision of a acre project site into 59 single-family residential parcels, a remainder, and several miscellaneous parcels. On April 21, 2015, the Planning Commission recommended approval of a rezone (RZ ), and approved a vesting tentative subdivision map (VTSM 9386), and a design review (DR ) for the Maffeo project. On May 26, 2015, the City Council adopted the mitigated negative declaration for the Maffeo project.

2 On June 9, 2015, the City Council adopted an ordinance approving the rezone (RZ ) establishing development standards for the 9.1 acre Maffeo project site. BACKGROUND: In September of 2014, Braddock & Logan submitted an application requesting approval to subdivide a 9.1-acre project site into 27 new residential lots and two miscellaneous landscape parcels, one to treat stormwater runoff. The lots ranged in size from 8,250 to 17,454 square feet, with an average lot size of 9,978 square feet. The project also included an application for a rezone to establish development standards for the project and a design review for the homes on the lots. At its April 21, 2015, meeting, the Planning Commission recommended approval of the rezone to the City Council and approved the vesting tentative subdivision map and design review for the project. The rezone was subsequently approved by the City Council on June 9, The approved vesting tentative subdivision map included two conditions of approval that relate to abandoning easements on the project site. The developer is now requesting that these two conditions (conditions of approval number 20 and 27) be removed. Surrounding Land Uses North An undeveloped parcel for which a tentative map was recently approved (Mangini property) for 36 single family lots and the future extension of Big Basin Drive and a potential middle school site beyond East A single-family residential tract (Verona) currently under construction South East Bay Municipal Utility District Mokelumne Aqueduct West A single-family residential tract (Sterling Preserve III) and O Hara Avenue beyond Detailed Project Description Braddock & Logan has requested an amendment to the approved vesting tentative subdivision map (VTSM 9386) to eliminate conditions of approval number 20 and 27 of Planning Commission Resolution No These two conditions currently read as follows: 20. The developer shall abandon the existing Irrigation Easement encumbering Lot Nos and Parcel B prior to final map approval to the satisfaction of the Director of Public Works/City Engineer. 27. The property owner/developer shall abandon the easement for roadway, irrigation and utility purposes, per Book 5062 of Official Records, Page 470 under Recorder s Serial Number 13800, held in favor of the project site (APN ) at the time of the recordation of the final map, or within 30 days of a notice from the Director of Public Works/City Engineer, on the adjacent Mangini Property (APN ). ANALYSIS: A 15-foot easement exists along the eastern property boundary of the Maffeo property in favor of the Mangini property to the north in order to provide water service from the East Bay Municipal Utility District property. In addition, the Mangini property to the north reflects an existing 30-foot wide easement for roadways, irrigation, and utilities situated adjacent to the 2

3 westerly project boundary. This easement is held in favor of the Maffeo property. As tentative maps were processed on both properties, both maps are conditioned to secure quitclaim of the easements on their own property and to grant quitclaim of the easements in favor of the other property. Both conditions were added to both maps, as it was unknown which final map would be recorded first. In relation to the elimination of condition number 20, which encumbers lots along the east side of the property, Braddock & Logan has argued that it is not in control of the easement over its property in favor of the Mangini parcel to the north. Although staff would greatly prefer that the easement be removed prior to final map approval so that the individual lots are not encumbered, without the owners of the Mangini parcel agreeing to the request, there is not much that can be done to remove the easement. Since the filing of the amendment application, staff has discussed modifying condition number 20 versus eliminating it in its entirety, and the developer has agreed to the revised wording of this condition, as follows: 20. Prior to filing a final map, the developer shall make a good faith effort, subject to the review and approval of the Public Works Director, to work with the holder of the irrigation easement over lots 13 through 15 to eliminate the easement. As to the elimination of condition number 27, which is in relation to an existing 30-foot wide easement for roadways, irrigation, and utilities situated adjacent to the westerly property line boundary on the Mangini property in favor of the Maffeo property, Braddock& Logan has noted that including this condition represents a taking of its property rights. Although the two projects were processed as two separate developments, the projects were presented to the City as a cohesive development, coordinated together, with the same engineer, although under different property ownership. By placing these two conditions on both projects, it was the intent of City staff to facilitate orderly development of both subdivisions. Although City staff does not represent that it necessarily agrees with Braddock & Logan on its legal position, staff does agree that it is not in the City s best interest to become involved in disputes over private property rights. Therefore, staff is in agreement with the elimination of condition number 27 as proposed by Braddock & Logan. Should this amendment be approved, it should be expected that the owners of the Mangini property will also pursue an amendment to its conditions of approval to eliminate similar conditions imposed on that approval. DATE OF NOTICE: A public hearing notice was published in the Brentwood Press and mailed to property owners within 300 feet of the site on October 9, 2015, and the project site has been posted with the required signage. During the processing of the application, no comments were received from neighboring property owners or members of the public at large. ENVIRONMENTAL DETERMINATION: A mitigated negative declaration was previously prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). Several potentially significant impacts were identified; however, mitigation measures were incorporated to reduce those impacts to less than significant levels. All mitigation measures not addressed by the standard 3

4 conditions of approval were included as recommended conditions of approval on the original vesting tentative subdivision map approval. This project entails elimination of conditions of approval that would not pose any environmental impact; therefore, no further environmental review is necessary. RECOMMENDATION: Adopt Resolution No approving the amendment to the vesting tentative subdivision map (VTSM 9386). ATTACHMENTS: 1. Resolution No Planning Commission Resolution No approving VTSM Aerial Photograph of the project site and surrounding properties 4. Project Location Map 5. Approved VTSM

5 PLANNING COMMISSION RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO VESTING TENTATIVE SUBDIVISION MAP NO (VTSM 9386-A1) TO MODIFY/REMOVE PROJECT-SPECIFIC CONDITIONS OF APPROVAL RELATED TO EASEMENTS FOR A 27 LOT SINGLE-FAMILY RESIDENTIAL PROJECT KNOWN AS THE MAFFEO PROPERTY LOCATED EAST OF O HARA AVENUE, WEST OF ADAMS LANE, SOUTH OF THE FUTURE EXTENSION OF BIG BASIN DRIVE, AND JUST NORTH OF THE EAST BAY MUNICIPAL UTILITY DISTRICT S MOKELUMNE AQUEDUCT (APN ). WHEREAS, Braddock & Logan Services, Inc., has requested that the City approve an amendment to an approved vesting tentative subdivision map (VTSM 9386) to eliminate conditions of approval numbers 20 and 27 of Planning Commission Resolution No related to the abandonment of easements on the property; and WHEREAS, subsequent to the filing of the amendment application, Braddock & Logan has agreed to the modification, instead of elimination, of condition of approval number 20; and WHEREAS, Vesting Tentative Subdivision Map No was previously approved by the Planning Commission by Resolution No on April 21, 2015, to subdivide approximately 9.1 acres into 27 single-family residential lots and two miscellaneous parcels, as well as related improvements; and WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Brentwood Press on October 9, 2015, and the project site has been posted with the required signage, in accordance with City policies and Government Code Section 65090; and WHEREAS, an initial study and mitigated negative declaration were previously prepared for this project in accordance with the California Environmental Quality Act (CEQA) and were adopted by the City Council on May 26, 2015; and this project entails elimination of conditions of approval that would not pose any environmental impact; therefore, no further environmental review is necessary; and WHEREAS, the Planning Commission of the City of Brentwood has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project; and WHEREAS, the Planning Commission of the City of Brentwood held a public hearing on this project at its regular meeting of October 20, NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Brentwood: A. Hereby finds that: 1. The proposed amendment to the vesting tentative subdivision map, together with the provisions for the design and improvement of the proposed subdivision, are in conformance with the City s General Plan, Zoning Ordinance, and Subdivisions and Land Development Ordinance, in 1

6 that the number of lots is within the density range specified in the Low Density Residential land use designation and below the mid-range density, and the proposed parcels meet the development standards in accordance with the proposed regulations of Planned Development No. 54 and the modification or elimination of the specified conditions of approval will not alter the design; and 2. The project site is not currently within any adopted or proposed specific plan area; and 3. The discharge of waste from the proposed subdivision will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board because the applicant will be required to make the necessary improvements to tie in to the City s stormwater and sewer facilities, as well as treat all stormwater runoff; and 4. The design of the subdivision and the associated improvements are not likely to cause substantial environmental damage, nor is it likely to unavoidably injure fish or wildlife or their habitat as all potential impacts have been analyzed through the initial study prepared for the project and addressed through mitigation measures placed on the project as conditions of approval; and 5. The design of the subdivision and the associated improvements is not likely to cause serious public health problems due to the fact that this project will be required to construct all of the necessary improvements needed to ensure a safe and healthy development, including all Federal, State, and local regulations; and 6. The site is physically suitable for the type and the density of development proposed, in that it complies with the density and minimum parcel sizes specified in the General Plan Residential Low Density land use designations and with the development standards proposed for the Planned Development No. 54 Zone; and 7. The design of the subdivision and the associated improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision as alternative access, utility, and irrigation facilities will be constructed enabling continued service to properties serviced by existing easements. B. Hereby approves an amendment to Vesting Tentative Subdivision Map No eliminating condition of approval number 27 and modifying condition of approval number 20 of Planning Commission Resolution No , as follows: 20. Prior to filing a final map, the developer shall make a good faith effort, subject to the review and approval of the Public Works Director, to work with the holder of the irrigation easement over lots 13 through 15 to eliminate the easement. 2

7 C. Hereby finds that Planning Commission Resolution No remains in full force and effect, except as amended herein. The above actions are final unless an appeal is filed pursuant to Chapter of the Brentwood Municipal Code within ten (10) calendar days following Planning Commission action. ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting of October 20, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED: ATTEST: Lance Crannell Planning Commission Chairperson Erik Nolthenius Planning Manager 3

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22 ATTACHMENT NO. 3 MAFFEO PROJECT SITE AERIAL

23 ATTACHMENT NO. 4 MAFFEO VICINITY MAP

24 ATTACHMENT NO. 5