Prepared by: Nick Lagura, Associate Planner

Transcription

1 CITY OF CITRUS HEIGHTS PLANNING DIVISION STAFF REPORT PLANNING COMMISSION MEETING May 25, 2016 Prepared by: Nick Lagura, Associate Planner REQUEST The applicant requests approval of a Tentative Parcel Map to create two (2) parcels for singlefamily residences on a 0.75 acre site located at 8225 Mariposa Avenue on the west side of the street approximately ¼ mile south of Twin Oaks Avenue. Applicant: Owner: Robert Lilly Rose s Engineering 8577 Bader Road Elk Grove, Ruslan Petrashishin 8225 Mariposa Avenue Citrus Heights, CA SUMMARY RECOMMENDATION The Planning Division recommends that the Planning Commission: A. Approve the Tentative Parcel Map creating two (2) parcels for single-family homes subject to the findings and conditions of approval contained in the staff report; and B. Approve a Tree Permit to remove certain trees onsite as shown on the tentative parcel map subject to the findings and conditions of approval contained in the staff report. BACKGROUND The site consists of a house under construction that replaces a smaller dwelling which was demolished and removed from the site. The property is relatively flat, rectangular in shape, and drains to the south and east towards Cripple Creek. Site topography consists of disturbed grassy vegetation, mature trees as well as a drainage pipe culvert and earthen swale which run through the middle of the property. The project is an infill site located in a mature residential neighborhood. Surrounding uses include single-family homes to the north, south, east across Mariposa Avenue and west. The project setting is summarized in Tables I and II: Table I Location: 8225 Mariposa Avenue on west side of street, approximately ¼ mi. south of Twin Oaks Avenue (see Attachment-1). APN:

2 Parcel Size: REACH Neighborhood: May 25, 2016 Page acres The project is within the boundaries of the Sunrise Ranch Neighborhood Association (#6). Staff has not received any comments from Area 6. However, staff has received two letters from residents in the area (Attachments 2 and 3) which have been forwarded to the applicant. The first letter dated July 14, 2015 informs staff of the presence of the drainage channel behind the new home under construction. The second letter dated August 10, 2015 is an objection to the proposal. The letter describes the property as a nuisance and a fire hazard consisting of overgrown weeds and a lot of trash in the back of the site. The applicant has cleaned up the property after learning about these concerns from the neighborhood. Staff has not received any additional complaints/concerns to date. Table II LOCATION ZONING GENERAL PLAN LAND USE ACTUAL USE OF PROPERTY On-Site RD-3 Very Low Density Residential Single-Family Home (under construction) North RD-3 Very Low Density Residential Single-Family Homes South RD-3 Very Low Density Residential Single-Family Homes East RD-3 Very Low Density Residential Single-Family Homes West RD-3 Very Low Density Residential Single-Family Homes Tentative Parcel Map Tentative Parcel Map Description of Request The tentative parcel map proposes creating two (2) parcels for single-family homes. Access to Parcel 1 will be directly from Mariposa Avenue. Access to Parcel 2 is a 16-foot wide private easement over Parcel 1. The private driveway to Parcel 1 has been designed to meander around large trees lessening impacts to protected trees. Additionally the project proposes relocating the existing drainage channel. The existing pipe culvert and earthen swale will be replaced with a larger earthen swale to maximize ground water recharge and pollutant removal. Tentative Parcel Map - Analysis Title 22 of the Citrus Heights Municipal Code and the California Subdivision Map Act require that findings be made in order to approve a Tentative Parcel Map. The required findings are listed below in italicized bold print and are followed by an evaluation of the tentative parcel map in relation to each finding. 1. The proposed tentative parcel map is consistent with the General Plan and the design or improvement of the proposed subdivision is consistent with the General Plan.

3 May 25, 2016 Page 3 The site has a General Plan designation of Very Low Density Residential which is reserved primarily for single-family homes and compatible uses. The maximum density allowed in the Very Low Density General Plan designation is four (4) dwelling units per net acre. The project area consists of 0.75 acres (0.67 net). The maximum density allowed onsite is two homes (4 du x 0.67 ac = 2.68 dwelling units per net acre). The proposed tentative parcel map is consistent with the General Plan in that creation of parcels for single-family homes are within the maximum density permitted in the General Plan designation of Very Low Density Residential. In addition to meeting the density requirements of the General Plan, staff also believes that the proposal is consistent with the following General Plan goals and objectives: Goal 24: Increase homeownership opportunities to ensure a balance of housing and household types. Goal 25: Provide adequate sites for a variety of housing opportunities to serve all residents. Goal 26: Develop, conserve, and improve the housing stock to ensure decent accommodations for all segments of the community. Goal 28: Ensure housing opportunities for all segments of the community. Based on the reasons stated above, staff believes that the project is consistent with the housing goals and objectives of the General Plan. 2. The site is physically suited for the type and proposed density of development. The site had been developed with a single family home in the past. A new house is under construction on the front part of the site, proposed Parcel 1. The property is generally flat with exception of a drainage swale in the middle of Parcel. As proposed the earthen swale will be relocated to the perimeter of Parcel 2 facilitating development on the back half of the site. Additionally the site consists of disturbed, grassy vegetation and various trees including various oak trees and a very large redwood tree, many of which will be preserved. The proposal satisfies the minimum lot size in the RD-3 zone. Table III shows minimum parcel size and width requirements in the RD-3 zone plus size and widths of each lot being proposed: Table III RD-2 Zone Development Standards Parcel 10,000 SF (Net) Min. Parcel Size 65 ft.min. Parcel Width 1 10,000 SF Net 100 ft. (12,843 SF w/ private easement) 2 16,347 SF Net 100 ft. Net area is the gross area of a parcel, minus any access easements or public right-of-way (land dedicated for a public street). Parcel 1 is significantly smaller than Parcel 2 as the private access easement has been subtracted from Parcel 1 s overall size. 3. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage and the type of improvements is not likely to cause serious public health problems.

4 May 25, 2016 Page 4 Access The site is accessible from Mariposa Avenue, a public street. Parcel 1 being the front part of the site will have direct access to the street. Parcel 2 which is located behind Parcel 1 will be accessible via a 16-foot wide private easement over Parcel 1. The private easement will also serve as emergency access to Parcel 2 as well serve as a public utility easement for Parcel 2. Drainage The Engineering Division has completed its preliminary drainage evaluation and has determined that the property is an in-fill site within an urban area which is currently served by public services. While the property is generally flat, surface runoff flows to the south and east towards Cripple Creek. The proposal will relocate an existing drainage channel located in the back of the property to facilitate development of Parcel 2. A drainage study will be required to assess the new flows as conditioned in the staff report. Biology A biological resources assessment was performed on the property (Natural Investigations Co., 2/12/16). The assessment discusses biological resources that may be present onsite and potential project related impacts to regulated biological resources. The biological resources assessment concluded the project would not impact federally regulated species or designated habitat as no federally-listed species or designated critical habitat, including isolated wetlands, were detected during focused surveys performed on the property. The assessment also concluded that it is highly unlikely any federally-listed species would occupy the site due to its small size and the fact the site was previously used as a single-family residence and surrounded by urban developments. While the drainage swale provides no aquatic habitat, the report identifies the swale to be subject to the U.S. Army Corp of Engineer s jurisdiction. The project proponent will need to obtain approval by USACE before the pipe culvert is removed and swale filled as conditioned in the staff report. Tree Preservation The driveway has been designed to meander around a large redwood plus several oaks along the south property line to avoid removing these trees. Additionally a final construction impact assessment will be submitted to assess encroachments to protected trees from construction of the private drive and installation of an earthen swale on Parcel 2. While efforts have been made to preserve exiting tress, four trees will be removed to facilitate construction of the private road. Mitigation for these trees is discussed on the next page in the section covering the Tree Permit. 4. The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. Frontage Improvements The site is currently missing frontage improvements (curbs, gutters and sidewalks). Right-of- Way dedication for road widening and in-lieu fees for frontage improvements were obtained in 2014 when the City issued a Building Permit for the house under construction. Right-of-way dedication and payment of in-lieu fees satisfy the requirement for frontage improvements on Mariposa Avenue.

5 Tentative Parcel Map - Conclusion May 25, 2016 Page 5 Based on the information provided in the analysis above, staff recommends approval of the Tentative Parcel Map subject to the findings and conditions of approval contained in the staff report. Tree Permit Tree Permit Description of Request Chapter 102 of the Citrus Heights Municipal Code contains the City s Tree Preservation Ordinance. The purpose of this Ordinance is to preserve and protect the City s remaining native Oak trees and other ordinance size species. Trees protected under this ordinance are native Oak trees having at least one trunk of six (6) inches or more measured 4½ feet above the ground and other trees measured 19 inches in diameter as measured 4½ feet above the ground. Twenty six trees are present onsite. An arborist report (Mann Made Resources, dated May 14, 2014) was prepared to assess the existing trees. To facilitate development of the private road the applicant proposes removing 4 trees totaling 65.7 diameter inches (953,957,958 & 959). Three of the four trees are rated as being in poor condition and may be removed without mitigation. Tree 959, an Interior Live Oak (16.8 dbh inches), is in fair condition and will require mitigation as conditioned in the staff report. Mitigation consists of planting one 15-gallon tree onsite or paying an in-lieu fee. Additionally, the applicant will be submitting a final impact assessment to staff before any construction encroachments to existing trees as conditioned in the staff report Tree Permit - Conclusion Based on the analysis above, including the fact that the applicant will be required to replant mitigation trees or pay into the City s tree preservation fund as well as comply with protection measures for certain trees to remain onsite, staff recommends approval of the Tree Permit subject to the findings and conditions of approval in the staff report PUBLIC OUTREACH Public hearing notices were mailed to property owners within 500 feet of the site and the Sacramento Bee, a general circulating newspaper, published a notice of the public hearing in the paper. As noted above the site is within the Sunrise Ranch Neighborhood Association, Area 6, which does not oppose the tentative parcel map. ENVIRONMENTAL DETERMINATION This project is categorically exempt from CEQA under Class 15 of the CEQA Guidelines as a minor land division.

6 RECOMMENDATION May 25, 2016 Page 6 Staff recommends that the Planning Commission take the following actions: Motion 1: Approve the Tentative Parcel Map (file no. PM-15-01) to allow creation of two (2) lots for single-family homes subject to the findings and conditions of approval contained in the staff report; and Motion 2: Approve a Tree Permit (file no. TP-16-17) to allow removal of certain trees onsite and as shown on the tentative parcel map subject to the findings and conditions of approval contained in the staff report. FINDINGS FOR TENTATIVE PARCEL MAP (PM-15-01) The proposed map to allow creation of two (2) parcels for single-family homes is consistent with the General Plan and the design or improvement of the proposed subdivision within the General Plan. The site is physically suited for the type and proposed density for two single-family homes. The parcels meet the minimum development standards for residential use and are within the maximum density allowed within the General Plan designation of Very Low Density Residential and the Zoning Code. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage and the type of improvements are not likely to cause serious public health problems. The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed parcel map. TENTATIVE PARCEL MAP CONDITIONS OF APPROVAL 1) Comply with all adopted City of Citrus Heights Codes and regulations, including but not limited to the Citrus Heights Municipal Code & Zoning Ordinance, California Code of Regulations, Title 24 and Sacramento County Environmental Health Department Standards. 2) The development approved by this action is the creation of two (2) residential parcels as described in the staff report and all associated Exhibits and Attachments. [Planning] 3) The Tentative Parcel Map is valid for two (2) years from the date of approval by the Planning Commission; expiration of the map would be two (2) years after the Planning Commission s approval, May 25, 2018, unless a time extension has been granted. [Planning] 4) The applicant shall place a note on the face of the map indicating that the property is regulated by the requirements of the Citrus Heights Tree Preservation Ordinance. [Planning] 5) The applicant shall obtain approval/permit from the U.S. Army Corp of Engineers before the pipe culvert is removed and drainage swale is filled. [Planning/Engineering]

7 May 25, 2016 Page 7 6) The following are required in order to relocate the existing drainage ditch [Engineering]: A drainage analysis shall be submitted and approved by the Engineering Division. A minimum 10 wide drainage easement is required for the new alignment. Abandonment of existing drainage easement is required. An Encroachment Permit is required to realign the ditch. 7) The Engineering Division shall approve the final design of the drainage for the site including realignment of the existing drainage channel prior to approval of the final parcel map. [Planning/Engineering] 8) Subdivision of the property will require payment of sewer impact fees. Applicant should contact the Fee Quote Desk at [SASD] 9) Connection to the SASD sewer system shall be required to the satisfaction of SASD for each of the newly created lot. SASD District Design Standards apply to any off-site and on-site sewer construction. [SASD] 10) Each parcel with a sewage source shall have a separate connection to the SASD public sewer system. If there is more than one building in any single parcel and the parcel is not proposed for split, then each building on that parcel shall have a separate connection to a private onsite sewer line or the SASD public sewer line. [SASD] 11) The site consists of an existing one-inch metered water service. In addition to existing one-inch metered water service, an additional metered water service will be required to serve the additional proposed Parcel 2. [CHWD] 12) The applicant shall place the one-inch metered water services outside of the right-of-way adjacent to Mariposa Avenue. [CHWD] 13) The water lines from the meters to the dwellings shall be private including the water line within the 16-foot easement to proposed Parcel 2. The water lines shall be installed per City building code requirements. [CHWD] 14) The applicant shall meet the requirements of the Sacramento Metropolitan Fire District prior to approval of any building permits. [Fire] 15) The applicant shall contact all service providers prior to any work on their facilities. [Service Providers] 16) The applicant shall pay all City Development Fees and Special District development fees at the time of Building Permit issuance. [Building] 17) Developer agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person not a party to this Tentative Parcel Map challenging the validity of the Tentative Parcel Map or any Project Approval or any Subsequent Project Approval, or otherwise arising out of or stemming from this Tentative Parcel Map. Developer may select its own legal counsel to represent Developer s interests at Developer s sole cost and expense. The parties shall cooperate in defending such action or proceeding. Developer shall pay for City's costs of defense,

8 May 25, 2016 Page 8 whether directly or by timely reimbursement on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorneys' fees expended by City in defense of any such action or other proceeding, plus staff and City Attorney time spent in regard to defense of the action or proceeding. The parties shall use best efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel and Developer agrees to pay directly or timely reimburse on a monthly basis City for all such court costs, attorney fees, and time referenced herein. [Planning] FINDINGS FOR TREE PERMIT (TP-16-17) The approval of the Tree Permit will not be detrimental to the public health, safety or welfare, and approval of the Tree Permit is consistent with the provisions of Chapter of the Zoning Code, Tree Preservation and Protection. Measures have been incorporated into the project or permit to mitigate impacts to existing trees. CONDITIONS OF APPROVAL FOR TREE PERMIT (TP-16-17): 1) The applicant shall submit a final tree impact assessment (final arborist report) prior to any construction encroachments within the dripline of any protected trees. The report shall include preservation measures, which the applicant shall undertake during construction to ensure the long-term health and safety of the trees. The report shall take into account improvement plans that show any construction encroachments, including utility trenching and grading, into the dripline of the protected tree. [Planning] 2) No activity within the dripline of any tree beyond that identified within this report is permitted without approval from the Planning Department as identified in the Tentative Parcel Map (Exhibit A). Only those trees identified as appropriate for removal, in accordance with Exhibit A are authorized for removal, in accordance with the information provided earlier in this staff report. [Planning] 3) Replacement planting of trees shall be completed so that for each inch of protected tree removed as a result of development activity, a replacement 15-gallon size tree shall be planted in its place within the subject property. The final planting plan must be to the satisfaction of the Planning Division. If all replacement trees cannot be met onsite, the applicant may pay an inlieu fee of $298 per inch. [Planning] 4) The applicant shall comply with the mitigation measures and recommendations in the arborist report (Mann Made Resources, dated May 14, 2014) to ensure the long-term health and safety of the trees to remain onsite. [Planning] 5) The conditions of approval shall be distributed to all contractors and subcontractors who have access to the site. It is the responsibility of the property owners and contractor to inform all subcontractors of the tree preservation requirements. [Planning] PRIOR TO ISSUANCE OF A BUILDING PERMIT 6) The applicant shall install a minimum of a five-foot high chain link fence (or acceptable alternative) at the outermost edge of the dripline of the oak trees. Signs must be installed by the applicant on the temporary fence at least two (2) equidistant locations to be clearly visible

9 May 25, 2016 Page 9 from the front of the lot. The size of each sign shall be a minimum of two feet (2 ) by two feet (2 ) and must contain the following language: WARNING THIS FENCE SHALL NOT BE REMOVED OR RELOCATED WITHOUT WRITTEN AUTHORIZATION FROM THE PLANNING DEPARTMENT [Planning] 7) A fencing plan shall be shown on the approved site plan demonstrating the dripline for affected tree(s). The fencing plan shall be reviewed and approved by the Planning Division prior to placement of the protective fencing. [Planning] 8) The applicant shall contact the Planning Department to inspect and approve the temporary fencing and signs around the protected zones before beginning any construction. [Planning] 9) All pruning shall be completed prior to the beginning of construction. Pruning shall be done by an Arborist or under the direct supervision of a Certified Arborist, in conformance with International Society of Arboriculturalists (I.S.A.) standards. [Planning] 10) Any watering or deep root fertilization which the arborist deems necessary to protect the health of the tree(s) due to the construction impacts shall be completed by the applicant, prior to occupancy. [Planning] DURING CONSTRUCTION AND PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT 11) The following information must be located on-site during construction activities: Arborist s report Approved site plan including fencing plan Conditions of approval for the Tree Permit 12) To avoid root injury, any excavation within the dripline shall be conducted with hand tools. [Planning] 13) The applicant shall submit and receive approval of a planting plan showing replacement trees planted onsite as well as irrigation. [Planning] 14) The certified arborist shall immediately treat any severed or damaged roots (NOTE: Without exception, all digging shall be done using hand tools, no machine trenching shall be allowed in the dripline of any oak tree). Minor roots less than one (1) inch in diameter may be cut, but damaged roots shall be traced back and cleanly cut behind any split, cracked or damaged area. Major roots over one (1) inch in diameter may not be cut without approval of an arborist and any arborist recommendations shall be implemented. [Planning] 15) The temporary fencing shall remain in place throughout the entire construction period and shall not be removed without obtaining written authorization from the Planning Department. In no event shall the fencing be removed before the written authorization is received from the Planning Department. [Planning] 16) Within 5 days of the completion of the construction, a Certification Letter from a certified arborist shall be submitted to and approved by the Planning Department. The certification letter shall attest to all of the work (regulated activity) which was conducted in the dripline of the

10 May 25, 2016 Page 10 tree(s), either being in conformance with this permit or of the required mitigation still needing to be performed. [Planning] 17) Developer agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person not a party to this Permit challenging the validity of the Permit or any Project Approval or any Subsequent Project Approval, or otherwise arising out of or stemming from this Permit. Developer may select its own legal counsel to represent Developer s interests at Developer s sole cost and expense. The parties shall cooperate in defending such action or proceeding. Developer shall pay for City's costs of defense, whether directly or by timely reimbursement on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorneys' fees expended by City in defense of any such action or other proceeding, plus staff and City Attorney time spent in regard to defense of the action or proceeding. The parties shall use best efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel and Developer agrees to pay directly or timely reimburse on a monthly basis City for all such court costs, attorney fees, and time referenced herein. [Planning] Attachments: 1. Vicinity Map 2. Letter from Resident, dated July 14, Letter from Resident, dated August 10, Biological Assessment, Natural Investigations Company dated February 12, Final Aquatic Resource Delineation Report, Natural Investigations Company dated February 11, Arborist Report, Mann Made Resources, dated May 14, Tentative Parcel Map (Reduced size) Exhibit A Tentative Parcel Map