CITY OF RIO VISTA PLANNING COMMISSION STAFF REPORT

MEETING DATE: January10, 2018 CITY OF RIO VISTA PLANNING COMMISSION STAFF REPORT AGENDA ITEM #4.2 PREPARED BY: Lamont Thompson, Planning Manager SUBJECT: Vesting Tentative Tract No. 2017-001: To consider an application by Encore Liberty, LLC, for the approval of a residential Vesting Tentative Tract Map (Liberty Phase-3 of the Gibbs Ranch/Liberty Subdivision) for 311 lots, varying in minimum sizes starting at 2,976 square feet for duplexes, and 4,500 square feet for single-family detached lots. APPLICANT: Encore Liberty, LLC. 1 Letterman Dr. Bldg. C Suite 3800, San Francisco, CA 94129 RECOMMENDATION Motion to Adopt Resolution entitled, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RIO VISTA APPROVING VESTING TENTATIVE TRACT MAP 2017-001 (LIBERTY PHASE-3 OF THE GIBBS RANCH/LIBERTY SUBDIVISION). DISCUSSION Process: This is a new Vesting Tentative Map application to facilitate replacement of the Vesting Tentative Map that was approved in 2006. This application requires discretionary approval for the proposed Vesting Tentative Subdivision Map. The map is subject to review and action by the Planning Commission, and subject to appeal to the City Council. No additional environmental review is necessary. Adjacent property owners have been notified by mail. Public Notice was published in the local newspaper. Background: Applicant: Owners: General Plan designation: Zoning: Existing use: Encore Liberty, LLC Encore Liberty, LLC Neighborhood Residential (NR) Planned Unit Development (PUD) Residential 1

Adjacent zoning and uses: North: South: East: West: Range land Residential Agricultural Range and Watershed The subject site is approximately 330 Acres in size, located at the northwest corner of Liberty Island Road and Airport Road. The original Gibbs Ranch proposal constituted a maximum of 929 conventional single-family homes or 1127 senior housing or some combination of both. The term of the development agreement was for 30 years with an expiration date in 2021. Currently the project is vested with all lots recorded and most of the infrastructure in place. The original plan was to build conventional single-family homes; however, Encore Liberty, LLC wishes to build 220 market rate/conventional homes and a 754-unit active-adult, gated, housing complex. In December 2016, Encore Liberty, LLC purchased the masterplan from Shea Homes. At that time, the masterplan consisted of 32 acres of industrial property, open space, parkland, and 855 residential lots with a blend of three lot sizes: 50, 60, and 70 wide by 100 deep. The site was broken out into three phases. Phases 1 and 2 (comprising 663 lots) were final mapped and finished by Shea Homes prior to the last downturn. Just prior to the last housing downturn, Shea Homes began developing the Liberty community including finishing 663 lots, funding a portion of the construction of a wastewater treatment facility, and constructing road, sewer, and water improvements. Shea also constructed a total of thirteen models for the three different product lines on the site, which have since been demolished. A portion of the backbone infrastructure was accepted by the city prior to Encore Liberty, LLC, taking ownership. These finished lots and the supporting infrastructure were in need of repair work before new home construction could begin. Phase 3 was rough graded and had improvement plans and final maps prepared, but not yet processed for approval. Phase 3 was anticipated to include 192 lots. The site has an approved tentative map which expiration is tied to the Development Agreement. The Development Agreement expires August 2021. Entitlement History: The following is a timeline of the entitlements for the Liberty (aka Gibbs Ranch) Masterplan: - April 1990 - EIR is certified by the City of Rio Vista for the Gibbs Ranch Development Agreement, PUD Permit, and Rezoning - July 1991 EIR and addendum are reaffirmed - August 1991 Development Agreement is executed for the property - March 2000 1 st Amendment to the Development Agreement is executed - February 2006 Tentative Map is approved for 855 lots - November 2006 First Final Map Recorded - August 15, 2017 Amendments were made to the PUD, Development Agreement, and Condition No. 38 of Vesting Tentative Map. Development: The table below summarizes the lot segmentation for Liberty when it was acquired by Encore Liberty: 2

Finished Lots: Phases 1 & 2 5,000 s (50 x 100 ) 266 6,000 s (60 x 100 ) 208 7,000 s (70 x 100 ) 189 Subtotal 663 Mass Graded Lots: Phase 3 6,000 s (60 x 100 ) 112 7,000 s (70 x 100 ) 80 Subtotal 192 Total 855 STAFF ANALYSIS: The existing lot area approved in 2006 that is proposed for modification contains 192 lots. The applicant proposes modifying the approved lot dimensions to create an additional 119 lots which would bring the total 311 lots. Currently the project is vested with all lots recorded and most of the infrastructure in place. Adding the additional 119 lot would make it possible for the applicant to move the approved second home units that were originally approved as rental units that would be placed at the rear of the lot. The applicant felt that there would be no current market demand for active senior housing that contained second unit rentals situated at the rear of the lot. The applicant reasoned that the second dwelling units would be difficult to rent since the potential renters would need to be active adults who were at least 55-years old. The applicant requested an adjustment to condition number 38 of the Vesting Tentative Map which would allow for movement of the second unit to its own duet site. On August 15, 2017 the City Council approved amendments to the approved Development Agreement and Planned Unit Development. The Council also passed a Resolution that modified Condition Number 38 of the approved Tentative Subdivision Map. The Council approvals allow the applicant to move the second units onto their own site. The applicant proposes a duet (duplex) product type that could be either sold or rented. The duets would satisfy the multifamily housing requirement. The structures would be limited in size and would most likely appeal to a move down active adult. In order to create the duets and satisfy the multi-family requirement, Encore Liberty, LLC, has redrawn the Vesting Tentative Map on Phase 3 to include their proposed 136 duet units. Staff has determined that the proposed units, situated in the Active Adult community, would be in keeping with the original intent contemplated in the Development Agreement. These multifamily units, which are situated in the active adult portion of the community, will be targeted at single occupant households by way of size and architecture. Given that the streets and utilities have been installed on phases 1 and 2 at Liberty, a practical way to satisfy the multi-family requirement would be to design and build duet units in phase 3. In addition to the duet lots, the revised map would include 175 single family lots with minimum widths of 45 feet. The table below shows the proposed lot configuration for the masterplan assuming the revision to the phase 3 plan is approved as proposed: 3

Final Map Finished Lots LGI Family 5,000 s (50 x 100 ) 17 LGI Family 6,000 s (60 x 100 ) 104 LGI Family 7,000 s (70 x 100 ) 99 Subtotal 220 Active Adult 5,000 s (50 x 100 ) 249 Active Adult 6,000 s (60 x 100 ) 104 Active Adult 7,000 s (70 x 100 ) 90 Subtotal 443 Phase 3 Active Adult SFD Lots (45 x 100 ) 175 Active Adult Duet Homes 136 Subtotal 311 Total Active Adult 754 Total Lot Count 974 Subdivision Ordinance Section 16.28 provides the City s governing regulations for creation of subdivisions. Pursuant to the ordinance, the applicant will be required to submit a Final Map to the City Engineer for review and to the City Council for final approval. The Final Map must be recorded with the County of Solano within 24 months of the date of the Planning Commission approval of the Tentative Map. General Plan Consistency: The property is situated in the Neighborhood Residential (NR) District which allows the residential density range of 5 du/ac (minimum) to 7.5 du/ac (maximum). The General Plan also allows site plan density to vary from 1.0 to 16 du/ac on a site. Lot sizes and widths may vary as long as average densities/sizes are kept within a relatively narrow range. The applicant s proposed map is consistent with this General Plan requirement. On August 15, 2017 the City Council found the proposal to be consistent with the General Plan and approved amendments to the Development Agreement, and Condition No. 38 of Vesting Tentative Map. Zoning Consistency: The proposed project is consistent with the approved Planned Unit Development (PUD) which allows the proposed unit density. However, as part of a separate application the owner requests that duplex structures be approved dwelling types in the PUD. ENVIRONMENTAL REVIEW The environmental impacts of the project are within the scope of the EIR certified by the City Council on April 19, 1990, for the Project. There are no substantial changes to the circumstances surrounding the Project that would require major revisions to the EIR. No new significant 4

environmental effects or substantial increase in the severity of previously identified significant effects were identified, nor is there any new information of substantial importance. RECOMMENDED ACTIONS Based upon the proceeding discussion and analysis, staff recommends the Planning Commission adopt Resolution approving of the Vesting Tentative Map 2017-001 subject to the following findings and conditions of approval. Findings: a) The proposed subdivision map has been reviewed by the City Engineer and Public Works Director and has been found to be in compliance with the applicable requirements of the State of California s Subdivision Map Act and City s Subdivision Ordinance. The proposed subdivision, together with the provision for its design and improvement, is consistent with the City s General Plan in that the General Plan designates the area for Neighborhood Residential (NR) District which allows the residential density range of 5 du/ac (minimum) to 7.5 du/ac (maximum). The General Plan also allows site plan density to vary from 1.0 to 16 du/ac on a site. Lot sizes and widths may vary as long as average densities/sizes are kept within a relatively narrow range. The applicant s proposed map is consistent with this General Plan requirement. Furthermore, on August 15, 2017 the City Council found the proposal to be consistent with the General Plan and approved amendments to the Development Agreement, and Condition No. 38 of Vesting Tentative Map. The site is physically suitable for the type and proposed density of development and, as conditioned, may be developed into its intended use. b) With the submittal of the required legal description, the Tentative Map document is complete. A Final map will be required for the City Engineer s review and City Council approval. The site is physically suitable for the type and proposed density of development and, with proper development techniques, may be developed into its intended use. The site is relatively flat, and is accessed by two existing arterial streets, with three existing access points to one of the streets. The subdivision as conditioned will be designed to meet the City s Design and Development guidelines for Subdivisions. c) The zone for this property is Planned Unit Development (PUD), which allows for creation of duet lots with a minimum 2,976 square feet of lot area including vehicular easement area, and single-family detached lots with a minimum 4,500 square feet of lot area. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage, and will not substantially and avoidably injure fish or wildlife of their habitat. The proposed project complies with the California Environmental Quality Act (CEQA). The City has completed an Environmental Impact Report for the proposed subdivision and Mitigations have been approved. The mitigation measures proposed will result in all potentially significant air quality, biological, cultural, hydrology and water quality, and noise impacts being properly mitigated to less than significant levels. d) An EIR was certified by the City Council on April 19, 1990, for the Project. There are no substantial changes to the circumstances surrounding the Project that would require major 5

revisions to the EIR as a result of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, nor is there any new information of substantial importance. Therefore, no additional environmental review is necessary. The design of the subdivision or the type of improvements is not likely to cause serious public health problems in that the community water and sewer systems are available to the site. The project was reviewed by the City of Rio Vista Public Works Department, and Sewer District and, as conditioned, all necessary utilities and services such as water and sewer can be provided to the site. e) Due to the foregoing findings, and subject to the following Conditions of Approval, the proposed use will not adversely affect the adjacent properties within the vicinity and will not adversely affect the public health, safety or welfare. The design of the subdivision or the type of improvements will not conflict with easement acquired by the public for access through, or use of the property within the proposed subdivision, in that there are not access easements for use by the public at large existing on the subject site. f) The discharge of waste from the proposed subdivision into the community sewer serving said proposed subdivision will not result in or add to a violation of the waste discharge requirements applicable to said sewer system which were prescribed by the California Regional Water Quality Control Board, San Francisco By Region, in that the existing Sewer district treatment plant has adequate capacity. The discharge from the proposed project will not create a condition exceeding the design capacity of this plant. The Sewer District has reviewed the project and has determined that they have the capacity to serve the project. Conditions of Approval: Vesting Tentative Map 2017-001 shall be subject to the following: a) Ordinance No. 006-2017 b) Ordinance No. 007-2017 c) Resolution No. 2017-061 Encore Liberty, LLC, the owner/applicant d) Resolution No. 2006-19, as amended by City Council Resolution No. 2017-061 e) The Original Development Agreement f) The Environmental Impact Report and Mitigation Monitoring and reporting Program approved by the City Council on April 19, 1990. ATTACHMENTS 1. Vesting Tentative Map 2017-001 6

PLANNING COMMISSION RESOLUTION No. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RIO VISTA APPROVING VESTING TENTATIVE MAP LIBERTY PHASE 3 WHEREAS, an Application has been filed by Encore Liberty, LLC 1 Letterman Dr. Bldg. C Suite 3800, San Francisco, CA 94129, for approval of a Vesting Tentative Map (Liberty Phase-3 of the Gibbs Ranch/Liberty Subdivision) that would create 311 lots varying in lot sizes from 2,976 square feet for duplexes to 4,500 square feet for single family detached homes; and WHEREAS, the Planning Commission conducted a public hearing on the matter at its Regular Meeting on January 10, 2018, notice of time, place, and address, was duly published; and WHEREAS, the Vesting Tentative Map unit density is consistent with the Planned Unit Development (PUD) district allows single-family residential uses; and WHEREAS, the proposed Vesting Tentative Map would not have any significant adverse impacts on the surrounding land uses, would not be in the public interest, health, comfort, convenience, safety and general welfare; and WHEREAS, the proposed Vesting Tentative Map is consistent with the General Plan Designation of the site as Neighborhood Residential (NR) and the Zoning District as Planned Unit Development (PUD); and WHEREAS, Environmental impacts of the project are within the scope of the EIR certified by the City Council on April 19, 1990, for the Project. There are no substantial changes to the circumstances surrounding the Project that would require major revisions to the EIR. No new significant environmental effects or substantial increase in the severity of previously identified significant effects were identified, nor is there any new information of substantial importance. WHEREAS, members of the public were given the opportunity to speak on the application at the January 10, 2018 public hearing, and a report by the City staff along with letters submitted by the public was presented and made part of the record; NOW, THEREFORE, BE IT RESOLVED that after hearing testimony, considering the evidence presented, and deliberation of the matters presented, the Planning Commission finds that: 1. The above recitals are true and correct and are incorporated herein by reference as if set forth in full. 2. The Planning Commission received and considered all public comment and testimony regarding the proposed project. 3. The Vesting Tentative Map is consistent with the requirements of the City of Rio Vista General Plan and the Zoning Ordinance. 4. The location of the project is not detrimental to the public health, safety, and welfare, or materially injurious to neighboring properties. 7

5. The site is reasonably safe from natural hazards. 6. The environmental impacts of the project are within the scope of the EIR certified by the City Council on April 19, 1990, for the Project. There are no substantial changes to the circumstances surrounding the Project that would require major revisions to the EIR. No new significant environmental effects or substantial increase in the severity of previously identified significant effects were identified, nor is there any new information of substantial importance. 7. The Planning Commission does hereby Approve the Vesting Tentative Map 2017-001 subject to the following: Ordinance No. 006-2017 Ordinance No. 007-2017 Resolution No. 2017-061 Encore Liberty, LLC, the owner/applicant Resolution No. 2006-19, as amended by City Council Resolution No. 2017-061 The Original Development Agreement and Amendments thereof. The Environmental Impact Report and Mitigation Monitoring and reporting Program approved by the City Council on April 19, 1990. PASSED, ADOPTED AND APPROVED this 10 th day of January 2018 at a Regular Meeting of the Rio Vista Planning Commission by the following vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ATTEST: Issac A. George Secretary to the Planning Commission 8

AFFIDAVIT OF THE ACEPTANCE OF CONDITIONS OF APPROVAL I,, on behalf of Encore Liberty, LLC, the owner/applicant, do hereby declare under penalty of perjury that I accept all conditions imposed by the Planning Commission in their approval of Vesting Tentative Map 2017-001, required by the Original Development Agreement, Ordinance 006-2017 and Ordinance 007-2017 and as conditioned by Resolution No. 2017-061 and Resolution 2006-19. As the applicant, I agree to comply with these conditions and all other applicable laws and regulations at all times. Encore Liberty, LLC, owner/applicant By: Name and Title Date 9