PLANNING COMMISSION STAFF REPORT OCTOBER 8, 2009

Transcription

1 PLANNING COMMISSION STAFF REPORT OCTOBER 8, 2009 Project: Proposal: Recommendation: Location: Area: People: Environmental Review: General Plan: Zoning: ACWD DEER ROAD TRACT MAP 7682 AND GRADING PLAN- () To consider Vesting Tentative Tract Map 7682 and a Preliminary Grading Plan for a ten lot subdivision on Deer Road in the Niles Planning Area. Approve, based on findings and subject to conditions. East Terminus of Deer Road in the Niles Planning Area APN: (See aerial photo next page) 4.3-acre site Alameda County Water District (ACWD), Applicant Robert Shaver, ACWD Engineering Manager, Agent of Applicant Eddie Sieu, RJA, Consultant Alameda County Water District, Owner Clifford Nguyen, Staff Planner (510) ; cnguyen@fremont.gov A Mitigated Negative Declaration has been prepared and circulated for this proposed project in accordance with the requirements of the California Environmental Quality Act (CEQA). Low Density Residential, 5-7 dwelling units per acre; Toe of Hill (Measure T); Hill-face Open Space R-1-6 (H-I), Single-family Residence District (Hillside Combining District); O-S, Open Space (area above the Toe of the Hill) EXECUTIVE SUMMARY: The applicant, Alameda County Water District (ACWD), requests approval of Vesting Tentative Tract Map 7682 and an accompanying Preliminary Grading Plan to facilitate the development of a ten-lot subdivision with new single-family homes. The site is currently undeveloped. A new public street ( Outlook Court ) and the completion of the Deer Road terminus with a cul-de-sac would be constructed with this development. The proposed project is consistent with the site s underlying General Plan designation of Low Density Residential, and is in compliance with the zoning standards of the R-1-6 (H-I), Single-family Residence District (Hillside Combining District) and Open Space. Staff recommends approval of the project based on the findings presented in this report, subject to conditions.

2 CANYON HEIGHTS DR CALIFORNIA POTTERY COMPANY RD STENHAMMER DR CANYON HEIGHTS DR CANYON HEIGHTS DR DEER RD DEER RD STENHAMMER DR CANYON HEIGHTS DR CANYON HEIGHTS DR Figure 1: Aerial Photo (2006) of Project Site and Surrounding Area. SURROUNDING LAND USES: North: Vacant Land (1.23-acre lot approved for 5-lot subdivision; Single-family residential South: Open Space East: Private and public open space West: Old SFPUC reservoir, single-family residential beyond October 8, 2009 Page 2 of 11

3 BACKGROUND AND PREVIOUS ACTIONS: There is no record of previous formal actions related to the project site; however, in April 2005, the Planning Commission and City Council was asked to provide comment and direction to staff on future home grading designs to accommodate a previous conceptual project for the site that was later withdrawn. The sole purpose of that discussion was on the application of the hill area grading standards (split- verses flat-building pads) on a previous conceptual proposal to comply with the City s established standards of minimizing grading by designing homes to step with the hillside. The City Council determined that the hill area development standards and policies must be followed as consistently applied. PROJECT DESCRIPTION: The proposed project consists of a Vesting Tentative Tract Map (Tract 7682) and a Preliminary Grading Plan for the subdivision of a 4.3-acre site into ten lots to facilitate the subsequent development of ten single-family homes. A new public street, Outlook Court, and the completion of the Deer Road terminus with a new cul-de-sac would be constructed. Associated site, landscape, grading, and drainage improvements are also proposed, including a storm drain V-ditch, debris bench and wetband on the site. The area of public street proposed for Outlook Court within the project site also includes approximately 1,100 square feet of the adjacent property to the west owned by San Francisco Public Utilities Commission. Additional off-site work in the vicinity of the site is also proposed for utility upgrades (i.e., water, sewer, and stormdrain facilities) within Deer Road, Stenhammer Drive, and Canyon Heights Drive. PROJECT ANALYSIS: General Plan Conformance: The existing General Plan land use designation for the project site is Low Density Residential (5-7 dwelling units per acre). The proposed project is consistent with the existing General Plan land use designation for the project site because the General Plan permits a development density of 5-7 dwelling units per acre (or 22 to 30 homes) for the site. However, the applicant proposes a lower project density of 2.3 dwelling units per acre (or ten homes). Staff supports the proposed density reduction due to the site s topographical constraints and its existing setting. The following General Plan Goals, Objectives and Policies are applicable to the proposed project: HOUSING GOAL 2: Ensure Availability of High Quality, Well-Designed and Environmentally Sustainable New Housing of All Types Throughout the City. Analysis: Staff finds that the proposed tract map and preliminary grading plan to facilitate development of ten new homes implements this Goal. Subsequent development of homes will be required to conform to City Zoning standards for the R-1-6 (H-I), Single-Family Residence District and Hillside Combining District, which includes site plan and architectural approval. The proposed preliminary grading plan is designed to conform to the City s hill area regulations, included providing rough grading for split-pads to accommodate individual future home foundations. The split-pads are designed to step down with the hillside, consistent with City October 8, 2009 Page 3 of 11

4 policies and requirements for development of homes within the hill area. No development would occur above the Measure T designed Toe-of-Hill area (where hill slope becomes 20% or greater), which traverses minor portions of the site s upper reach. LAND USE POLICY 1.9: To achieve a variety of housing types, the City has designated locations where moderate and higher density development is appropriate. Criteria for the location of higher density housing include access to transit, proximity to commercial areas, and proximity to a collector or arterial street. When the density range is between 6.5 and 70 units per acre...the minimum density of the project must be at the midpoint of the density range. Reductions in the midpoint density may be approved when environmental constraints preclude the achievement of the midpoint density. Analysis: Staff finds that the proposed project is consistent with this land use policy, as the site is not designated for moderate and higher density development. The minimum density for the project is not subject to meeting the midpoint of the density range because the underlying land use density range of 5-7 units per acre is lower than the moderate to higher ranges as stated above (i.e., from 6.5 to 70 units per acre). In addition, due to topographical environmental constraints, a reduced density as proposed is appropriate consistent with this policy. Zoning Regulations: Single-family use is allowed within the R-1-6 (H-I), Single-family Residence district (Hillside Combining) subject to standards contained in Articles 6 and 18.2, which include, but are not limited to: 30-foot height restrictions (as measured to the highest roof point); Limitations on grading to accommodate future home foundations and patios; Restrictions on retaining wall heights and locations; and Requirements for open-style fencing in the rear of the lot. The eventual development of homes within the proposed tract would be analyzed and approved by staff through the City s site plan and architectural review process during building permit review. Since the proposed design of the tract and preliminary grading plan conform to city hillside standards, future development of these homes would be achieved in compliance with these standards. October 8, 2009 Page 4 of 11

5 Highlighted below in the matrix are standards met by the proposed subdivision and preliminary grading plan: R-1-6 Standards Setbacks (for future homes) ACWD Tract 7682 and Preliminary Grading Plan Analysis Future development of homes within the tract can be sufficiently accommodated in conformance with the prescribed setback standards. The R-1-6 building setbacks are: a 20-foot front yard setback; a 25-foot rear yard setback; and, minimum side yard setbacks of 5 feet, total both sides 12 feet (or 6 feet, total both sides 15 feet for 2-story structure). Compliance Met? 6,000 S.F. Min. Lot Size Lot Dimensions of 55 feet by 100 feet 35 Min. Street Frontage H-I Standards 3 Max. Retaining Walls Exterior grading no greater than 3:1 slope (or 33%) 2% Increase in Lot Area Based on Land Slope 2% Increase in Lot Width Based on Land Slope The smallest lot (Lot 2) proposed is 9,206 square feet. The smallest lot (Lot 2) dimensions are 79 feet 106 feet. The smallest street frontage (Lot 2) is 56 feet. ACWD Tract 7682 and Preliminary Grading Plan Analysis No retaining walls exceed three feet in height. The proposed grading does not exceed a three horizontal to one vertical (3:1) slope. The standard requires a two percent increase in lot area for each one percent of land slope in excess of six percent. Based on the percent of land slope of individual lots in excess of six percent within the tract, all lots well exceed a minimum lot size required (e.g., 6,000 s.f. minimum lot area plus calculated 6.5% increase = 6,390 s.f.) The standard requires a two percent increase in lot width for each one percent of land slope in excess of six percent. Based on the percent of land slope measured at the location of building setbacks (or future home footprint) for each individual lot in excess of six percent within the tract, the slight increase in lot width varies. Each proposed lot exceeds these lot width increases of up to a calculated maximum of five feet for any lot within the tract (i.e., 55 lot width plus an additional 5 = 60 lot width). Compliance Met? Measure T Hill Area Initiative/ No Slopes in Excess of Thirty Percent: The project site sits just below the Toe of the Hill (TOH, as defined by the 2002 Hill Initiative passed by voters) the boundary where 20% slope begins on the hillside, which is subject to further regulation. The visible hill face is located October 8, 2009 Page 5 of 11

6 above the site. While the TOH traverses through upper portions of the site, no development or improvement are proposed above the TOH. In addition, no slopes on the site exceed thirty percent. As such, while the applicant is required to comply with Measure T Hill Area standards above the TOH, because no development is proposed above the TOH and no existing natural or proposed slopes within the site exceed thirty percent, restrictions imposed by these hill area standards are not at issue with the proposed project. Parking: The proposed layout of the tract map and design of the new public street would provide for onstreet parking on both sides, and individual lots could easily accommodate driveway aprons consistent with City standards to provide for additional uncovered parking. In addition, two covered garage parking spaces for each home subsequently proposed (or three if proposed homes contain five or more bedrooms) would also be eventually required. Design Analysis: Site Planning: The project site is located on a vacant hillside lot comprised of grassland and upland vegetation with a mean sea level elevation from 188 feet to 232 feet. The site is adjacent to existing single-family uses and open space to the west. Open space hillside exists to the east and south. The property to the immediate west is owned by San Francisco Public Utilities Commission and contains both vacant grassland and structures associated with the former Sunol Aqueduct, which include the Niles Reservoir, Niles Screen House and Nile s Keepers Cottage. The property to the east is vacant hillside, owned by East Bay Regional Park District. At the eastern terminus of Deer Road, just immediately north of the project site, is an adjacent 1.23-acre site where the Planning Commission has approved a 5-lot subdivision (Tract 7250) for Mission Peak Homes. To date, construction of this adjacent 5-lot subdivision has not commenced; however, its approval continues to be valid. The design of the proposed subdivision and preliminary grading plan takes into account the existing setting a continuation of the urban edge or interface at the foot of the hill with development concentrated at lower elevations of the site. A new public street is proposed with a temporary cul-de-sac to accommodate the option of a future connection to the Hartkopf property located to the east. The existing terminus of Deer Road would be completed with a new cul-de-sac while also connecting to the new public street. Completion of Deer Road is required for any development to occur beyond its current terminus. View Impacts: The subsequent development of homes would be required to conform to the topography of the hillside which would result in split pad grading on the lots as indicated on the preliminary grading plan. Homes designs would be required to step with the hillside. Since the grading plan design conforms to City hillside standards and that future residential use will follow these established standards there is a less than significant impact on visual resources and character. Circulation /Access Analysis: Deer Road provides access to the project site. Deer Road is an existing minor residential street with a fifty-foot right-of-way width and a pavement width of approximately 32 feet. Deer Road was originally constructed during the development of Tract 633, prior to City s incorporation. Deer Road will be extended eastward into the project site as a minor residential street and will be terminated with a standard cul-de-sac bulb. Sidewalk and driveways will be provided only along the project frontage of lot one and lot two. October 8, 2009 Page 6 of 11

7 Street Right-of-way Dedication & Improvements: The developer is required to dedicate right-of-way and install street improvements in accordance with the Subdivision Ordinance and Street Rights-of-way and Improvement Ordinance. The following outlines the right-of-way and street improvement requirements for this project: Deer Road is currently paved with asphalt and is bounded by asphalt swales, in lieu of standard curbs and gutters. The project will extend Deer Road to the east and terminate as a City standard minor residential cul-de-sac street. The subdivider shall install complete street improvements for the full width of Deer Road, except that sidewalk, driveways, and landscaping shall not be installed along the Deer Road frontage of the adjacent Mission Peak Homes property. Street improvements include, but are not limited to: installation of pavement, curb, gutter, sidewalk, landscape, irrigation, street lights, fire hydrant, and storm drain facilities. Deer Road Off-site Right-of-Way: Approximately half the right-of-way for the Deer Road extension is on the adjacent property to the north, currently owned by Mission Peak Homes. Prior to final map approval, the applicant shall obtain the off-site Deer Road right-of-way and dedicate it to the City, or the applicant cause the adjacent landowner to dedicate the off-site right-of-way to the City (Condition #6). The off-site right-of-way dedication and street improvement requirement for Deer Road is consistent with a similar condition of approval for the adjacent five lot subdivision, tentative tract Outlook Court is a proposed minor residential street with a temporary cul-de-sac at the south end. The ultimate right-of-way width for Outlook Court is 56-feet although the dedication along the SFPUC parcel to the west has been reduced to 50-feet. The subdivider shall dedicate right-of-way to the southern property line and provide complete street improvements for the new minor residential cul-de-sac street, Outlook Court, with a right-of-way of 56 feet, a pavement width of 34 feet, and a temporary residential cul-de-sac bulb. The subdivider shall install complete street improvements for the full width of Outlook Court, except that sidewalk shall not be installed along the SFPUC frontage to the west. Street improvements include, but are not limited to: installation of pavement, curb, gutter, sidewalk, driveways, temporary turnaround at the south end, landscape, irrigation, street lights, fire hydrant; utility mains to serve the development; and utility extensions to property line as determined by staff to facilitate future development on Hartkopf parcel to the south. Overlook Court Off-site right-of-way: A portion of the Overlook Court right-of-way and street improvements are within land owned by SFPUC. Prior to final map approval, the applicant shall obtain the off-site Overlook Court right-of-way and dedicate it to the City, or the applicant cause the adjacent landowner to dedicate the off-site right-of-way to the City (Condition #6). Grading: The 4.3 acre project site is currently vacant & undeveloped. The site slopes up to the East Bay Regional Park District Property (EBRPD) to the east. Existing slopes vary from approximately 15 percent to over 25 percent at the eastern boundary. Elevations vary from 188 feet at Deer Road terminus to 232 feet above sea level along the eastern boundary. The applicant is proposing to create conventional flat building pads on Lot 1 and 2 and to create split building pads on Lots 3 through 10 (deep lots). There is a ten-foot difference in elevation on each lot with split pads. A three-to-one (3:1) slope is proposed between the lower and upper pads. Houses on these eight lots shall be designed to conform to the October 8, 2009 Page 7 of 11

8 contours established with the grading plan approved in conjunction with the tentative map for Tract The applicant s engineer estimates the total project grading to be 8,000 cubic yards of cut and 7,500 cubic yards of fill resulting in approximately 500 cubic yards of export. Since the total grading (15,500 cubic yards) exceeds 1,000 cubic yards, Planning Commission approval of a Preliminary Grading Plan is required. A 20-foot wide debris bench with a concrete ditch is being proposed below the Toe of Hill line. This debris bench was recommended by the project geotechnical engineer and consists of a ten- to fifteenfoot wide flat area intended to catch topsoil or other loose material that sloughs off the slope above the property. The concrete ditch will capture runoff from the slope above, before it enters into the rear yard of the future houses. The developer proposes to install retaining walls along the uppermost edge of the split-pad lots (below the debris bench) and along the southern side of lot 10. The maximum heights of the retaining walls as shown are 3-feet in accordance with the Hillside Combining District (H-I) development standards. The retaining walls serve to limit the grading to the established Toe of Hill line. Drainage: The storm drainage facility for this site is Zone 5, Line A, also known as Alameda Creek. There are currently no underground storm drains on Deer Road, east of Canyon Heights Drive and the existing storm drain west of Canyon Heights Drive is under-sized to serve the proposed development. The project will upsize the existing storm drain system from the outfall west of Stenhammer Drive to Canyon Heights Drive and extend new storm drain east to the end of Deer Road. The proposed layout and upsizing of existing off-site storm drain facilities is shown on the tentative map. Overlook Court street improvements will include a storm drain that connects to the new storm drain in Deer Road. The storm drain within Outlook Court has been oversized to provide storm water storage and meter peak runoff to predevelopment levels per Alameda County Flood Control standards. Private storm drain systems on each lot consist of the concrete ditch below the debris bench, area drains, drainpipe, and front yard vegetative swales. Both the on-site and off-site drainage system shall be subject to review and approval of the City Engineer and the Alameda County Flood Control and Water Conservation District. Urban Runoff Clean Water Program: The Alameda Countywide National Pollution Discharge Elimination System (NPDES) Municipal Stormwater Permit requires all new development to incorporate measures to prevent pollutants from being conveyed in storm water runoff and into the public storm drain system. This project is required to comply with the NPDES permit by incorporating treatment measures into the project design. The project intends to meet the quantitative storm water treatment requirements by installing individual grassy swales for each lot of the subdivision. The public streets are being treated in underground vault with media based filter cartridges, which require specialized maintenance and will be maintained by the City. Prior to final map and subdivision improvement plan approval, the subdivider and project engineer will work with staff to incorporate additional landscape based storm water treatment measures for the public street as an alternative to, or in addition to, the proposed underground vault. Alternative treatment measures, such as tree-well filters, may eliminate the need for or reduce the operating expense October 8, 2009 Page 8 of 11

9 of the treatment vault. The storm water treatment design shall be integrated into the storm drain design for the project and shall be subject to review and approval of the City Engineer prior to final map approval. As required by the Alameda Countywide NPDES Municipal Stormwater Permit, the property owner shall enter into a maintenance agreement for the long-term operation and maintenance of stormwater treatment measures on private property. The agreement will require the ongoing maintenance of all the designated treatment facilities. The property owner shall also integrate a sidewalk and pavement sweeping program to help prevent debris and other pollutants from entering storm drains. Geologic Hazards: The project site is within an area of potential Earthquake Induced Landslides and Liquefaction on the official Seismic Hazard Zone maps, released by the State Geologist. In accordance with the State law, the project geotechnical engineer prepared a seismic hazard report. The report was reviewed and approved by the City and filed with the State Geologist. The project improvements and building construction shall conform to the recommendations of the peer review letters and the project geotechnical reports. Applicable Fees: This project will be subject to Citywide Development Impact Fees. These fees may include fees for fire protection, park facilities, park land in lieu, capital facilities and traffic impact. All applicable fees shall be calculated and paid at the fee rates in effect at the time of building permit issuance. Environmental Review: An Initial Study and Draft Mitigated Negative Declaration have been prepared for this project. The environmental analysis identified concerns regarding potential impacts to air quality, biological resources, geology and soils, hydrology and water quality, and utilities/service systems. The Draft Mitigated Negative Declaration includes mitigation measures, which, if implemented, would reduce the identified impacts to non-significant levels. These mitigation measures have been included as conditions of approval for this project. A more detailed description of the potential impacts is provided within the Initial Study for the project, which is included as an enclosure. A Mitigation Monitoring Program is recommended for adoption in order to ensure implementation of mitigation measures (Exhibit A). In accordance with the California Environmental Quality Act (CEQA), the Mitigated Negative Declaration was circulated for a 30-day public comment review period. Correspondence has been received with some concerns raised, as listed below: The City received a letter and call from Mr. Stephen Allen of Mission Road Homes (MPH). In his September 2009 letter, Mr. Allen raised concerns with the project s impact on their approved five-lot subdivision (Tract 7250) that is adjacent to the north. The letter identifies a agreement between MPH, ACWD, and SFPUC for the future development of their adjacent lands to provide reciprocal access rights from Deer Road. The City advised ACWD to contact MPH and SFPUC to share their development proposal in light of that agreement. However, the City has no obligation or responsibility to enforce an agreement between private parties. October 8, 2009 Page 9 of 11

10 Mr. Allen s letter also included a concern that the Initial Study did not specifically mention MPH s adjacent 5-lot subdivision approval (Tract 7250) on Deer Road. In reviewing and analyzing the proposed project, staff was well aware of MPH s five-lot approval and considered it part of the background condition. The impacts identified, including the impact caused by construction of the project s debris bench, take into consideration the construction of MPH s five-lot subdivision and the proposed ten-lot subdivision currently before the Commission. The debris bench proposed for the project would require excavation and its design would not impact MPH adjacent site because it is entirely located within the project site. Other concerns raised, including air quality and temporary construction impacts, were adequately addressed in the preparation of the environmental document. PUBLIC NOTICE AND COMMENT: Public hearing notification is applicable. A total of 196 notices were mailed to owners and occupants of property within 1,000 feet of the site. The notices to owners and occupants were mailed on September 25, A Public Hearing Notice was published by The Tri-City Voice on September 23, Correspondence received on the proposed project and environmental document are enclosed as Informational 2. ENCLOSURES: Exhibits: Exhibit "A" Draft Mitigated Negative Declaration and Mitigation Monitoring Program Exhibit "B" Findings and Conditions of Approval Exhibit "C" Vesting Tentative Tract Map 7682 Exhibit "D" Preliminary Grading Plan Informational Items: 1. Initial Study 2. Public Correspondence RECOMMENDATION: 1. Hold public hearing. 2. Adopt Exhibit A, the Mitigated Negative Declaration and Mitigation Monitoring Program, and find these actions reflect the independent judgment of the City of Fremont. 3. Find is in conformance with the relevant provisions contained in the City's existing General Plan. These provisions include the designations, goals, objectives and policies set forth in the General Plan's Housing and Land Use Chapters as enumerated within the staff report. 4. Approve as shown in Exhibit C (Vesting Tentative Tract map 7682) and Exhibit D (Preliminary Grading Plan), based upon the Findings and Conditions of Approval contained in Exhibit B. October 8, 2009 Page 10 of 11

11 Shaded Area represents the Project Site Existing General Plan October 8, 2009 Page 11 of 11