CITY OF BELMONT MEMORANDUM. September 20, 2016 Planning Commission Meeting - Agenda Item 4B

Transcription

1 CITY OF BELMONT MEMORANDUM TO: FROM: VIA: SUBJECT: Planning Commission Brian Dong, Associate Engineer Carlos de Melo, Community Development Director September 20, 2016 Planning Commission Meeting - Agenda Item 4B Exception for Issuance of Grading Permit at El Camino Real City of Belmont Section 9-48 Exceptions for Grading Permit Issuance prior to Final Map Approval Public Utility Easement Vacations at El Camino Real Division 9, Part 3, Chapter 3 of the Streets and Highway Code Review of Public Utility Easement Vacation by Planning Commission BACKGROUND On October 14, 2014, the City Council approved a Planned Development Rezoning, Conceptual Development Plan (CDP), and Vesting Tentative Map for the proposed Residential/Commercial Mixed-Use project at El Camino Real. On June 2, 2015 and July 7, 2015, the Planning Commission approved a Conditional Use Permit for the project Detailed Development Plan (DDP), Design Review, Tree Removal Permit, and Grading Plan for the proposed project. ANALYSIS Grading Permit Exception The applicant is requesting an exception to City Municipal Code Section 9-29 Issuance of Grading Permit. The section requires the applicant or developer to have the final map approved prior to issuance of a Grading Permit. The final map is currently being prepared by the applicant after a first review and comments by the City. The exception would allow the applicant to grade and prepare the site before the November 15 th grading moratorium. According to Section 9-48 of the City Municipal Code, the exception can be made to allow the issuance of a grading permit prior to the approval of a final map, subject to the following three findings: a. Site Conditions are such that it is impractical or impossible to comply with all provisions of this chapter. Due to the complex nature of the project, Public Works has identified a list of conditions that need to be satisfied prior to the issuance of a rough grading permit. As a part of the conditions,

2 STAFF MEMORANDUM El Camino Real Residential/Commercial Mixed-Use Project Grading Exception and Pubic Utility Easement Vacations September 20, 2016 Page 2 the applicant shall post a grading permit bond to guarantee the grading work and any changes required if the grading permit is to be issued prior to the building permit. Previous buildings on the property have been demolished and removed from the site. The developer is ready to begin grading/excavation and shoring of the underground garage. The site work associated with grading/excavation and shoring will take six to eight weeks to complete, allowing for completion of mass grading in advance of the November 15th grading moratorium. A delay to the start of grading could push the work past the November 15th moratorium which would subsequently cause a six to to seven month delay for the project and additional costs. Thus, existing site conditions in concert with the upcoming grading moratorium make it impractical to comply with all of the provisions of Chapter This finding is affirmed. b. The exception is necessary for the owner to accommodate reasonable use of the site. The exception sought will facilitate a reasonable construction schedule and augment the order of satisfaction of City requirements; no Performance Standards (i.e. Conditions of Approval) are being eliminated or waived. The site also requires a new sewer line, requiring Caltrans review and approval. The location of the site with El Camino Real frontage requires the closure of traffic lanes at the same time that excavation in the public right-of-way is being performed. It is in the best interests of the site work and the City to have these portions of the work performed at different times with the sewer line after excavation. The sewer line is a requirement for the final map. Overall, the proposed exception would allow reasonable use of the site; the proposed grading would prepare the site for uses conforming to the approved project. This finding is affirmed. c. The exception will not impair public safety. The exception will not impair public safety, as all standard grading requirements and conditions of approval would still apply for the project. In addition, a site specific geotechnical investigation was prepared for the project, which was peer reviewed by the City s consulting geologist, Cotton Shires Associates (CSA). Based on reviews by City departments and the City s consulting geologist to assess site stability, no immediate safety concerns or hazards have been identified for the subject site or adjacent properties. The City requires the implementation of Best Management Practices (BMP s) for new development and construction as part of its storm water management program to ensure the protection of water quality in storm runoff from the project site. The grading ordinance requires the site be secure and safe during winter months. The site has been cleared and the raw land needs to be secured beyond simple erosion control for the upcoming winter. This finding is affirmed. Public Utility Easement Vacation One of the conditions for the project requires the applicant to vacate all public utility easements (PUEs) on the property. The proposed building will encroach onto the subject easements. These easements were granted to the City of Belmont by deed recorded on March 20, 1958 in Book 3387 at Page 546 of San Mateo County Official Records.

3 STAFF MEMORANDUM El Camino Real Residential/Commercial Mixed-Use Project Grading Exception and Pubic Utility Easement Vacations September 20, 2016 Page 3 Vacation proceedings must be conducted in accordance with Division 9, Part 3, Chapter 3 of the Streets and Highway Code. If the proposed project is within an area for which a General Plan is adopted, the Planning Commission shall consider the General Plan and make a recommendation to the City Council concerning the approval of the easement vacation. In order to vacate a PUE, the City must be able to make the necessary findings that the easement to be vacated is unnecessary for present or prospective public use and that there is a public benefit derived from the vacation. Relief from the burden of maintenance of an easement has been determined to be of sufficient public benefit. An easement vacation exhibit is described in Attachment C. Property owners within 300 feet of the public utility easements have been notified by mail that the Planning Commission will hear the vacation request at the September 20, 2016 Planning Commission Meeting. CONCLUSIONS/RECOMMENDATIONS Staff recommends the Planning Commission take the following actions: 1. Adopt the attached Resolution granting an exception to allow issuance of a grading permit prior to the approval of a final map for the project. However, the applicant must satisfy all Public Works requirements and conditions prior to the issuance of the grading permit. 2. Adopt the attached Resolution determining that the public utility easement vacations associated with the subject property conform to the City s General Plan and recommending City Council approval of the public utility easement vacation. ALTERNATIVE The Commission may wish to discuss this matter further and continue the item to a future meeting date. ATTACHMENTS A. Resolution Granting an Exception for Grading Permit Issuance prior to Final Map Approval B. Resolution recommending City Council approval of Public Utility Easement Vacations C. Public Utility Easement Vacation Exhibit Respectfully submitted, Brian Dong, PE Associate Engineer Carlos de Melo Community Development Director

4 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELMONT APPROVING AN EXCEPTION FOR THE ISSUANCE OF THE GRADING PERMIT PRIOR TO APPROVAL OF A FINAL MAP AT EL CAMINO REAL (APPL. NO. PA ) WHEREAS, on October 14, 2014 the City Council approved a Planned Development Rezone, Conceptual Development Plan (CDP), and Vesting Tentative Map for the proposed Residential/Commercial Mixed-Use Development at El Camino Real; and, WHEREAS, on June 2, 2015 and July 7, 2015, the Planning Commission approved a Conditional Use Permit for the Detailed Development Plan (DDP), Design Review, Tree Removal Permit, and Grading Plan for the proposed project; and, WHEREAS, the applicant is requesting an exception to City Municipal Code Section 9-29 to allow the issuance of a grading permit prior to the approval of the final map; and, WHEREAS, the exception may be granted by the Planning Commission under City Municipal Code Section 9-48 Exceptions; and, WHEREAS, the Planning Commission hereby adopts the staff memorandum dated September 20, 2016, the associated findings for the Grading Permit Exception, and the facts contained therein as its own findings of facts. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves an exception in conformance with Belmont Municipal Code Section 9-48 to allow for the issuance of the grading permit for the project before the approval of a final map subject to the satisfaction of all Public Works Department conditions and requirements associated with the Grading Permit. * * * * * * * * * * * * * * Passed and adopted at a regular meeting of the Planning Commission of the City of Belmont held on September 20, 2016 by the following vote: AYES, NOES, ABSENT, ABSTAIN, RECUSED, Carlos de Melo, Planning Commission Secretary

5 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELMONT RECOMMENDING CITY COUNCIL APPROVAL OF PUBLIC UTILITY EASEMENT VACATIONS AT EL CAMINO REAL (APPL. NO. PA ) WHEREAS, on October 14, 2014 the City Council approved a Planned Development Rezone, Conceptual Development Plan (CDP), and Vesting Tentative Map for the proposed Residential/Commercial Mixed-Use Project at El Camino Real; and, WHEREAS, on June 2, 2015 and July 7, 2015, the Planning Commission approved a Conditional Use Permit for the Detailed Development Plan (DDP), Design Review, Tree Removal Permit, and Grading Plan for the proposed project; and, WHEREAS, the applicant is requesting all public utility easements (PUE s) be vacated on the property; and, WHEREAS, the proposed building will encroach onto the subject easements; and, WHEREAS, these public utility easements were granted to the City of Belmont by a deed recorded on March 20, 1958 in Book 3387 at Page 546 of San Mateo County Official Records; and, WHEREAS, in accordance with Division 9, Part 3, Chapter 3 of the Streets and Highway Code, the Planning Commission shall consider the Belmont General Plan and make a recommendation to the City Council regarding the approval of the easement vacation; and, WHEREAS, the public utility easements to be vacated are unnecessary for present or prospective public use and that there is a public benefit derived from the easement vacation; relief from the burden of maintenance of an easement has been determined to be of sufficient public benefit; and, WHEREAS, the proposed public utility easement vacation is consistent with the Belmont General Plan and the following General Plan policies: General Community Goals & Policies To assure that Belmont will be a balanced community with residences, schools, business, industry and space and facilities for social, recreational and cultural activities in keeping with the present character of the City To maintain and enhance the appearance of the City through controlling the location, timing, design and landscaping of new development and encouraging renovation of older areas To encourage economic development within designated areas of the community to provide jobs, services and convenience goods and to strengthen local sources of revenues.

6 Public Facilities and Services Policies All utility installations should be located and designed to prevent disruption of service from identified geologic and flood hazards Utility systems--water, sewer, gas, and electric should be designed for continuity of service and rapid restoration of service in case of damage to any part of the system Water supply systems must conform with established health and fire protection standards. Commercial Areas 2025 Goals 1. To provide space for commercial activities in locations with good vehicular, bicycle and pedestrian access available public services, adequate parking and compatible adjacent uses. 2. To promote commercial development, which meets t h e needs of local residents for convenience goods and services and which is fiscally beneficial to the city. 3. To improve the attractiveness and functioning of existing commercial areas through such means as landscaping and design controls, and provision of adequate parking, sidewalks, bike paths and bike racks. WHEREAS, the Planning Commission hereby adopts the staff memorandum dated September 20, 2016 and the facts contained therein as its own findings of facts. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission determines that the public utility easement vacations conform to the City s General Plan and recommends City Council approval of the easement vacations. * * * * * * * * * * * * * * * Passed and adopted at a regular meeting of the Planning Commission of the City of Belmont held on September 20, 2016 by the following vote: AYES, NOES, ABSENT, ABSTAIN, RECUSED, Carlos de Melo, Planning Commission Secretary

7