RECOMMENDATION(S): (CONT'D)
4. ADOPT the Mitigated Negative Declaration and Mitigation Monitoring Reporting Plan prepared for the Project.
5. ADOPT the attached Findings for the Project.
6. APPROVE the attached Conditions of Approval for the Project.
7. ADOPT Board Resolution No. 2017/425, approving the General Plan Amendment reclassifying land to Single-Family Residential — High Density (County File #GP15-0002) for the Project.
8. ADOPT Ordinance No. 2017-29, rezoning land to the Planned Unit Development (P-1) District, and adopt the associated variance (County File #RZ16-3231), for the Project.
9. APPROVE the Preliminary and Final Development Plan (County File #DP16-3018) for the Project.
10. ACKNOWLEDGE that the County Planning Commission approved the Vesting Tentative Map (County File #SD16-9432) for the Project, and approved the Tree Permit entitlement for the Project, and no appeal of these approvals was filed.
11. DIRECT the Department of Conservation and Development Director or his designee to file a Notice of Determination with the County Clerk.
12. SPECIFY that the location and custodian of the record of proceedings is the Department of Conservation and Development, 30 Muir Road, Martinez, California.
FISCAL IMPACT:
The applicant has paid the necessary application deposit, and is obligated to pay supplemental fees to cover all additional costs associated with the application process.
BACKGROUND:
Project Summary
This hearing is to consider the General Plan Amendment (County File #GP15-0002), Rezoning (County File #RZ16-3231), and Final Development Plan (County File #DP16-3018) elements of the proposed five-lot subdivision project. On October 25, 2017, the County Planning Commission heard the project and approved the proposed Major Subdivision (County File #SD16-9432) and Tree Permit application. The County Planning Commission provided recommendations of approval for County Files # GP15-0002, #RZ16-3231, and #DP16-3018 that require Board approval.
Timeline:
- Board of Supervisors authorized the General Plan Amendment Study Request on December 8, 2015.
- Applications for a rezoning, subdivision, and development plan were filed with the Department of Conservation and Development for a proposal for a Rezoning, Subdivision, and Development Plan to allow a six-lot subdivision with two common parcels on March 28, 2016.
- The project was initially heard at the September 27, 2017, County Planning Commission hearing; however, it was continued to allow the applicant to revise the project to address the concerns indicated at the hearing.
- The revised project for a five-lot subdivision was approved at the October 25, 2017, County Planning Commission hearing and the Commission recommended approval for the other elements of the project.
Original Proposal Considered by the County Planning Commission
The applicant originally requested a General Plan Amendment to change the designation of the subject property from Single-Family Residential-Medium Density (SM) to Single-Family Residential-High Density (SH) and to rezone the subject property from Single-Family Residential (R-10) to a Planned Unit District (P-1). The request also included approval of a Vesting Tentative Map to subdivide an approximately 0.96-acre property into six single-family residential lots (ranging in area from 3,196 - 9,660 square feet), and two common parcels, Parcel A (6,348 square feet) for a private road and Parcel B (1,348 square feet) for six guest parking spaces, and a request to approve a Final Development Plan for the project.
The original project proposal was to allow the construction of six, two-story residences (ranging in size from 1,677 – 2,419 square feet of living area). Three floor plans were proposed for the residential development, which included 4-5 bedrooms, 4 bathrooms, and two car garage. The guest parking area (Parcel B) was proposed between Lots 5 and 6, and would have provided six 8' x 17' parking spaces. The original proposal also included removal of 13 code-protected trees from the property, and work within the drip line of 18 trees.
Other aspects of the original proposal have not changed. The existing residence is proposed to be demolished Two, 24-foot wide driveways would provide access to the property from Olympic Boulevard. The driveways connects in a horseshoe shape for the 20-foot wide private road (Parcel A), which will be parallel to Olympic Boulevard. There are no sidewalk improvements on the property and in order to comply with the County’s Subdivision Ordinance, installation of a sidewalk along the entire frontage would be required. The applicant has proposed a meandering sidewalk that extends beyond the existing street-right-of-way in order to preserve mature trees along the frontage of the property. Grading on-site involves movement of approximately 510 cubic yards of dirt. A variance is being sought to allow the rezoning of a 0.96-acre property to P-1 (where five acres is the minimum) and an exception to the creek structure setback requirements of the County Subdivision Ordinance are also included in the project.
County Planning Commission Hearings
The County Planning Commission heard the project at the September 27, 2017, meeting. The Commission opened the public hearing and received testimony from the applicant, property owners, and seven speakers. The seven speakers included six neighboring property owners and the attorney representing the neighbors. The concerns received related to the density of the project, impacts to the creek, impacts as a result of tree removal, and privacy. The Commission also provided comments at the hearing indicating that the project was too dense, did not include driveways that could accommodate parking, lacked compatibility with the neighborhood, and expressed concerns with the number of trees to be removed. The Commission recommended that the applicant return to the Commission with a revised project.
On October 5, 2017, the applicant submitted a revised project a five lots, including a total of 12 guest parking spaces, removal of 11 trees, and work within the drip line of 20 trees. After receiving testimony and considering the revised project, the Commission approved the project at the October 25, 2017, meeting. No appeals were received for the subdivision approval of the project.
Revised Project Components
The revisions to the project as approved by the County Planning Commission on October 25, 2017, primarily include the reduction of single-family residential lots from six, to five, ranging in area from 4,727 - 9,660 square feet. The size of the interior lots (Lots 2, 3, and 4) increased as part of this revision. The two common parcels would remain, with Parcel A being approximately 6,348 square feet for the driveway and Parcel B increasing to 1,516 square feet to accommodate for seven guest parking spaces. Instead of three floor plans, four floor plans are proposed for the revised residential development. Below are the details for Plans One, Two, Three, and Four.
Revised Project Components
| |
Living Area (sq. ft.) |
Number of Bedrooms |
Number of Bathrooms |
Height |
| Plan One |
1,840 |
4 |
4 |
26' - 2" |
| Plan Two |
1,677 |
4 |
4 |
26' - 10" |
| Plan Three |
2,419 |
5 |
4 |
23' - 4" |
| Plan Four |
1,819 |
4 |
4 |
25' - 8" |
The proposed residences would remain two stories and would have two car garages. The proposed residences would be traditional in design, with stucco siding and concrete tile roof.
The guest parking area (Parcel B) would be between Lots 4 and 5 and would provide seven 8' x 17' parking spaces. Two additional 8' x 18' parking spaces will be located between Lots 3 and 4, and three additional 8' x 22' parking spaces would be located along Parcel A between the meandering sidewalk. Thus, a total of 12 guest parking spaces is proposed to provide parking on the subject property The project is not required to provide guest parking spaces; however, given the limitations and inability to accommodate street parking on Olympic Boulevard, the applicant has included guest parking for the project. The number of trees proposed for removal decreased to 11 code-protected trees, but the impact to trees increased to 20 trees. The horseshoe shape private road would remain as access to and from the property from Olympic Boulevard.
Consistency with the General Plan and Zoning
General Plan Consistency: The current General Plan land use designation for the subject property is Single-Family Residential-Medium Density (SM). The project involves an amendment to the General Plan designation from SM to Single-Family Residential-High Density (SH). Per the SH designation, a density range of 5.0 to 7.2 single-family units per net acre is allowed. The subject property is 0.96 acres (gross) and 0.79 acres (net). Based on the net acreage, a maximum of five units would be allowed, as the density of the proposed project would be 6.32 units per net acre . The proposed subdivision would be within the density allowed for the property. Furthermore, the project involves the development of the property with single-family residences, which is consistent with the uses allowed in SH.
The subject property is located within the Urban Limit Line (ULL) and is consistent with the following policy:
- Policy 3-8: Infilling of already developed areas shall be encouraged. In accommodating new development, preference shall generally be given to vacant or under-used sites within urbanized area, which have the necessary utilities installed with available remaining capacity, before undeveloped suburban lands are utilized.
Although an existing residence is located on the subject property, most of the property has remained undeveloped over the past decade. Due to the location of the property being immediately adjacent to a commercial cluster and a high-volume arterial such as Olympic Boulevard, a higher-density project would be appropriate for the subject property. The project is an infill project in an already-developed area sandwiched between commercial uses and residential uses. The project would be a good transition from commercial properties at the intersection to the less-dense single-family residential development located north and west of the property.
The following Transportation Policies of the County’s Transportation Element also support the project.
- Policy 5-13: The use of pedestrian and bicycle facilities shall be encouraged. Property facilities shall be designed to accommodate bikes, pedestrians, and transit.
- Policy 5-24: Use of alternative forms of transportation, such as transit, bike, and pedestrian modes, shall be encouraged to provide basic accessibility to those without access to a personal automobile and help minimize automobile congestion and air pollution.
According to Figure 5-3 of the Transportation and Circulation Element, the subject property is located within a Transit Network Plan and within Local Transit Service Area. The County plans to implement bicycle and pedestrian improvements along Olympic Boulevard, as identified in the Olympic Corridor Trail Connector Study, near the subject property. Frontage improvements to the subject property along Olympic Boulevard are required to conform to the standards identified in the study. Alternative modes of transportation are within close proximity to the property and are accessible for the development. As proposed, the project is consistent with the County’s General Plan, especially the goal to reduce greenhouse gas emissions by establishing housing within an area that provides multi-modal access.
The project is also consistent with the following Housing Goal and Policy of the County’s Housing Element.
- Goal 6: Provide adequate sites through appropriate land use and zoning designations to accommodate the County’s share of regional housing needs.
- Policy 7.3: Encourage P-1 zoning in areas with concentrations of applicants seeking variances.
The subject property is located within the Saranap area of the County. This area is an established neighborhood. This lot is under-utilized and the subdivision is an infill project, which would be appropriate for the location. A similiar variance to rezone a property with less than the five acres required for residential uses in a P-1 Zoning District was approved in 2015 for a 1.12-acre property located south of the subject property off Tice Valley Boulevard (Westborough Condominium). The proposed project complies with the SH General Plan land use designation and applicable General Plan policies.
Zoning Compliance: The subject property is located within the Single-Family Residential (R-10) Zoning District. The project involves a rezoning of the property from R-10 to a Planned Unit District (P-1). There are no minimum lot sizes, height, or setback requirements in the P-1 Zoning District. However, in approving a Planned Unit District, a development must sustain desirability and stability, and be in harmony with the character of the surrounding neighborhood.
The proposed project is consistent with the neighborhood. The area consists of residential uses that includes one-story and two-story homes. Use of the property for residential buildings is a permitted use that also maintains consistency with the established area, which includes a variety of uses such as single-family residences, duplexes, retail businesses and commercial uses. The proposed project is located on a property that is a good transition from commercials properties at the intersection of Olympic Boulevard and Tice Valley Boulevard/Boulevard Way to a less-dense single-family residential development located to the north and west of the subject property. Furthermore, the project will provide additional housing to the area.
Conclusion
The project is consistent with applicable goals and policies of the General Plan, and also with the intent of the proposed P-1 district. Therefore, staff recommends the Board of Supervisors approve the General Plan Amendment, Rezoning, Final Development Plan and related actions, as recommended by the County Planning Commission.
CONSEQUENCE OF NEGATIVE ACTION:
In the event that the proposed project is not approved, the applicant will not obtain approval of the required General Plan Amendment, Rezoning, and Development Plan entitlements needed to allow the proposed Olympic Boulevard five-lot project.
CHILDREN'S IMPACT STATEMENT:
The project to allow the General Plan Amendment, Rezoning, and Development Plan entitlements for the subject property is consistent with the following outcome established in the Children’s Report Card: 5 - Communities are safe and provide a high quality of life for children and families.
CLERK'S ADDENDUM
Speakers: Atri Macherla, Applicant; Kaisa Lyon, resident of Walnut Creek.
CLOSED the public hearing;
FOUND that the Mitigated Negative Declaration prepared for the Project adequately analyzes the Project’s impacts, that there is no substantial evidence that the Project with the proposed mitigation measures will have a significant effect on the environment, and that the Mitigated Negative Declaration reflects the County’s independent judgment and analysis;
ADOPTED the Mitigated Negative Declaration and Mitigation Monitoring Reporting Plan prepared for the Project;
ADOPTED the Findings for the Project;
APPROVED the Conditions of Approval for the Project, with COA No. 20 amended to change the box size of the trees to be planted from 48 inches to 24 inches and to increase the number of tress from 5 to 8;
ADOPTED Resolution No. 2017/425, approving the General Plan Amendment reclassifying land to Single-Family Residential — High Density for the Project;
ADOPTED Ordinance No. 2017-29, rezoning land to the Planned Unit Development (P-1) District, and adopt the associated variance for the Project;
APPROVED the Preliminary and Final Development Plan (County File #DP16-3018) for the Project;
ACKNOWLEDGED that the County Planning Commission approved the Vesting Tentative Map (County File #SD16-9432) for the Project, and approved the Tree Permit entitlement for the Project, and no appeal of these approvals was filed;
DIRECTED the Department of Conservation and Development Director or his designee to file a Notice of Determination with the County Clerk;and
SPECIFIED that the location and custodian of the record of proceedings is the Department of Conservation and Development, 30 Muir Road, Martinez, California.