planning commission agenda report - city hall · trees. the map would subdivide the property into...

Files: PM 16-03

Planning Commission Agenda Report Meeting Date 12/15/16

DATE: December 1, 2016 TO: PLANNING COMMISSION FROM: Mike Sawley, AICP, Associate Planner (879-6812, [email protected]) RE: Parcel Map 16-03 (AA Land and Cattle Co., LLC) 392 East 8th Avenue; AP No. 003-393-008 SUMMARY The applicant proposes to subdivide a developed parcel on the north side of East 8th Avenue, between Laburnum and Spruce Avenues, into three parcels. No major issues have been identified.

Recommendation: Planning staff recommends adoption of Resolution No. 16-22 (Attachment A), approving the parcel map, subject to the attached conditions. Proposed Motion: I move that the Planning Commission adopt Resolution No. 16-22, approving the parcel map, subject to the attached conditions.

BACKGROUND The applicant proposes to subdivide a 0.41-acre site, located at the northwest corner of East 8th Avenue at Spruce Avenue, into three parcels (see Location/Notification Map, Attachment B). The site is zoned R1 (Low Density Residential) and designated Low Density Residential by the General Plan. Surrounding land uses include multi-family residential (north) single-family residential (east, west and southwest), and a church (south). The property contains an unoccupied residence with a detached garage, and a number of trees. The map would subdivide the property into three parcels: an 8,800 sq. ft. corner parcel containing the existing residence, and two smaller parcels (each 4,600 sq. ft.) for development with new single-family residences (see Vesting Tentative Parcel Map, Attachment C). The project would yield a residential density of 4.1 units per gross acre, which is within the allowable range of 2.1 to 7 dwelling units per gross acre in the R1 zoning district and Low Density Residential General Plan designation. Each of the two parcels proposed for new residences would be 51 feet wide and 90 feet deep. A shared driveway on East 8th Avenue would provide vehicular access for both parcels. The parcel containing the existing residence would be approximately 97 feet wide and 90 feet deep, and would be served by a new driveway from Spruce Avenue. Development associated with the project would result in removal of the detached garage and several of the existing trees on site, as detailed in the Discussion section of this report.

PM 16-03 (AA Land and Cattle Co., LLC) PC Mtg. 12/15/16 Page of 2 of 5

Public improvements would include constructing curb, gutter, and separated sidewalk along both street frontages (bulbed at the corner), alleyway improvements adjacent to Parcel 1, and new storm drain facilities. The new storm drain facilities would discharge into temporary leach trenches until such time that the improvements can be connected to the larger storm drain system. Title 18R of the Municipal Code provides for such temporary leach trenches, in accordance with the City’s Nitrate Action Plan, and includes criteria for their design. Payment of City storm drainage development impact fees will be required with the land division. Revenues from the storm drainage fund will in turn be used at a future date to construct collector storm drains within the Spruce Avenue right-of-way, connecting the project site to Lindo Channel pursuant to the City’s Storm Drainage Master Plan. Modifications of Title 18R Subdivision Design Criteria and Improvement Standards are requested that would provide approximately 21 feet of right-of-way behind the curb to accommodate a meandering sidewalk designed to minimize impacts to existing street trees. The code would typically require only 13 feet behind the curb to accommodate a straight 5-foot sidewalk and 7-foot parkway strip. The modifications are listed on the map as a request to “allow non-standard typical street sections.” Neighborhood Meeting On September 23, 2016, a neighborhood meeting was held at the project site. The proposal was presented by the project engineer to approximately 15 attendees. The developer and engineer answered several questions regarding the proposed map and how subsequent development may effect existing trees at the site. Now corrected, it was noted that the tree diameters on the map at the time were incorrect. The temporary storm drain leach trenches were also discussed. No unique issues or areas of significant controversy came up during the meeting. GENERAL PLAN The General Plan’s Low Density Residential designation represents “the traditional single-family neighborhood with a majority of single-family detached homes and some duplexes.” With a residential density of 4.1 units per acre the project is within the allowable range of 2.1 to 7 units per acre. In addition, the following General Plan principles and policies are applicable to the project:

CD-5: Support infill and redevelopment compatible with the surrounding neighborhood.

H-1: Increase equal housing opportunities for all persons and households in Chico. H-3: Promote the construction of a range of high-quality housing choices that serve

all households, ranging from the workforce to seniors. LU-4: Promote compatible infill development. LU-4.2: Support infill development, redevelopment, and rehabilitation projects that are


compatible with surrounding properties and neighborhoods. LU-4.2.3: For projects proposed on or adjacent to residentially zoned property, which

require a discretionary approval by the Planning Commission or City Council, require applicants to have a pre-application neighborhood meeting with interested parties in the respective neighborhood to hear issues and consider input.

LU-4.3: For residential infill projects outside of Opportunity Sites and Special Planning

Areas, maintaining neighborhood character may take precedence over meeting density goals. It may be necessary to limit project density, within the allowable density range, to ensure compatibility.

The proposal is consistent with General Plan policies that encourage compatible infill development (CD-5, LU-4 and LU-4.2), holding a pre-application neighborhood meeting (LU-4.2.3), and providing new housing opportunities while maintaining neighborhood character (H-1, H-3, and LU-4.3). The proposal is consistent with the General Plan. DISCUSSION The proposed lots would meet all applicable size and dimension requirements. The requested modification to subdivision design criteria would support efforts to retain established street trees and is a beneficial aspect of the proposed design. The proposed shared driveway is not necessary for the project and may result in future conflicts between neighbors on Parcels 1 and 2. The driveway configuration would also limit landscaping and fencing opportunities along the shared side yard property line, resulting in an excessively wide paved area in front of the new residences. A condition is recommended to require separate driveways for Parcels 1 and 2. The proposal would result in removal of the detached garage, as well as several of the existing trees on site. The map indicates that a total of seven trees, ranging in size from 11 to 33 inches in diameter, would be removed. The Tree Table on Sheet 2 of the map contains an error, and should indicate that Tree #12 (a 24-inch diameter maple), is subject to replacement/in-lieu fees. Also, the project engineer has confirmed that development of replacement off-street parking for the existing residence on Parcel 3 will likely require removal of Trees #10 and #11 (of which, Tree #10 is subject to replacement/in-lieu fees). Therefore, in-lieu payment for 21 replacement trees will be required to satisfy the City’s Tree Preservation Regulations (CMC 16.66). Conditions would ensure that payment of in-lieu fees occur prior to recordation of the final map. FINDINGS Environmental Findings This project is categorically exempt from environmental review pursuant to Section 15332 of the California Environmental Quality Act Guidelines (Infill Development Projects). This exemption applies to infill projects which: are consistent with the general plan and zoning; are on sites less than five acres in size within the City limits; substantially surrounded by urban


uses; have no value as habitat for endangered, rare, or threatened species; would not result in any significant effects relating to traffic, noise, air quality, or water quality; and can be adequately served by all required utilities and public services. The project meets all these criteria. Modification to Subdivision Design Criteria Finding As established in CMC 18.44, a modification to the City’s subdivision design criteria or improvement standards may only be approved if the Commission makes one of the following findings:

A. That the modification of design criteria and improvement standards is necessary for the subdivision and its design and improvements to be found consistent with the General Plan;

B. That the subdivision is subject to a specific plan which requires or authorizes the construction and installation of streets, sanitary sewers, storm drain management systems and/or other improvements in accordance with alternative design criteria and improvement standards specifically set forth therein, and that modification of the design criteria and improvement standards, as set forth in Title 18R of this code, is necessary or appropriate in order that improvements to be constructed and installed incident to or as a condition of approval of such subdivision will conform to the alternative design criteria and improvement standards as set forth in such specific plan;

C. That the subdivision will result in one or more significant environmental effects identified in an initial study or an environmental impact report prepared in the manner provided for by the California Environmental Quality Act, as set forth in Division 13 of the Public Resources Code (commencing with Section 21000) and the city's Environmental Review Guidelines, as set forth in Chapter 1.40 of this code, and that modification of the design criteria and improvement standards, as set forth in Title 18R of this code, is necessary to mitigate such significant environmental effect or effects;

D. That the subdivision or any part thereof is located in an area which contains existing streets, sanitary sewers, stormwater management systems or other improvements which do not conform to the design criteria and improvement standards, as set forth in Title 18R of this code, and that modification of such design criteria and improvement standards in the case of the proposed subdivision is necessary in order to make the streets, sanitary sewers, storm water management systems and other improvements to be constructed and installed incident to or as a condition of approval of such subdivision compatible with such existing and nonconforming improvements;

E. That the subdivision is of such a size or shape, and/or is affected by such topographic or soil conditions that render it impossible, impractical or undesirable, in the particular case, to conform to the design criteria and improvement standards, as set forth in Title 18R of this code, and that modification of such design criteria and improvement standards is necessary by reason of such subdivision characteristics or conditions;

F. The subdivision will include low income housing, lower income housing or senior citizen housing meeting the requirements of Chapter 4.3, Division 1, Title 7 of the California Government Code (commencing with Section 65915) and that modification of the design criteria and improvement standards in the case of proposed subdivision is demonstrably necessary in order to make such housing economically feasible.

Finding D: In this case, the proposed map is located in an area which contains existing street trees that do not conform to the City’s improvement standards in that they are located farther


away from street centerlines than would be the case with a conforming street section pursuant to Title 18R of the code. Modifying the street cross sections is necessary in order to construct frontage improvements that are compatible with and provide for retention of these existing street trees. Subdivision Findings (CMC Section 18.18.070.B) Pursuant to Chico Municipal Code Section 18.18.070.B, the Planning Commission shall consider the evidence presented in the application materials, staff report, and public hearing, and shall base its action on the conformity of the subdivision map with the subdivision regulations and on the design of the proposed subdivision. In order to approve a subdivision map, the Planning Commission must find that the subdivision map and its design conform with all applicable requirements of Title 18 and Title 19 of the Chico Municipal Code, and that the subdivision map and its design are consistent with the Chico General Plan. As supported by the Conditions of Approval and the Subdivision Report (Exhibits I and II to Attachment A), and this staff report, the proposed subdivision map and its design conform with the requirements of Title 18 and Title 19 of the Chico Municipal Code, and would be consistent with the Chico General Plan. PUBLIC CONTACT A 10-day public hearing notice was mailed to all landowners and residents within 500 feet of the site, and a legal notice was published in the Chico Enterprise Record. As of the date of this report no correspondence has been received in response to the public notice. Prior correspondence received for the project is provided under Attachment D. DISTRIBUTION: PC Distribution AP Sawley Files: PM 16-03 External Wesley E. Gilbert/W. Gilbert Engineering, 140 Yellowstone Dr. Ste 110, Chico, CA 95973 AA Land and Cattle, LLC, Attn: J.D. Zink, 250 Vallombrosa Ave, Ste. 175, Chico, CA 92926 AA Land and Cattle, LLC, Attn: Kevin Avila, 216 Centennial Ave, Chico, CA 92928 John Whitehead, CANA, P.O. Box 4510, Chico, CA 95927-4510 Donna Wallace (via email) ATTACHMENTS:

A. Planning Commission Resolution No. 16-22 Exhibit I Conditions of Approval for PM 16-03 Exhibit II Subdivision Report

B. Location/Notification Map C. Parcel Map 16-03 D. Correspondence

X:\Current Planning\Parcel Map\2016\03 AA Land and Cattle (72199)\PC 12-15-16\PC report 12-15-16 meeting.docx

X:\Current Planning\Parcel Map\2016\03 AA Land and Cattle (72199)\PC 12-15-16\PC Resolution 16-22 for PM 16-03.doc 1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

RESOLUTION NO. 16-22

RESOLUTION OF THE CITY OF CHICO PLANNING COMMISSION APPROVING PARCEL MAP 16-03

(AA Land & Cattle Co., LLC)

WHEREAS, an application has been submitted to subdivide a 0.41-acre site located at 392

East 8th Avenue, identified as Assessor’s Parcel No. 003-393-008, into three parcels (the

“Project”); and

WHEREAS, the Planning Commission considered the Project, staff report, and comments

submitted at a noticed public hearing held on December 15, 2016; and

WHEREAS, the Project has been determined to be categorically exempt pursuant to the

Guidelines for the California Environmental Quality Act, 14 CCR Section 15332 (Infill

Development Projects).

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE

CITY OF CHICO AS FOLLOWS:

1. The Planning Commission finds that:

A. The density of the Project is 4.1 dwelling units per gross acre, which is consistent with

the Chico General Plan Diagram designation of Low Density Residential and the

provisions in Title 19 of the Chico Municipal Code;

B. No substantial evidence has been presented that would require disapproval of the Project

pursuant to Government Code Section 66474;

C. The requested modifications to the City’s subdivision design criteria and improvement

standards are acceptable, as the presence of existing street trees renders it undesirable to

strictly conform to the design criteria and improvement standards set forth in Title 18R

and modifications thereto will support efforts to retain the trees during street

improvements; and

D. As supported by the subdivision report prepared for the Project, and the agenda report,

the Project and its design conform with both the requirements of Title 18 and 19 of the

Chico Municipal Code and the Chico General Plan.

Attachment A

2. Based on all of the above, the Plarming Commission hereby approves the Project, subject to

2 the conditions set forth in Exhibit I, and the provisions of the Subdivision Report set forth in

3 Exhibit II, attached hereto.

4 3. The Plarming Commission hereby specifies that the materials and documents which

5 constitute the record of proceedings upon which its decision is based are located at and under the

6 custody of the City of Chico Community Development Department.

7 THE FOREGOING RESOLUTION WAS ADOPTED at a meeting of the Plarming

8 Commission ofthe City of Chico held on December 15,2016, by the following vote:

9 AYES:

10 NOES:

11 ABSENT:

12 ABSTAINED:

13 DISQUALIFIED:

14 ATTEST:

15

16

17

18 MARK WOLFE

19

20

21

22

23

24

25

26

27

28

Planning Commission Secretary

APPROVED AS TO FORM:

Assistant City Attorney*

*Pursuant to The Chatier of the City of Chico, Section 906(E)

X: C'urrent Pla!Uling Parcel ~ap•20 16•03 AA Land and C'aule (72 199)·PC' 12-1 5- 16 PC' Rosolut ion 16-22 for P:'vl 16-03.doc 2

Attachment A

EXHIBIT “I” CONDITIONS OF APPROVAL

Parcel Map 16-03 (AA Land & Cattle Co., LLC)

1. The creation of three lots is authorized, as depicted on the “Vesting Tentative Parcel Map PM 16-03” date stamped Oct 20, 2016, except as revised by any other condition of approval.

2. All development shall comply with all other State and local Code provisions, as

well as any applicable requirements of the Fire Department, the Public Works Department, Butte County Environmental Health, and the Community Development Department. The developer is responsible for contacting these offices to verify the need for permits.

3. In the event that all fees have not been paid prior to recordation of the final map, the following notation shall be included on the final map: “In accordance with the provisions of the Chico Municipal Code, a transportation facility fee, park facility fee, and building and equipment fee may be assessed and levied upon the owner of any lot or parcel within this subdivision at the time a new building or structure is constructed on such lot or parcel, at the time an alteration or addition is made to an existing building or structure constructed on such lot or parcel which results in the expansion of building or structure, or at the time of a change in use of an existing building or structure constructed on the lot or parcel. In addition, a storm drainage facility fee may be assessed and levied upon the owner of any lot or parcel within this subdivision at the time such lot or parcel is first used for any residential or nonresidential purpose, at the time the area of the lot or parcel devoted to such residential or nonresidential use is expanded, or at the time of a change in the use of the lot or parcel. Such transportation facility fee, park facility fee, building and equipment fee and storm drainage facility fee will be calculated from the schedule of such fees adopted by resolution of the City Council and in effect on the date of approval of such final map or parcel map, together with any adjustments to such schedules of fees made in accordance with the provisions of the Chico Municipal Code subsequent to the date of approval of the final map or parcel map to account for any changes in the type or extent of transportation facilities, park facilities, buildings and equipment and/or storm drainage facilities which will be required as a result of the development and/or use of real property during the period upon which such fees are based, any change in the estimated cost of the transportation facilities, park facilities, buildings and equipment and/or storm drainage facilities upon which such fees are based, or any change in that portion of the estimated cost of such transportation facilities, park facilities, buildings and equipment and/or storm drainage facilities which cannot be funded from revenue sources available to the City other than such fees.”

4. Prior to recording the final map, any taxes and/or assessments against the

property shall be paid.

5. Provide separate driveways on Parcels 1 and 2.

6. All qualifying trees, pursuant to Chico Municipal Code 16.66, that are removed with the project shall be subject to the in-lieu fee payment requirements set forth by Chico Municipal Code 16.66 and adopted City fee schedule. In-lieu fees shall be paid prior to recordation of the final map.

7. In addition to the trees indicated for removal on Sheet 2 of the approved map, Tree #10 and Tree #11 are approved for removal.

Attachment A

Attachment A

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!!

!

!

!

!!

!

!!

!

!!

!

!

!

!!

!

!

!

!

!

!

!

!

!!

!

!

!

!!

!

!

!

!

!

!

!

!

!!

!

!

!

! !

!

!

!

!

!!

!

!

!

!

!

!

!!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

!

E 8TH

AVE

E 7TH

AVE

E 9TH

AVE

OLEANDER AVE

SPRUCE AVE

PALM AVE

LABURNUM AVEPM

16-

03 (

AA L

and

and

Catt

le C

o LL

C)

392 E

8th A

venu

eAP

N 003

-393-0

08-00

0

010

0

Feet¸

!No

tified

Addre

sses

Notifi

ed Pa

rcels

500'

PROJ

ECT SITE

SIERR

AMA

NOR

Attachment B

Attachment C

Attachment D

planning commission agenda report - city hall · trees. the map would subdivide the property into...

Documents