Planning Commission September 24, 2015

Transcription

1 Planning Commission September 24, 2015 Proposal: MISSION-STEVENSON and Mission Boulevard - PLN To consider Vesting Tentative Tract Map No. 8229, a Discretionary Design Review Permit, a Private Street, and a Preliminary Grading Plan to facilitate the development of a 77-unit multi-family residential project located in the Central Planning Area, and to consider a Draft Mitigated Negative Declaration prepared and circulated in accordance with the requirements of the California Environmental Quality Act (CEQA). Recommendation: Location: Area: People: General Plan: Zoning: Approve based on findings and subject to conditions and Mission Boulevard in the Central Community Plan Area; APNs: and gross acres Scott Menard, The True Life Companies, Applicant VTL Mission Fremont LLC, Property Owner Karrie Mosca, Wood Rodgers, Civil Engineer Scott Prickett, SDG Architects Inc., Architect Gates & Associates, Landscape Architect Wayland Li, Staff Planner (510) ; wli@fremont.gov Medium Density Residential ( units per net acre) R-3-27 Multi-Family Residence District (25-27 dwelling units per net acre) EXECUTIVE SUMMARY The applicant, the True Life Companies, requests approval of Vesting Tentative Tract Map No. 8229, a Discretionary Design Review Permit, a Preliminary Grading Plan, and a Private Street to facilitate the construction of a 77-unit multi-family residential development on an approximately 3.26-gross-acre site located at the northwest corner of the intersection of Mission Boulevard and Stevenson Boulevard. The proposed development would consist of 14 three-story buildings containing between four and seven condominium units per building. The project would consist of 35 townhouse-style units (designed with a ground floor garage, and living area on the first, second and third floors) and 42 stacked flats (designed with a ground floor garage and all living area contained on either the second or third floor). Staff recommends that the Planning Commission approve the proposed project, based on findings and subject to the conditions of approval contained in Exhibit C. BACKGROUND AND PREVIOUS ACTIONS The project site is comprised of two parcels, Mission Boulevard (APN: ) and Mission Boulevard (APN: ), totaling 3.26 gross acres. The project site has historically been used for both agricultural and residential purposes, but is currently vacant. The project site is bordered by Mission Boulevard to the east, Stevenson Boulevard to the south, Union Pacific Railroad tracks to the west, and a 33-unit residential townhouse project currently under construction (Mission Boulevard Townhomes) to the Page 1

2 north. The segments of Mission Boulevard and Stevenson Boulevard adjacent to the project site are primary arterial roadways. The Union Pacific Railroad tracks running along the western boundary of the project site is an active freight rail line. Other nearby land uses include the campus for the California School for the Deaf on the opposite side of the Union Pacific Railroad line, a neighborhood of single-family homes on the opposite side of Mission Boulevard, and an office complex on the opposite side of Stevenson Boulevard. The project site is located in the R-3-27 Multi-Family Residence zoning district, which requires development between 25 and 27 dwelling units per net acre. The City s General Plan Housing Element designates the project site as a housing opportunity site that would provide 81 dwelling units to assist in meeting the City s housing needs. The project was originally proposed with 81 dwelling units (26 dwelling units per net acre), but was reduced to 77 dwelling units (25 dwelling units per net acre) through the course of the City s development review process. PROCEDURE FOR TONIGHT S HEARING At tonight s hearing, the Planning Commission is charged with considering the following: 1. Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan prepared in accordance with the California Environmental Quality Act (CEQA) as shown in Exhibit A and a finding that this action reflects the independent judgment of the City of Fremont pursuant to Section of the CEQA Guidelines. 2. Approval of Vesting Tentative Tract Map No. 8229, a Private Street, and a Preliminary Grading Plan to allow site improvements and a subdivision to create 14 residential lots for 77 condominium units and an associated common lot that would be owned and maintained by a homeowner s association as shown in Exhibit B, based on findings contained in Fremont Municipal Code (FMC) Sections , and and conditions of approval as provided in Exhibit C. 3. Approval of a Discretionary Design Review Permit for improvements as shown in Exhibit B, based on findings contained in FMC Section and conditions of approval as provided in Exhibit C to permit the construction of 77 multi-family residential units. 4. Approval of a request to remove 24 trees protected by the City s Tree Preservation Ordinance, as provided in FMC Chapter PROJECT DESCRIPTION The applicant requests approval of Vesting Tentative Tract Map No. 8229, a Discretionary Design Review Permit, a Preliminary Grading Plan, and a Private Street to allow the construction of a 77-unit multi-family residential development on an approximately gross-acre site located at the northwest corner of the intersection of Mission Boulevard and Stevenson Boulevard. The proposed Vesting Tentative Tract Map would create 14 new residential parcels, with one residential building located per parcel. Each building would be three-stories in height, and would contain between four and seven dwelling units. The individual dwelling units in each building would be subdivided into condominium units, meaning that each unit would be individually owned, exclusive of the land underlying the building. The proposed development would include 35 townhouse-style units, which are designed with a ground floor garage, and living area located on the first, second and third floors of the building. The townhouse-style MISSION-STEVENSON PLN Page 2

3 units would range in size from 1,649 square feet to 1,768 square feet of living area, and include a rear-loaded two-car garage. The development would also include 42 stacked flats, which are designed with a ground floor garage and all living area contained on either the second or third floor of the building. The stacked flats would range in size from 1,067 square feet to 1,344 square feet of living area. Half of the stacked flats would have a standard rear-loaded two-car garage, and half of the stacked flats would have a rear-loaded garage with two tandem parking spaces. The proposed project would include the construction of a new, internal private street to serve the development. The private street would link to the existing public street network via one new driveway entrance on Stevenson Boulevard and one new driveway entrance on Mission Boulevard. Both driveways would be restricted to right-in and right-out turning movements. Thirty-nine uncovered guest parking spaces would be located on the western edge of the project site, adjacent to the Union Pacific Railroad tracks. The railroad tracks would be separated from the project site by an eight-foot high decorative metal fence that would be covered with vines and screened by landscaping. A 4,702-square-foot common open space area would be centrally located on the property, and would include a tot lot, outdoor seating areas, a barbeque area, and a ping pong table. The corner of Mission Boulevard and Stevenson Boulevard would be a landscaped area, with a corner monument and decorative elements. All common areas within the development would be located on a common parcel that would be owned and maintained by a home owner s association. Public improvements along the frontages of Mission Boulevard and Stevenson Boulevard would include, but would not be limited to, new curb, gutter, sidewalk, utilities, streetlights, street trees, signage, restriping and irrigation in accordance with City standards. Approximately 0.17-acres of land along the frontage of Mission Boulevard is existing California Department of Transportation (Caltrans) right-of-way, which would be vacated, and designated as a public service easement as a condition of project approval. The applicant is also required to dedicate approximately three feet of additional right-of-way for a portion of Mission Boulevard and 1.5 feet of additional right-of-way on Stevenson Boulevard. PROJECT ANALYSIS General Plan Conformance The General Plan land use designation for the project site is Medium Density Residential (14.6 to 29.9 units per net acre) and the proposed project, with a residential land use density of approximately 25 dwelling units per net acre, would be consistent with that land use designation. In addition, the project would be consistent with the following General Plan policies and implementation measures: LAND USE POLICY : Infill Emphasis - Focus new development on under-developed or skipped-over sites that are already served by infrastructure and public streets. Strongly discourage, and where appropriate prohibit, the conversion of open space or underdeveloped land on the fringes of Fremont to urban uses. Analysis: The project site is located within an existing developed area and the proposed residential development would be consistent with the City s General Plan policies that emphasize infill development. The proposed project would provide new housing opportunities on a vacant infill lot where existing utilities and infrastructure adequately support such development. MISSION-STEVENSON PLN Page 3

4 HOUSING ELEMENT POLICY 3.04: Focus future housing, encouraging a mix of affordable and market-rate, in Transit Oriented Development (TOD) areas and along transit corridors. Analysis: The project site is located adjacent to Mission Boulevard and Stevenson Boulevard, which are both designated as Multi-Modal Routes in the Mobility Element of the General Plan, meaning that future residents would have convenient access to a range of transportation modes, including bus transit. The project site would also be located less than 1.5 miles from the Fremont BART station, which would encourage the use of regional public transit options. HOUSING ELEMENT GOAL 3: Encourage the development of affordable and market-rate housing in order to meet the City s assigned share of the Regional Housing Need. HOUSING ELEMENT ACTION 3.02-A: Maintain Inventory of residential vacant and underutilized opportunity sites and encourage development. Analysis: The project proposes the construction of 77 dwelling units, which is lower than the 81 dwelling units projected for the project site in Table 5-1 of the General Plan Housing Element to accommodate the City s Regional Housing Need Allocation (RHNA). In accordance with Government Code Section 65863, in order to approve the project, the Planning Commission must make a finding that the reduction in residential units listed in the land inventory is consistent with the General Plan, including the Housing Element, and that the remaining sites and development potential identified in the Housing Element are adequate to accommodate the City s RHNA. The Housing Element land inventory identified sufficient land/sites (on which 9,263 units could be located) to accommodate more than the City s RHNA, which was 5,455 units. A reduction in four dwelling units from this site would not significantly impact the City s ability to accommodate the City s RHNA for the period between COMMUNITY CHARACTER POLICY 4-2.1: Complete Neighborhoods Encourage walkable, connected neighborhoods with multiple land uses and housing types, rather than self-contained residential subdivisions with a single housing type. Neighborhoods should accommodate safe walking and bicycling to daily necessities, services, and transit lines. This policy contributes to the City s sustainability efforts by encouraging neighborhoods where walking and bicycling are the preferred modes of travel for short trips. Providing goods and services within walking distance can reduce the number of auto trips a household makes, thereby curbing greenhouse gas emissions. Walkable neighborhoods can also contribute to public health, and can build a sense of community by encouraging interaction between neighbors. HOUSING ELEMENT ACTION 3.03-D: Explore Incentives to Encourage Development of Smaller, More Efficient Units for Single-Person and Small Households. Analysis: The project would include a mix of townhouse-style units and stacked flats. The stacked flats would range in size from 1,067 square feet to 1,344 square feet of living area. The townhouse-style units would range in size from 1,649 square feet to 1,768 square feet of living area. The proposed mix of unit sizes and unit types would satisfy a wider range of housing needs in the community than a development that proposes only a single product MISSION-STEVENSON PLN Page 4

5 type. The stacked flats would be of a size which would meet the needs of many singleperson and small-family households. Zoning Regulations As previously noted, the project site is zoned R-3-27 (Multi-family Residence) District. The following table illustrates how the proposal compares with the development standards applicable to a new residential project in the R-3-27 zoning district: Development Standard Front and Street Side Setbacks Interior Side and Rear Setbacks Width of double loaded paseos and pedestrian pathways Building Height Common Open Space Private Open Space R-3 Zoning District Proposed Project Requirement 15 feet min. 1, 2 Building 1: 27 feet Building 11: 20 feet Building 12: 11 feet Building 13: 7 feet Building 14: 5 feet 10 feet min. 1 Building 1: 11 feet Yes Building 2: 11 feet Building 3: 18 feet Building 5: 50 feet Building 6: 48 feet Building 7: 53 feet Building 14: 55 feet 20 feet min. Building 2 to 3: 12 feet Building 4 to 5: 12 feet Building 5 to 6: 17 feet Building 6 to 7: 18 feet Building 6 to 8: 36 feet Building 7 to 8: 17 feet Building 9 to 10: 20 feet Building 11 to 12: 17 feet Building 12 to 13: 14 feet Building 13 to 14: 14 feet Northern Edge: 11 feet 45 feet max. Typically 34 feet to midpoint (measured to of roof (max. height at top of midpoint of roof) tower elements: 40 feet) 4,100 square feet 4,702 sf Yes (sf) min. (500 sf for first five units, 50 sf for each additional unit) Minimum Area: 60 sf for balconies Plan 1: 67 sf balcony Plan 2: 73 sf balcony Plan 3: 65 sf balcony Plan 4: 62 sf balcony Plan 5: 62 sf balcony Project complies Enclosed Storage Closet 100 cubic feet (cf) for each dwelling unit Lot Area 6,000 sf min. 1 Lot 1: 5,216 sf Lot 2: 4,282 sf Lot 3: 3,305 sf Complies? Yes (see note 1) Yes, except between Buildings 2 and 3, 4 and 5, 5 and 6, 6 and 7, 7 and 8, 11 and 12, 12 and 13, 13 and 14, and along the northern edge Yes Yes Yes Yes (see note 1) MISSION-STEVENSON PLN Page 5

6 Development Standard Distance between parking or circulation areas and a public street right-of-way or private street easement Notes: 1 2 R-3 Zoning District Proposed Project Complies? Requirement Lot 4: 4,282 sf Lot 5: 4,282 sf Lot 6: 3,530 sf Lot 7: 4,285 sf Lot 8: 4,778 sf Lot 9: 4,778 sf Lot 10: 4,778 sf Lot 11: 5,918 sf Lot 12: 4,208 sf Lot 13: 4,992 sf Lot 14: 6,146 sf 15 feet min. 20 feet Yes Attached housing developments are exempt from this requirement. Building articulation and covered porch encroachments are allowable when landscape planting impacts are minimized and superior design is achieved to create interest and character through interruption or changes in patterns that enhance pedestrian amenities. As this table shows, the project would conform to all applicable R-3-27 zoning standards except for width of pedestrian pathways. FMC Section allows flexibility for these development standards through design review permit approval when the purpose and intent of the standard is met through alternate means. Further analysis is provided below. Width of Pedestrian Pathways Several pedestrian pathways within the project would not conform to the pedestrian pathway width requirement of 20 feet. Justification for the reduced setback is outlined below: Pedestrian pathway widths were measured at the closest point between buildings (not including landings and front porch areas). The majority of the buildings step back further away from the narrowest point because all of the buildings have modulating front elevations, which step forward and backwards. The MFDG recommend reducing setbacks when the extra width could be used to enhance common usable space. The project provides greater common open space area than required by code, which is partially attributable to the reduced pedestrian pathway widths. The pedestrian pathways between Buildings 2 and 3, 4 and 5, 12 and 13, and 13 and 14 are not essential for pedestrian circulation through the project site. If access was restricted through these areas, the pedestrian pathway width requirement would not be applicable. MISSION-STEVENSON PLN Page 6

7 The pedestrian pathway on the northern edge of the project site would abut a pedestrian circulation area for the adjacent Mission Boulevard Townhomes project. The distance between buildings on the northern edge of the project site and the southern edge of the Mission Boulevard Townhomes project would include the aggregated width of both pedestrian path areas. The combined distance would exceed 27 feet at the narrowest point. Parking The table below identifies the minimum parking requirement for the proposed project pursuant to FMC Chapter (Parking, Loading Areas and Vehicle Storage) and how the project would comply. Land Use Parking Ratio/Standard Spaces Provided Multi-Family 116 spaces for residents 133 spaces for residents (in Dwellings w/ Two 39 spaces for guests garages) or More Bedrooms 12 short term bicycle parking spaces 39 spaces for guests 12 short term bicycle spaces, provided through Vehicle Parking Requirement: bicycle racks 1 covered space and 0.5 uncovered space for residents per unit, 0.5 guest spaces per unit. Short Term Bicycle Parking Requirement: 4 spaces plus 1 space per 10 units. As the table above shows, the project would exceed the minimum parking requirement for resident parking by 17 spaces through private garages. Twenty-one of the units would have a tandem two-car garage. The project would satisfy the minimum requirements for guest parking and bicycle parking. One car share parking space and one electric vehicle parking space will be provided in conformance with FMC Section Affordable Housing Ordinance Pursuant to the City s Affordable Housing Ordinance (AHO), the applicant has proposed payment of an affordable housing fee rather than provide below market rate (BMR) units on-site. The AHO specifies that payment of fees is an acceptable alternative to providing BMR units on-site with the project. The final fee amount would be calculated based on individual home square footages with the fee in effect at the time of issuance of building permits. Design Analysis The proposed project has been reviewed for consistency with the City s Multifamily Design Guidelines (MFDG). Based on this review, staff has found that the project would meet the majority of the design objectives and principles that are provided in the guidelines to augment the basic requirements of R-3 zoning district standards as further described below. Evolution of Plan Development City staff entered into a contract with a professional architectural firm, Van Meter Williams Pollack, to assist in reviewing the design of the proposed buildings for conformance with the MISSION-STEVENSON PLN Page 7

8 City s adopted MFDG. With the assistance of Van Meter Williams Pollack, staff worked with the applicant to refine the architecture and site design to better meet the intent of the MFDG. Improvements to the project include: A reduction of the number of units from 81 to 77 An increase in the percentage of stacked flats in the project Improved alignment of internal pedestrian pathways with pedestrian access from the public right-of-way Creation of an open space area at the corner of Mission Boulevard and Stevenson Boulevard Breaking up of long horizontal eaves The inclusion of end unit architectural treatments, including wrap around porches, and tower elements The coordination of materials and design elements to create a consistent architectural style An increase in building articulation The inclusion of pedestrian scale elements, such as porches and landings Aggregation of smaller common open space areas to make a larger usable area that serves as a central focus Refer to Informational Enclosure #3 to see an earlier iteration of the project s architecture. Density of Development The proposed project would have a residential density of approximately 25 dwelling units per net acre. This density would be consistent with the General Plan land use designation for the project site of Medium Density Residential (14.6 to 29.9 units per net acre) and the R-3-27 zoning district, which requires development between 25 and 27 dwelling units per net acre. Any reduction in residential density below the proposed 77 units would necessitate rezoning of the property. In the public review process, several members of the public communicated a desire to reduce the density of the site. Reasons cited for reducing density included the effects of growth on water supply, schools, infrastructure, traffic and neighborhood character. Some members of the public also requested that a reduction in residential density to allow more room for landscaping, open space, parking and building setbacks. In regards to growth impacts (water, traffic and infrastructure), the development of the project site with a medium density residential use was envisioned and planned for in the City s General Plan and General Plan Environmental Impact Report (EIR). The City s General Plan balanced potential impacts related to growth with the need to accommodate projected population growth and the need to create a sustainable jobs-housing balance. Regarding water supply, the Alameda County Water District projects adequate availability of water to accommodate the growth anticipated in the General Plan. Regarding schools, under State law, the payment of school impact fees is the only mitigation that can be required of a developer to address impacts on local schools. Regarding traffic, development of the project site was anticipated in the General Plan, and the project s incremental contribution to future traffic conditions was accounted for in the General Plan EIR. General Plan Land Use Policies and also encourage concentrating future growth along major corridors (such as Mission Boulevard and Stevenson Boulevard), particularly at key intersections (such as the intersection of Mission Boulevard and Stevenson Boulevard) to reduce the pressure on built-out residential areas. In regards to neighborhood character, the proposed development density of 25 units per net acre would not be out of character with the surrounding neighborhood as development MISSION-STEVENSON PLN Page 8

9 occurs around the site. The adjacent Mission Boulevard Townhomes project was approved at 18 dwelling units per net acre, and two planned nearby developments on Stevenson Boulevard have been tentatively proposed at 21 dwelling units per acre and 34 units per gross acre respectively. The project site is not part of any nearby development patterns because it is bounded by two major thoroughfares, a railroad line, and a vacant parcel. The nearby California School for the Deaf campus, and Central Park further also isolate this project from nearby development patterns. Through the City s development review process, staff has worked with the applicant to reduce the number of units in the project, increase the percentage of stacked flats, aggregate common open space, and modify the site plan to improve the efficiency of the site design and reduce the appearance of density. Forty-two of the proposed units (approximately 55 percent) would be stacked flats, and would consume less land than a standard townhome, which means that the lot coverage and total floor area of the project would be similar to a less dense development consisting of all townhomes. Site Planning/Open Space Design The site plan orients several buildings toward the existing public streets, Mission Boulevard and Stevenson Boulevard, which is encouraged by the MFDG to enhance public space. The site design also incorporates a large setback on the western side of the project site to minimize potential noise, vibration, and air quality impacts to future residents from the adjacent Union Pacific Railroad tracks. Guest parking and bioretention areas have been strategically placed in this setback area to maximize the efficient use of this space. Open space within the project has been aggregated into large areas, such as the central common open space area, the corner open space area, and the large setback along Mission Boulevard, as encouraged by the MFDG, to make these areas more attractive and usable. Active uses, such as a tot lot, ping pong table, and barbeque areas, have been incorporated into the common open space area, to encourage use of the space. Staff is recommending a condition of approval that the applicant provide facilities to allow for a pedestrian connection to the adjacent Mission Boulevard Townhomes. A pedestrian connection would require the cooperation of the other developer to coordinate the connection point between the two projects. Architecture The architecture of the project would be consistent with the MFDG, as explained below: The MFDG encourage architectural variety to create interest and individuality. Variety would be created through the use of five distinct building designs, which would include a different number of units (between four and seven), a different mix of townhome-style units versus stacked flats, and varied entry elements, front setbacks, building planes, and rooflines. All 14 proposed buildings would share similar features, such as modern architectural styling, use of stucco and horizontal siding, three-story building height, and rear-loaded garage, to provide some continuity within the development. The MFDG recommend limiting buildings to five to six units in length to create visual relief and additional landscaping opportunities. Three of the fourteen proposed buildings (Buildings 1, 11 and 14) would include seven units, which exceeds the recommendation per the MFDG. However, the length of these three buildings would be consistent with the length of a typical six-unit building, because two units would include a tandem garage. Therefore, the intent of the MFDG would be met. The design of the most prominent buildings within the development (Buildings 1, 6, 12 and 14) incorporate wrap-around corner porches and corner tower elements. The MFDG encourage the use of wrap around porches at key corners to provide an MISSION-STEVENSON PLN Page 9

10 enhanced public face at end units. The MFDG also encourage taller massing at corners, such as towers, to define significant terminus points, and create building articulation to reduce monotony. The design of the building facades are articulated with front porches and projections to create a residential scale to the front of the buildings. Vertical massing, and varied rooflines help to break up the mass of the buildings. High-quality garage doors would be utilized to provide visual interest at the rear of the buildings. As a condition of approval, staff would review and approve the specific design and model of garage door that would be used prior to the issuance of building permits, to ensure that the garage door would be of a high quality and consistent with the modern architecture of the buildings. Circulation /Access Analysis The proposed project would include a new, internal private street to serve the development. The new private street would provide vehicular access to guest parking at the western edge of the project site, and the private garages for all of the proposed dwelling units. The private street would connect to the public street network through two driveways: one on Stevenson Boulevard and one on Mission Boulevard. Both driveway entrances would only permit right-in and right-out turning movements. A network of pedestrian pathways would connect the front entrance of each dwelling unit to the central common open space area, guest parking, and the public right-of-way via six connection points on Stevenson Boulevard and Mission Boulevard. The restricted right-in and right-out turning movements at the new driveway entrances would be indicated through on-site signage, but the existing center medians on Mission Boulevard and Stevenson Boulevard would effectively prevent any attempt at an illegal leftturn into or out of the project site. Reconfiguration of Stevenson Boulevard or Mission Boulevard to accommodate left turns would provide only minor benefits, while potentially generating more significant traffic impacts on these streets. As designed, future users of the site would still be able to reasonably travel in any direction. Vehicle trips northbound on Mission Boulevard from the project site could be achieved either through a U-Turn at the intersection of Mission Boulevard and Stevenson Boulevard, or a U-Turn at the intersection of Stevenson Boulevard and Gallaudet Drive, followed by a left turn onto Mission Boulevard, or right-turns onto Gallaudet Drive and Walnut Avenue, followed by a left-turn onto Mission Boulevard. Street Right-of-way Dedication and Improvements Stevenson Boulevard is currently improved and Mission Boulevard for most of the frontage is unimproved. The applicant would be required to construct, repair, replace and upgrade improvements along both project frontages in accordance with current standards to the satisfaction of the City Engineer. The improvements would include, but would not be limited to, new curb, gutter, sidewalk, utilities, streetlights, street trees, signage, restriping, and irrigation. In order to construct the new street improvements required along the project frontages the applicant would be required to dedicate the necessary right-of-way. The applicant would be required to dedicate approximately three feet of additional right-of-way for a portion of Mission Boulevard and 1.5 feet of additional right-of-way on Stevenson Boulevard. Approximately 0.17-acres of land along the frontage of Mission Boulevard is an existing Caltrans right-of-way, which would be vacated, and designated as a public service easement in conjunction with the project. An Encroachment Permit from Caltrans would be required for work within the Mission Boulevard right-of-way. Grading MISSION-STEVENSON PLN Page 10

11 The project site is generally flat, with spot elevations ranging from 67.5 feet to 70 feet. The total estimated grading quantities would be 2,300 cubic yards of cut and 11,800 cubic yards of fill. Since the total grading exceeds 10,000 cubic yards, Planning Commission approval of a Preliminary Grading Plan is required. The Preliminary Grading Plan has been designed so that the final grades on the northern edge of the project site would closely match the final grades for the adjacent residential development currently under construction, and to ensure that there is not a steep elevation change between the two projects. Urban Runoff Clean Water Program The Municipal Regional Stormwater NPDES Permit (MRP) requires all new and redevelopment projects to incorporate measures to prevent pollutants from being conveyed in stormwater runoff and into the public storm drain system. This project would be required to comply with the MRP by incorporating source controls and treatment measures into the project design. Since the project involves creating or replacing more than one acre of impervious surface, and since the site is located within areas susceptible to hydromodification, the project would also be required to provide mitigation for hydromodification. Site stormwater runoff would be treated in bio-retention areas spaced throughout the site and then collected by an area drain system and conveyed to an underground stormwater storage vault located along the western boundary at the rear of the project site before being discharged off-site. Geologic Hazards A preliminary geotechnical investigation was prepared for the project site by Cornerstone Earth Group in The geotechnical investigation concluded that construction of the proposed project was feasible from a geotechnical perspective, but design and construction would need to account for the potential for liquefaction-induced settlement during a seismic event. Design-level geotechnical plan review and geotechnical field inspection would be required for the proposed project to ensure that liquefaction-induced settlement is adequately addressed in the design of the buildings. The findings and recommendations from the Preliminary Geotechnical Investigation were peer reviewed by Cotton, Shires & Associates, and confirmed for accuracy. Hazardous Materials The soil on the project site has elevated concentrations of organochlorine pesticides (OSPs), lead and petroleum hydrocarbon related to the site s former agricultural history. In July 2015, the property owner began voluntary removal and disposal of affected soil with regulatory oversight of the California Environmental Protection Agency s Department of Toxic Substances Control (DTSC) under their Voluntary Cleanup Program. Verification sampling is ongoing and DTSC review and certification is still required to document that the impacted soil has been sufficiently removed from the site prior to the development of the project. Noise and Vibration A project Environmental Noise and Vibration Study was completed by an acoustical consultant, Charles M. Salter and Associates. As discussed in the study, the major noise source affecting the project site would be traffic noise from the primary arterial roadways along the project frontage, Stevenson Boulevard and Mission Boulevard, and the adjacent Union Pacific Railroad tracks. The study indicates that the exterior common open space areas would fall below the exterior noise level threshold of 60 dba Ldn established in the General Plan and would require no additional mitigation. Proper sound-rated construction and incorporation of a forced-air mechanical ventilation system to allow the occupant the option of controlling noise by closing the windows, would be required to attain the necessary noise reduction for interior residential spaces. These mitigation measures are included in the MISSION-STEVENSON PLN Page 11

12 project conditions of approval. The study determined that a sound wall was unnecessary to meet noise standards and, therefore, a decorative metal fence covered with vines has been proposed to separate the project site from the adjacent railroad tracks. The City of Fremont has adopted the U.S. Department of Transportation, Federal Transit Administration's (FTA) vibration impact assessment criteria for use in evaluating vibration impacts associated with development within 150 feet of rail lines. As discussed in the noise study, groundborne vibration from nearby sources, including the railroad, would not exceed the adopted significance threshold and, vibration mitigation would not be required. Tree Removal The applicant proposes to remove 24 trees that are of a size and species subject to the mitigation requirements of the City of Fremont Tree Preservation Ordinance. The proposed tree removal would facilitate logical site design, building placement and effective stormwater drainage. None of the tree proposed for removal are landmark trees or currently provide a significant beneficial presence on the streetscape. The City s Tree Preservation Ordinance requires the applicant to replace all 24 protected trees being removed with new, minimum 24-inch box trees at a one:one replacement ratio, or pay an in-lieu fee. The project s landscape plan proposes the planting of 134 trees of at least a 24-inch box size. Eight trees were previously removed from the site as part of soil remediation activities, and were mitigated through the payment of an in-lieu fee. FINDINGS FOR APPROVAL In order to approve the proposed Vesting Tentative Tract Map No. 8229, Discretionary Design Review Permit, Private Street and Preliminary Grading Plan, the project must be found consistent with the General Plan and Zoning Ordinance. Based on the above analysis, staff finds the proposed Vesting Tentative Tract Map No. 8229, Discretionary Design Review Permit, Private Street, and Preliminary Grading Plan would be in conformance with General Plan and Zoning Ordinance and recommends the following findings: Regional Housing Needs Allocation Finding. In accordance with Government Code Section 65863, the Planning Commission must make a finding that the proposed reduction in residential density is consistent with the General Plan (including the Housing Element), and that the remaining sites and development potential identified in the Housing Element are adequate to accommodate the City s RHNA. (a) The reduction is consistent with the adopted general plan, including the housing element, in that the project proposes a residential density of 25 dwelling units per acre, which is within the allowed density range for the Medium Density Residential land use designation ( dwelling units per net acre). (b) The remaining sites identified in the housing element are adequate to accommodate the jurisdiction's share of the regional housing need pursuant to Section 65584, in that the Housing Element land inventory identified sufficient land/sites (on which 9,263 units could be located) to accommodate more than the City s RHNA, which was 5,455 units. A reduction in four dwelling units from this site would not significantly impact the City s ability to accommodate the City s RHNA for the period between Vesting Tentative Tract Map No Findings. Based on the analysis of the project contained in the accompanying staff report, the proposed Vesting Tentative Tract Map is in conformance with the General Plan, FMC Title 17 (Subdivisions), and the Subdivision Map Act, and none of the following findings can be made: MISSION-STEVENSON PLN Page 12

13 (a) (b) (c) (d) (e) (f) The map fails to meet or perform one or more of the requirements or conditions imposed by the Subdivision Map Act or the Subdivisions Ordinance (FMC Title 17); The proposed subdivision, together with the provisions for its design and improvements, is not consistent with applicable general and specific plans; The site is not physically suitable for the type or proposed density of development; The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The design of the subdivision or the type or improvements is likely to cause serious public health problems; and The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Discretionary Design Review Findings. Pursuant to FMC Section , the following findings are required in order to allow the proposed project design: (a) (b) The proposed project is consistent with the general plan, any applicable community or specific plan, planning and zoning regulations, and any adopted design rules and guidelines, in that the proposed project density is approximately 25 units per acre, in conformance with the General Plan land use designation of Medium Density Residential (14.6 to 29.9 units per net acre), R-3-27 zoning district and Multi-Family Design Guidelines as described in the staff report. The proposed modification to minimum pedestrian path widths in the R-3-27 zoning district is consistent with the intent of the regulation in that the reduction in width enhances the size of common open space areas, and the majority of the buildings step back from the narrowest point. The project s architectural, site, and landscape design will not unreasonably interfere with the use and enjoyment of adjacent development nor be detrimental to the public health, safety, or welfare, in that the proposed buildings would be compatible with those on adjacent sites and would be built in conformance with Building Code requirements. Private Street Finding. Pursuant to FMC Section , the following finding is required in order to allow for the proposed private street: (a) The most logical development of the land requires private street access in that the land being subdivided is currently designated for medium-density residential development in the Zoning Ordinance and General Plan due to its proximity to Mission Boulevard and Stevenson Boulevard. The City s standard street section for a public residential cul-de-sac requires two travel lanes, and on-street parking, curbs, gutters, and sidewalks with landscape planters on both sides of the street. If the applicant were required to construct a full public street section to this standard, the amount of developable land remaining would not allow development at a density that would comply with the density range prescribed by the Land Use Element of the General Plan. As such, allowing the construction of a private street would avail enough land to MISSION-STEVENSON PLN Page 13

14 enable the applicant to construct a residential development at a density that is within the range prescribed by the General Plan. Preliminary Grading Plan Findings. Pursuant to FMC Section , the following findings are required to be made in order to approve the Preliminary Grading Plan: (a) (b) (c) (d) (e) The proposed grading plan will not have an appearance, due to the grading, excavation or fill, substantially and negatively different from the existing natural appearance in that it is designed to create drainage patterns which respect the existing topography, and utilizes grading only as necessary to achieve level building pads and positive drainage into the on-site stormwater treatment facilities. The proposed project will not result in geologic or topographic instability on or near the site in that all graded areas would be engineered with fill material compacted in accordance with the specifications of the Grading, Erosion and Sedimentation Chapter of the Fremont Municipal Code and Project Geotechnical Study to provide a safe, stable environment for the proposed use of the land for residential development and for the adjacent properties abutting the project site. The proposed project will not endanger public sewers, storm drains, watercourses, streets, street improvements or other property; will not interfere with existing drainage courses; and will not result in debris being deposited in any public right-of-way in that: (a) no existing streets or sewer, water, or storm drain lines would be located within the building area of land to be developed; (b) the project would be designed so as not to augment runoff onto any adjacent properties; (c) the applicant would be required to implement erosion control measures during grading and construction activities to prevent sediments and/or debris from entering the public storm drain system; and (d) the applicant would be required to repair and/or replace any public improvements that are damaged during construction of the project. Conformity, where applicable, to special concerns relating to the adopted seismic safety element and concerns shown on maps issued by the U.S. Geological Survey and the California Division of Mines and Geology will be achieved in that all grading, foundations and structures would be engineered and designed in conformance with applicable geotechnical and soil stability standards of the California Building Code, and in accordance with the recommendations of the project geotechnical study. The proposed project will not unacceptably affect the health, safety or welfare of adjacent residents or landowners, nor the citizens of Fremont in that the final topography that would be established upon completion of the grading would be designed to be geologically stable and suitable for residential development, to capture all runoff from the site and channel it to the storm drain system, and to prevent erosion and sediments from entering the street and storm drain system. Tree Removal Finding. Pursuant to FMC Section , the following finding is required in order to allow for the proposed removal of trees that are subject to protection under the City s Tree Preservation Ordinance: (a) The proposed removal of 24 protected trees would be consistent with the City s Tree Preservation Ordinance because removal is necessary to enable reasonable and conforming use of the property, and the trees cannot be preserved by MISSION-STEVENSON PLN Page 14

15 a reasonably required project redesign, in that preservation of the trees would not allow for logical site design, building placement and effective stormwater drainage. None of the tree proposed for removal are landmark trees or currently provide a significant beneficial presence on the streetscape. The protected trees that would be lost would be replaced with approximately 134 new trees within the project site within the project site as well as payment of in-lieu fees to mitigate the removal of any remaining trees that cannot be replaced on-site due to land area constraints, in accordance with the mitigation requirements of the ordinance. The findings above are also contained in Exhibit "C" enclosed. CITY FEES This project would 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 would be calculated and paid at the fee rates in effect at the time of building permit issuance. The applicant has indicated a preference to pay an affordable housing fee rather than construct below market rate units on-site. The applicant may elect to defer payment in accordance with the City s Impact Fee Deferral Program. The applicant may also elect to seek approval of a different affordable housing alternative if such proposal is requested and approved prior to issuance of the first building permit for a home within a final map. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA), an Initial Study (Informational Enclosure #1) and Draft Mitigated Negative Declaration (Exhibit A ) have been prepared for this project. The environmental analysis identified concerns regarding potential significant impacts to air quality from dust generation during construction, biological resources (migratory and nesting birds and special status plant species), cultural resources during grading activities or site disturbance, disposal of contaminated soil, and noise from adjacent transportation sources. The Draft Mitigated Negative Declaration includes mitigation measures, which, if implemented, would reduce the identified impacts to lessthan-significant levels. A summary of the measures include the following: dust control measures; biological surveys; cultural resources preservation; hazardous materials; and noise mitigation. These mitigation measures are included as conditions of approval for this project and in the Mitigation Monitoring and Reporting Plan included as part of Exhibit A. PUBLIC NOTICE AND COMMENT Public hearing notification is applicable. Notices were mailed to owners and occupants of property within 300 feet of the site. The notices to owners and occupants were mailed on September 11, A Public Hearing Notice was published by The Argus on September 12, 2015 Additionally, the applicant held a community meeting for the project on August 25, 2015, and two large project courtesy signs were erected at the project site to inform the public of the pending proposal. The general public conveyed a number of concerns to staff related to the project. Written comments are attached to this report as Informational Enclosure #4 Public Comments. Concerns from the public included: Density of development MISSION-STEVENSON PLN Page 15

16 Impact of growth on water, traffic, schools and infrastructure Proposed reduction in street side setback on Stevenson Boulevard Building height Adequacy of open space Separation from railroad tracks Adequacy of on-site parking Development pattern along Stevenson Boulevard Preservation of views along Mission Boulevard The above issues were discussed in the Project Analysis section of the staff report. RECOMMENDATION 1. Hold public hearing. 2. Adopt the Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan as shown in Exhibit A, and find on the basis of the whole record before it (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City of Fremont. 3. Find that the project is in conformance with the relevant provisions contained in the City's General Plan. These provisions include the designations, goals, objectives and policies set forth in the General Plan's Land Use, Community Character, Mobility, and Safety Elements as enumerated within the report. 4. Find that the proposed Vesting Tentative Tract Map No. 8229, Preliminary Grading Plan and Private Street as shown in Exhibit B are consistent with the goals, policies and implementation actions of the City of Fremont s General Plan. Government Code Section and FMC Section provide that a tentative map application must be denied if certain specified findings are made. None of those findings can be made in this instance as set forth in this report and Exhibit C. 5. Approve Vesting Tentative Tract Map No. 8229, Preliminary Grading Permit, and Private Street as shown on Exhibit B, based upon the findings and subject to the conditions of approval set forth in Exhibit C. 6. Approve a Discretionary Design Review Permit as shown on Exhibit B, based upon findings and subject to the conditions of approval set forth in Exhibit C. 7. Approve the proposed removal and mitigation for 24 protected trees pursuant to the City s Tree Preservation Ordinance, based upon findings and conditions in Exhibit C. ENCLOSURES Exhibit A - Draft Mitigated Negative Declaration and Mitigation and Monitoring Plan Exhibit B - Development Plans Exhibit C - Findings and Conditions of Approval Informational Enclosure 1 - Initial Study Informational Enclosure 2 - Project Site Information MISSION-STEVENSON PLN Page 16