County of Sonoma Agenda Item Summary Report

Transcription

1 County of Sonoma Agenda Item Summary Report Agenda Item Number: 55 (This Section for use by Clerk of the Board Only.) Clerk of the Board 575 Administration Drive Santa Rosa, CA To: Board of Supervisors Board Agenda Date: May 19, 2015 Vote Requirement: Majority Department or Agency Name(s): Permit and Resource Management Staff Name and Phone Number: Blake Hillegas (707) Supervisorial District(s): First Title: Zone Change and Major Subdivision; PLP Recommended Actions: Adopt a resolution approving a Mitigated Negative Declaration and Major Subdivision of 413 acres into 20 single family/diverse agriculture lots; and adopt an ordinance approving a Zone Change to remove the B7 (Frozen Lot Size) from an 80 acre portion of the project site located at 2200 Roberts Road, Penngrove; APN s , -037, and -040; Roberts Road Properties, LLC. Executive Summary: Project Description: The project consists of a Zone Change and Major Subdivision of 413 acres into 20 single family/diverse agriculture parcels. The Zone Change would remove the existing B7 (Frozen Lot Size) zoning designation on 80 acres located along Petaluma Hill Road and rezone it to match zoning for the remaining 333 acres zoned Diverse Agriculture, (20-acre density/3-acre minimum lot size) with SR (Scenic Resource) and VOH (Valley Oak Habitat) overlay zones. This allows the 80 acres to be utilized in the density calculations for the 413 acre project site. The Planning Commission supported this request because the B7 Combining District was applied to the 80 acres as part of a previously approved 20 lot subdivision application that never recorded. In recommending approval of the current project, the Planning Commission required a Zone Change to the B7 Combining District for the 413 acre project site after the Final Map records to prevent future subdivision. A protective easement over the larger parcels is also required pursuant to the provisions of the zoning code that allow clustering. The project site is located at the southeast corner of Petaluma Hill and Roberts Roads. The project access is from Roberts Road, via a new 20-foot wide private road serving all 20 lots. The private road would generally follow an existing ranch road that extends from the level portion of the site at 180 feet in elevation rising to 400 feet in elevation at the eastern boundary. The road would be constructed to minimize grading by following existing terrain and avoid wetlands by spanning several ephemeral

2 drainage swales. The proposed building envelopes are located to avoid wetlands and archaeological resources. To promote long term agricultural viability of the property, the subdivision includes the clustering of nine parcels (5-10 acres in size) in the middle portion of the site and 11 larger parcels (20-97 acres in size) mostly on the eastern portion of the site. Lots range from 5.5 acres to 97.2 acres in size. Lot 20 (97.2 acres) is situated in the flat land at the west end of the site along Petaluma Hill Road. The establishment of Lot 20 preserves the agricultural viability of the parcel and preserves the scenic character of the project site as viewed from Petaluma Hill Road, a designated a Scenic Corridor. The building envelope for Lot 20 is situated behind existing trees approximately 1,800 feet from Petaluma Hill Road. Lots 1-19 are located on gentle slopes east and behind lot 20, and also include building envelopes situated amongst existing trees to provide visual screening of future homes. To a substantial degree, building envelopes are located in clearings or partial clearing amongst the trees to minimize tree removal. Conditions of Approval require the replacement of trees to be removed at a 2:1 ratio. The subdivision access road includes emergency vehicle access and turnarounds in accordance with County requirements. Off-site improvements include the installation of an asphalt pedestrian path on the south side of Roberts Road, extending from the subdivision access road to Petaluma Hill Road where there is a traffic signal, pedestrian crossings, and bus stops on both sides of the road. The project includes the establishment of a community water system with a well on Lot 14 and a water tank on Lot 13. The water supply system would serve an 8 water main along the private access road to supply several fire hydrants and provide fire flow in accordance with County standards. Individual septic systems would be developed on each lot. The project is designed and conditioned to comply with storm water quality requirements by minimizing soil disturbance, maintaining sheet flow conditions where possible, and by capturing, diverting, and treating stormwater in bioretention areas. Determinations of the Planning Commission: Issue #1: General Plan and Zoning Consistency Land Use and Agricultural Resources The Planning Commission determined the proposed 20 lots with a density of one unit per 20 acres of land area is consistent with the maximum density permitted by the site s Diverse Agriculture 20-acre density land use designation. The Planning Commission also found clustering nine lots in the middle of the site sufficiently promotes the long term agricultural viability of the property, consistent with goals and policies of the General Plan. In accordance with the Zoning Code, the Planning Commission required a protective easement be placed on the larger non-clustered agricultural parcels to promote agricultural use and prevent further subdivision. The Planning Commission further determined the proposed subdivision of 413 acres into 20 single family/diverse agricultural lots at a density of 1 unit per 20 acres is consistent with the existing and proposed Diverse Agriculture, 20 acre density, three acre minimum zoning designation.

3 Open Space and Resource Conservation Scenic Resources: The Planning Commission determined that the project is consistent with scenic resource policies because lots are clustered and building envelopes are strategically located in areas where future structures would be screened by existing vegetation. Each new residence and accessory structure is required to be located within designated building envelopes and is subject to design review approval and conformance with the Sonoma/Taylor Mountain Design Guidelines prior to building permit issuance. The design review process will ensure that grading and tree removal are minimized and building height, massing, and colors are commensurate with the rural character of the site and surrounding properties. Biotic Resources: The Planning Commission s recommendation includes mitigation measures incorporated as Conditions of Approval, which would reduce potential impacts to CTS, red-legged frog, burrowing owl, American badger, raptors and nesting birds, and bats to less than significant. Conditions of Approval require that preconstruction surveys be accomplished prior to issuance of development permits. As agreed to by the developer, tree replacement would be provided at a 2:1 ratio. Parks: The General Plan designates a future park site in the vicinity of the project. Based on staff consultation with Sonoma County Regional Parks and the County Open Space District the Planning Commission determined that the County does not currently have funding to purchase the property for park and open space purposes. It was recognized that statutory park mitigation fees are required for development of each lot and can be used towards expansion of existing park facilities in the planning area. There are currently plans to connect the existing nearby Crane Creek trail system to Sonoma State University along Copeland Creek. Water Resources The Planning Commission determined, based on the conclusions of the hydrogeologic report, the project will not have a significant impact on current or future groundwater availability at the project site or within the area of cumulative impact. The Planning Commission also determined the projects potential impacts to nearby wells would be less than significant due to distance between the project well and neighboring wells. Circulation and Transit The Planning Commission requires the installation of a four-foot wide asphalt pedestrian walk along the south side of Roberts Road, between the subdivision access road and Petaluma Hill Road to provide residents of the subdivision pedestrian access to the bus stops near Roberts Road. Conditions of Approval also require the developer to install Class III bike route signs along the property frontage on Roberts Road. Conditions of approval also require that sight lines be improved through the removal vegetation at the newly constructed subdivision access road on Roberts Road. Issue #2: Neighborhood Comments In response to comments from the Sonoma Mountain Preservation Group, the Planning Commission determined that grading and tree removal are appropriately minimized, and each new residential structure would be subject to design review. The Planning Commission determined the Emergency Vehicle Access did not result in a traffic safety hazard and other safety considerations were addressed

4 through required site distance improvements at the Roberts Road access. The Planning Commission also determined that potential impacts to neighboring wells were negligible due to distance between wells and drawdown characteristics, which were analyzed by a geologist in a groundwater study prepared for the project. Issue #3: Correspondence from California Department of Fish and Wildlife On December 9, 2014, the California Department of Fish and Wildlife recommended enhanced mitigation measures be added, including protocol level larval surveys for potential California Tiger Salamander (CTS) in ponds. On January 7, 2015, the applicant s biologist conducted surveys for CTS eggs at a time when CTS eggs would be clearly visible. However, no CTS eggs were found. As recommended by California Department of Fish and Wildlife, the Planning Commission adopted several enhanced mitigation measures as Conditions of Approval (see Conditions #83, 84, 86, 88 and 89). Issue #4: Additional Conditions of Approval revised by Planning Commission The Planning Commission recommends the modifications listed below to Conditions of Approval (see Exhibit A), 1. Modify Condition of Approval #34 to clarify that required test wells would be for a proposed community water supply system. 2. Modify Condition of Approval #35 noting that water supply requirements need to be met prior to recording the subdivision map. 3. Add well monitoring Conditions of Approval #38, 39, and Clarify Condition of Approval #88 to specify that protective fencing is required during construction at 325 feet from suitable western pond turtle habitat (the large pond on Lot 20). 5. Clarify Condition of Approval #92 that trees shall not be removed to provide or improve views from homes. Issue #5: Settlement Agreement between the Applicant and the neighboring Hecht s On December 18, 2014, the applicant and neighbors Mr. and Mrs. Hecht mutually agreed to request continuance of a public hearing to allow time to resolve concerns about the project. A settlement agreement was reached between the applicant and the Hechts which resulted in changes to the subdivision map and revised Conditions of Approval as recommended by the Planning Commission. Those changes are listed below. 1. Relocate the subdivision access road on Lots 14 and 15 to the west, feet away from the common Hecht/Applicant property line. Landscaping was added along the Road for screening purposes. 2. Relocate the water tank access road and water tank 250 feet north and west of its former location so it is screened better as viewed from the Hecht property. Landscaping was also added

5 along the access road for screening purposes. 3. Adjust building envelopes on Lots 14 and 15, approximately 80 feet to the west and further away from the common Hecht/Applicant property line. 4. Place a note on the Tentative Map (Condition #106): Any development within the building envelopes on Lots 14 and 15, as they are shown on the revised tentative map, which was submitted to PRMD on January 6, 2015, must undergo full Design Review by the Design Review Committee, as defined in Sonoma County Code section (b), while the homes on all other lots will undergo Administrative Design Review, as defined in Sonoma County Code section (d). 5. Place a note on the Tentative Map (Condition #108): Any driveway on Lot 15 must be at least 200 feet west the Hecht/Project Site common boundary line at all points. 6. Place a note on the Tentative Map (Condition #109): The Applicant shall implement the landscaping plan prepared by Landesign Group, dated January 29, The applicant shall install and maintain all irrigation and vegetation for between three and five years in order to ensure that a reasonable amount of the vegetation reaches maturity, as determined by PRMD. 7. Place a note on the Tentative Map (Condition #110): The water tank shall be painted in earth tones to further screen it from the Hecht Property. The Planning Commission supported the project changes and revised Conditions of Approval that were included in the settlement agreement. Issue #6: Environmental Review The Initial Environmental Study includes wetland delineations, biotic assessments, plant surveys, archaeological resource surveys, geologic survey, hydro-geologic groundwater report, greenhouse gas analysis, traffic study, and a stormwater mitigation plan. The Planning Commission recommended the adoption of Mitigation Measures to be incorporated as Conditions of approval such that potentially significant impacts would be reduced to less than significant. A Mitigated Negative Declaration is recommended for adoption. Planning Commission Recommendation: The Planning Commission recommends on a 5-0 vote Board of Supervisors approval of the Zone Change and Major Subdivision. Prior Board Actions: On June 2, 1982, the Board of Supervisors approved a 20 lot single family residential subdivision on the 413 acre project site subject to adding the B7 Combining District to an 80 acre portion of the site. The B7 Combining District was applied to 80 acres, though the Final Subdivision Map was never filed or recorded. Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship The subdivision of land for residential and agricultural development in accordance with General Plan policies will promote economic development while practicing environmental stewardship of the land. Approval of the project allows up to 20 new homes and agricultural uses on the 413 acre project site.

6 The scenic character of the site, as viewed from public roads, will be retained due to design review requirements and placement of building envelopes in strategic locations to provide screening. Wetlands and other sensitive habitat will be avoided and potential impacts to sensitive animal species will be mitigated and reduced to less than significant. Tree removal is to be mitigated by a 2:1 re-planting ratio. Expenditures Fiscal Summary - FY Funding Source(s) Budgeted Amount $ $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ Total Sources $ Narrative Explanation of Fiscal Impacts (If Required): Staffing Impacts Position Title (Payroll Classification) Monthly Salary Range (A I Step) Additions (Number) Deletions (Number) Narrative Explanation of Staffing Impacts (If Required): Attachments: Draft Board of Supervisors Resolution EXHIBIT A: Conditions of Approval EXHIBIT B: Draft Ordinance and Sectional District Map EXHIBIT C: Subdivision Map EXHIBIT D: Planning Commission Resolution No EXHIBIT E: Planning Commission Actions Dated February 19, 2015 EXHIBIT F: Planning Commission Minutes Dated February 19, 2015 EXHIBIT G: Planning Commission Staff Report and Attachments dated February 19, 2015 EXHIBIT H: Mitigated Negative Declaration

7 Related Items On File with the Clerk of the Board: Full Size Subdivision Plans and Visual Site Analysis