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Home My WebLink About33- Planning & Building Services CITY OF SAN BERN IDINO - REQUEST F R COUNCIL ACTION Appeal of Tentative Tract No. 15494 and From: Al Boughey, Director Subject: Conditional Use Permit No. 92-34 to subdivide 10.4 acres into eight lots and Dept: Planning & Building Services to construct seven dwelling units on seven of the lots on a site located east and adjacent to Grande Vista Avenue and Date: March 29, 1994 300 feet south of Edgemont Drive in the HMOD. --MCC meetinq of April 4, 1994-- Synopsis of Previous Council action: 09/20/93 -- Continued (see Staff Report) . Recommended motion: That the hearing be closed and that the Mayor and Common Council uphold the Planning Commission's decision to adopt the Mitigated Negative Declaration and approve the Mitigation Monitoring/Reporting Program; and, approve Tentative Tract No. 15494 and Conditional Use Permit No. 92-34, based on the Findings of Fact, and subject to the Conditions of Approval , Added Conditions of Approval and Standard Requirements. Al ghey ature Contact person: Al Boughey Phone: 5357 Supporting data attached: Yes Ward: #5 FUNDING REQUIREMENTS: Amount: N/A Source:(Acct. No.) (Acct. Description) Finance: -ouncil Notes: 75-0262 Agenda Item No. STAFF REPORT SUBJECT: Appeal of the Planning Commission's Approval of Tentative Tract No. 15494 and Conditional Use Permit No. 92-34 Mayor and Common Council Meeting of April 4, 1994 BACKGROUND The appeal of this project was heard by the Mayor and Common Council at the meeting of September 20, 1993. During the public hearing, neighbors voiced concern that the subdivision would eliminate rear access to adjacent properties which front on Marshall Boulevard. The project proponent requested a continuance to the November 1, 1993 meeting so that the access issue could be resolved. The Mayor and Common Council granted the continuance as requested. On November 1, 1993, the project proponent requested another continuance so that work on access easements could be completed. The Mayor and Common Council continued the project to the December 6, 1993 meeting. The project was then continued by staff to January 24, 1994 and continued again to April 4, 1994. Please note that the September 20, 1993 Mayor and Common Council Staff Report (Exhibit 5) outlines the appeal request and basic project information. It also details the appeal issues and addresses those issues in the project key points. The project analysis for TT No. 15494 and CUP No. 92-34 is contained in the Planning Commission Staff Report (Exhibit 5, Attachment G). ACCESS ISSUE Since late September, the project proponent has been working with adjacent property owners who would like to maintain rear access to their properties which front on Marshall Boulevard. The result is that the project proponent is providing a 16 foot easement to the property owner of the parcels located east of and adjacent to Lot 8. The 16 foot easement is proposed to be located parallel and adjacent to the southern property line of Lot 8 and will run eastward from the end of the proposed cul-de-sac ("A" Street) through Lot 8 to the eastern property line (see Exhibit 3, Detail of Proposed Easements and Related Revisions). In order to accommodate the 16 foot easement, the dwelling unit footprint on Lot 8 was moved to the north about 5 feet and the footprints on Lots 5 through 7 were moved to the east about 10 to 15 feet. j Appeal of Tentative Tract No. 15494 and Conditional Use Permit No. 92-34 Mayor and Common Council Meeting of April 4, 1994 Page 2 Because the 16 foot access easement will be separated from the proposed dwelling unit by only 4 feet, staff has conditioned that a 6 foot block wall be constructed as a protective measure. The 6 foot block wall will be placed 15 feet north of the southern property line for Lot 8 - within the easement area. The design, materials and linear extent (length) of the wall will be determined at the time of building plan check for the dwelling unit. The shifting of the dwelling unit footprints resulted in an encroachment into the 50 foot "wet zone" required by the Foothill Fire Zones Overlay District. In return for the 16 foot access easement, the adjacent property owner to the east has agreed to provide a 25 foot easement to the project proponent for use as part of the required "wet zone". The 25 foot wide easement is proposed to be located parallel and adjacent to the east property line for Lots 6 through 8. The proposed 25 foot wide easement, in conjunction with an adjacent 25 foot area on the project site, will be used for the required 50 foot "wet zone" (see Exhibit 3). To ensure that the two proposed easements are granted, recorded and maintained accordingly, staff has added some new conditions to the project (see Exhibit 4, Added Conditions of Approval). The changes to the tract map outlined above comply with the building separation and setback requirements in the Development Code. The revised tract map and site plan is attached as Exhibit 2. STAFF RECOIVIlVIENDATION Staff recommends that the Mayor and Common Council deny the appeal and uphold the Planning Commission's decision to: 1. Adopt the Mitigated Negative Declaration and approve the Mitigation Monitoring/Reporting Program (Exhibit 5, Attachment G, Attachment 12); 2. Approve Tentative Tract No. 15494 based on the attached Findings of Fact (Exhibit 5, Attachment G, Attachments 6 and 7), and subject to the Conditions of Approval (Exhibit 5, Attachment G, Attachment 8), the Added Conditions of Approval (Exhibit 4) and Standard Requirements (Exhibit 5, Attachment G, Attachment 9); and, EXMBIT 4 Appeal of TT No. 15494/CUP No. 92-34 Mayor and Common Council Meeting of March 4, 1994 ADDED CONDITIONS OF APPROVAL FOR TT NO. 15494/CUP NO. 92-34 20. The applicant/owner shall provide a 16 foot wide paved access easement through Lot 8 to specified property owners of the lots located east of and adjacent to Lot 8. The easement shall be constructed/paved when the street is constructed for TT No. 15494. The applicant shall obtain a maintenance agreement from the parties granted easement that is acceptable to the City. The 16 foot wide access easement language shall be reviewed by the Public Works Department, City Attorney's Office, Fire Department and Planning Division and recorded (as approved) as part of the recordation of the final map for TT No. 15494. Copies of the recorded map (showing the easement) and recorded maintenance agreement shall be provided to the Planning Division for the project case files. To protect the residential structure on Lot 8, a 6 foot high block wall shall be constructed 15 feet north of and parallel to the southern property line for lot 8. The materials, design and linear extent (length) of the wall shall be determined as part of the building plan check process for Lot 8. Construction of the wall shall be completed prior to issuance of a Certificate of Occupancy for the residential structure. Because the wall will be constructed within the easement, its maintenance shall be specified in the required maintenance agreement for the 16 foot wide access easement. Failure to obtain and record the maintenance agreement shall eliminate the requirement for the 16 foot wide access easement and the 6 foot high block wall. 22. The applicant/property owner shall obtain a 25 foot wide easement from the property located east of and adjacent to Lots 6, 7 and 8. The 25 foot wide easement shall be used as part of the required 50 foot wide fuel modification zone. The 25 foot easement shall ensure that the project complies with the Foothill Fire Zones Overlay District standards. The 25 foot wide easement language shall be reviewed by the Public Works Department, City Attorney's Office, Fire Department and Planning Division and recorded (as approved) prior to or at the time of recordation of the final map for TT No. 15494. A copy of the recorded document shall be provided to the Planning Division for the project case files. Maintenance of the 25 foot wide easement shall be the responsibility of the property owner(s) of Lots 6, 7 and 8 and as determined appropriate by the Fire Department. Prior to commencement of construction of the residential structures on Lots 6, 7 and EX Harr 4 Appeal of IT No. 15494/CUP No. 92-34 Mayor and Common Council Meeting of March 4, 1994 8, the applicant/owner(s) shall coordinate with the Fire Department to develop a maintenance program or schedule for the 25 foot wide fuel modification easement. The applicant shall submit to the Planning and Building Services Department a letter describing the maintenance program or schedule and affirming that it has been approved by the Fire Department. Failure to record the 25 foot wide easement and to submit the required letter describing the maintenance program shall result in the initiation of revocation proceedings for CUP No. 92-34 by the City. Appeal of Tentative Tract No. 15494 and Conditional Use Permit No. 92-34 Mayor and Common Council Meeting of April 4, 1994 Page 3 3. Approve Conditional Use Permit No. 92-34 based on the attached Findings of Fact (Exhibit 5, Attachment G, Attachments 6 and 7) and subject to the Conditions of Approval (Exhibit 5, Attachment G, Attachment 8), the Added Conditions of Approval (Exhibit 4) and Standard Requirements (Exhibit 5, Attachment G, Attachment 9). Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building Services EXHIBITS: 1. Mayor and Common Council Staff Report (January 24, 1994 - PREVIOUSLY DISTRIBUTED)) 2. Revised Tract Map and Site Plan (11-29-93) 3. Detail of Proposed Easements and Related Revisions (11-29-93) 4. Added Conditions of Approval (TT No. 15494/CUP No. 92-34) 5. Mayor and Common Council Staff Report (September 20, 1993 - PREVIOUSLY DISTRIBUTED) Attachments: A - Site Location and General Plan Land Use Designation Map B - Revised Tract Map and Site Plan C - Notice of Appeal (from Ronald E. Perez) D - Detail of Revision to Lot 2 E - Detail of Revisions to Lots 6, 7 and 8 F - September 1, 1993 Fire Department Memorandum G - Planning Commission Staff Report (August 17, 1993) Attachments: 1 - Location Map and General Plan Land Use Designation Map 2 - Site Plan/Tentative Tract Map (Revised) 3 - Floor Plans (for Cup No. 92-34) 4 - Elevations (for Cup No. 92-34) 5 - Development Code and General Plan Conformance Table 6 - Findings of Fact (TT No. 15494) 7 - Findings of Fact (CUP No. 92-34) 8 - Conditions of Approval (TT No. 15494/CUP No. 92-34) 9 - Standard Requirements (TT No. 15494/CUP No. 92-34) Appeal of Tentative Tract No. 15494 and Conditional Use Permit No. 92-34 Mayor and Common Council Meeting of April 4, 1994 Page 4 10 - Initial Study Exhibits: A - Tentative Tract No. 15494 B - Site Location and General Plan Land Use Designation Map 11 - Mitigation Monitoring/Reporting Program EXHIBIT "Z" t // / ✓ / / 1 � j + \jj\1%�i�1111�\�+\ 1\I�l I I C�'�L ';;t l { � �A� Q _!GAM \1 111 1m)v' — / / �`,r \\\�\\\\�\\��\\�\\ \\1\I///�/ /^- .,, e--•mac y// I = ' i1 ( % 111 1� / � l1/ ll'l1 / III 111 II . .• / =s� �s Ij I 11111111 =: -0 3it tl4g Alt*! Cd •.��y� 0 6 g � G�� . 1t�EEE�E t�� 4r�! yl Sir ''SOH EXHIBIT "3" ---�-so . � RA � 250 14 . 1 71\5 E , �eP . E. �. 45 , o 1� III GRA S /0 BB 7 \ \ DETAIL OF REVISIONS TO LOTS S, 6, 7, AND 8 ( DATED: 11126193