RESOLUTION NO

Transcription

1 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELMONT RECOMMENDING CITY COUNCIL ADOPTION OF A REZONE FOR A CONCEPTUAL DEVELOPMENT PLAN (CDP), PLANNED DEVELOPMENT (PD) FOR PROPERTY LOCATED AT 2200 CARLMONT DRIVE (ASSESSOR S PARCEL NUMBER ; ; AND ) FOR THE MERRY MOPPET PRESCHOOL AND BELMONT OAKS ACADEMY PROJECT (APPL. NO. PA ) WHEREAS, Merry Moppet Preschool and Belmont Oaks Academy (MM/BOA), applicant, on behalf of property owner, Pamela Clarke, requests a Rezone for a Conceptual Development Plan (CDP), and Planned Development (PD) for the property located at 2200 Carlmont Drive (Assessor s Parcel Number ; ; and ); and, WHEREAS, on, the Planning Commission, following notification in the prescribed manner, conducted a public hearing, at which hearing the Commission considered public testimony and a staff report on the aforementioned requested entitlements; and, WHEREAS, the Planning Commission of the City of Belmont finds the project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA), and an Environmental Impact Report was prepared for the Project; and, WHEREAS, the Planning Commission considered and discussed the adequacy of the Final Environmental Impact Report as an informational document and applied its own independent judgment and analysis to the review, and in a separate action recommended that the Final Environmental Impact Report was completed in compliance with CEQA; and, WHEREAS, the Planning Commission hereby adopts the staff report dated January 17, 2017, and the facts contained therein as its own findings of facts; and, WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony herein above set forth; and, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, recommends the City Council adopt a Rezone for a Conceptual Development Plan (CDP), and Planned Development (PD) for the property located at 2200 Carlmont Drive (Assessor s Parcel Number ; ; and ), based on the following findings, and subject to the draft conditions attached as Exhibit A. Rezone The Planning Commission makes the following findings pursuant to Sections 16 (Amendments), of the Zoning Ordinance: 1) The Rezone of the subject property is required to achieve the goals and objectives of the Zoning Ordinance and General Plan for the City.

2 Page 2 of 12 GENERAL PLAN CONSISTENCY The objectives of the City s zoning regulations are stated in Section 1.1 of the Zoning Code: Section 1.1 Purpose The following regulations for the zoning of the land within the City are hereby adopted to promote and protect the public health, safety, peace, comfort, convenience and general welfare, and to provide a precise guide for the physical development of the City. In determining the appropriateness of the requested Rezoning (and whether it is required), the central issue is consistency with the General Plan. To determine that consistency, applicable goals and policies of the Belmont General Plan must be considered in light of this proposal. The Planning Commission has determined that such goals and objectives are achieved by the proposed Rezoning of the subject property to Planned Development (PD), as follows: General Community Goals and Policies Goal : To assure that Belmont will be a balanced Consistent. The project would construct a new community with residences, schools, business, industry classroom and other site improvements for an existing and space and facilities for social, recreational and private preschool and elementary school, which provides cultural activities in keeping with the present character of an additional private school choice for City residents. the City. Goal : To preserve and enhance the attractive, family-oriented and tranquil quality of Belmont's residential neighborhoods. Goal : To preserve significant open spaces, trees, views, waterways, wildlife habitats, and other features of the natural environment. Goal : 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. Goal : To encourage economic development within designated areas of the community to provide jobs, services and convenience goods and to strengthen local sources of revenues. Goal : To guide the timing and location of growth and development to ensure the availability of services and protection of sensitive natural environments. Consistent. The project is located in an area of existing multi-family and institutional uses. The project design would preserve and compliment the overall character of the existing preschool and elementary school and therefore, the residential neighborhood. The project would include student drop-off areas on Merry Moppet Lane that are removed from existing residential uses. Consistent. There are no significant open spaces, trees, views, waterways, wildlife habitats on the project site. However, the project would be designed to preserve trees to the greatest extent feasible and to replant trees on the site. Consistent. The project would renovate an existing private preschool and elementary school in an established area of the City. The project design, including landscaping improvements would be reviewed by the City prior to project approval. Consistent. The project would continue to provide the City with an existing, established preschool and elementary school. The project would increase staffing on-site and provide additional jobs in the community. Consistent. The project would undergo a project approval process by the City to ensure the availability of services and protection of sensitive natural environments.

3 Page 3 of 12 General Community Goals and Policies Goal : To protect persons and property from unreasonable exposure to natural hazards such as floods, fire, unstable ground, erosion and earthquakes. Goal : To protect and conserve significant community resources such as energy, clean air and water and historic or architecturally interesting buildings. Policy : New development should be of a scale and character compatible with surrounding land uses and Belmont's small city environment. Policy c: Intensity of use of individual parcels and buildings should be governed by considerations of existing development patterns, water and air quality, accessibility, traffic generation, parking, noise, fire safety, drainage, natural hazards, resource conservation and aesthetics. Policy d: Intensity of land use should be regulated according to the availability of community facilities and services. Policy : All land uses should conform with the environmental quality and safety policies in Part 3 of this plan. Consistent. The project is designed to reduce risk and exposure from natural hazards. The project is not located in a flood zone, wildfire hazard area, on unstable ground, in a fault zone, or ground subject to erosion. The project would undergo a project approval process by the City to protect persons and property from unreasonable exposure to natural hazards such as floods, fire, unstable ground, erosion and earthquakes. Consistent. The project is designed to protect and conserve significant community resources. The project design is energy efficient, would not generate air or water pollutants, or adversely affect historic buildings. The project would undergo a project approval process to ensure the project meets the City s standards for this conservation. Consistent. The new classroom building would be sited towards the back of the site and minimally visible from surrounding public viewpoints. The project includes a new building and site improvements to an existing private preschool and elementary school and would compatible in scale and character of the surrounding land uses. Consistent. The project includes demolition of existing buildings and construction of a new classroom. The Floor Area (FA) of the project would be 0.42, far below the FA of 0.85 allowed under the current R-3 zoning. The project has been designed to ensure that the intensity of use meets the City s standards to maintain existing development patterns, water and air quality, accessibility, traffic generation, parking, noise, fire safety, drainage, natural hazards, resource conservation and aesthetics. Consistent. The project is an expansion of an existing private preschool and elementary school, which is currently served by Belmont community facilities and services. The FA of the project would be 0.42, far below the FA of 0.85 allowed under the R-3 zoning. The project would continue to be adequately served by community services. Consistent. The project would be designed to conform with the City s environmental and safety policies to the greatest extent feasible. The project would be energy efficient, sustainable, and would include safety features including adequate access and security.

4 Page 4 of 12 General Community Goals and Policies Policy : The following standards shall apply to all new development: a. Sewage disposal shall be by sanitary sewers. b. Storm drainage facilities shall be provided. c. Erosion shall be minimized through such measures as runoff retention and revegetation. d. Grading and new impervious surfaces shall be kept to the minimum necessary to permit development of land in a manner compatible with its characteristics and designated use. e. Land, water and energy shall be used efficiently. f. Structures shall be clustered, where possible, to maximize open space and minimize costs of providing public services. g. Safe access to the public road system of the community shall be provided. h. Fire and police protection shall be adequately provided. i. Slopes exceeding 30 percent shall be avoided whenever possible. Policy : Natural features, such as ridgelines, canyons, steep hillsides, meadows, streamsides and significant stands of trees, should be preserved and protected through planning, conservation practices and, where appropriate, the dedication of open space or scenic easements. Policy : No building permits for new structures shall be issued until or unless it has been demonstrated that all necessary public services can be provided within the framework of planned capital and operating budgets of the service agencies. Costs for services which exclusively benefit new development should be borne by that development. Policy : In any development within the Planning Area, geologic conditions should be thoroughly evaluated to avoid or mitigate problems of unstable land. Consistent. The project would connect to sanitary sewers and storm drainage facilities; include bio-retention facilities to reduce project runoff and erosion, construction measures that reduce and limit erosion and grading, project design that would slightly reduce the amount of impervious surfaces; project design that includes energy-efficient components; safe access by the public and emergency service providers; and would not be located on a slope exceeding 30 percent. Consistent. The project would not require grading of any ridgeline. The project would include grading on a hillside, but due to the project location would not impact scenic resources. Consistent. The City would be able to supply all necessary public services within the framework of planned capital and operating budgets of the service agencies. The project would not require any exclusive benefits. Consistent. The project site has been evaluated for geological constraints and design and construction of the project would be consistent with the recommendations of the Geotechnical Report prepared for the project. Policy : In all new development, significant Consistent. The project is not located on a site historical and archaeological features should be identified containing archaeological resources. Measures are and, as determined appropriate, protected or conserved. required in the DEIR to reduce impacts should archaeological features be discovered. Historic resources on the site would be protected and conserved as part of the project improvements.

5 Page 5 of 12 General Community Goals and Policies Policy : On-street parking should be controlled by requiring provision of off street parking in new developments, constructing additional off street parking spaces, especially in the Central Business District and near Old County Road, preventing the conversion of space or uses to higher intensities unless adequate offstreet parking is provided. Consistent. The project would include parking that is adequate to serve the project needs. Public Facilities and Services Goal : To allocate the cost of providing public services to new development according to the general principle that properties benefiting from the services should bear the costs. Policy : All new power, telephone and cable television lines should be placed underground. Policy : All utility installations should be sited, designed, developed and landscaped so as to blend with the natural scenery of the area. Policy : All utility installations should be located and designed to prevent disruption of service from identified geologic and flood hazards. Policy : 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. Policy : Water supply systems must conform with established health and fire protection standards. Policy : All new development shall be served by sanitary sewers. As necessary in conjunction with new development, existing deficient sewer facilities shall be upgraded. Consistent. The City would be able to supply all necessary public services within the framework of planned capital and operating budgets of the service agencies. These services would be paid for by the project through the payment of fees and tax payments as required of all properties. Consistent. The project would include undergrounded utilities on the project site. Consistent. The project would include undergrounded utilities on the project site. Consistent. The project would be not located in an areas of geologic and flood hazards. The project would be designed to prevent disruption of service from identified geologic and flood hazards. Consistent. The project would be designed to prevent disruption of service in the event of damage. Consistent. The project water supply would conform with established health and fire protection standards. Consistent. The project would be served by sanitary sewers. The site is adequately served by the existing sewer facilities. Policy : New approaches to land use and Consistent. The project would incorporate energy building design and construction that are water and efficient site design and components. energy efficient and minimize waste should be supported. Policy : All reasonable steps will be taken to maintain police and fire protection services at or above their present levels. Any proposed land use or development that requires unusually high levels of police or fire protection should not be approved unless the user guarantees to pay the excess service costs. Consistent. The City would be able to supply all necessary public services within the framework of planned capital and operating budgets of the service agencies. These services would be paid for by the project through the payment of fees and tax payments as required of all properties.

6 Page 6 of 12 Institutions Goal : To accommodate private institutions which Consistent. The project would construct a new provide educational, religious, cultural, health and classroom and other site improvements for an existing charitable services to members of the community. private preschool and elementary school, which provides an additional private school choice for City residents. Goal : To ensure that institutional uses are designed and operated in a manner that preserves and enhances the character of Belmont's residential neighborhoods. Policy : All institutional uses should be served directly by major collector or arterial roads. Policy : All institutional uses should be located and designed to be compatible with the residential character of the surrounding neighborhood. In particular, compatibility of uses in terms of traffic generation, parking, and noise shall be ensured prior to the establishment of any new institutional use or expansion of an existing use. Open Space Consistent. The project is designed to preserve and enhance the site operations and the surrounding residential neighborhood. Consistent. The project would be located off Ralston Avenue, a major collector road in the City of Belmont. Consistent. The project is an existing private preschool and elementary school. The project improvements, design, and siting of the new classroom and drop-off entry are compatible with surrounding nearby uses, including traffic generation, parking, and noise. Policy : In any land development project, the basic visual character of the Planning Area should be conserved through project design. Policy : Areas and sites of historical and archaeological significance should be identified and, as appropriate, preserved or commemorated. Consistent. The new classroom building would be sited towards the back of the site and minimally visible from surrounding public viewpoints. The project includes a new building and site improvements to an existing private preschool and elementary school and would compatible in scale and character of the surrounding land uses. The project has been designed to ensure that it meets the City s standards to maintain scale and character of the surrounding land uses. Consistent. The project is not located on a site containing archaeological resources. Measures are required in the DEIR to reduce impacts should archaeological features be discovered. The Charles S. Howard Foundation building ( original hospital building ), was evaluated for historic significance in 1991 and is listed in the City of Belmont s Historical Resources Inventory. The historic resources on the site would be protected and conserved as part of the project improvements.

7 Page 7 of 12 Circulation Policy : Commuter buses, van polls and other Consistent. The project is not a new industrial or forms of private transit should be encouraged or required, commercial development, but would expand an existing where appropriate, especially in conjunction with major private preschool and elementary school. To the extent new industrial or commercial development. feasible, MM/BOA encourages the use of carpooling among its families. Policy : No new non-residential use shall be permitted unless adequate off-street parking and loading spaces can be provided. Standards for off-street parking and loading shall be reviewed and revised as needed for all non-residential uses. Noise Goal 3002: To review proposals for changes in land use and occupancy to ensure compatibility with noise standards. Goal 3003: Proposed changes in land use and occupancy shall be evaluated for compatibility with the noise environment. Table 10 and Figure 8 of this element will be used to assess compatibility. The following interpretation of Table 10 will apply: a. No land use shall be approved in an area where the noise level renders the use clearly unacceptable. b. If the noise level renders a proposed use conditionally acceptable or normally unacceptable, an acoustical study shall be undertaken and noise mitigation measures required, as necessary, to reduce the noise to normally acceptable levels for the use. c. Unless mitigation can be assured, no land use should be approved where the noise level renders the use normally unacceptable. Goal : No new land use should be approved which generates a noise level above 65 dba on adjacent residential property. Consistent. The project would include parking that is adequate to serve the project needs. Consistent. The project is located on an existing private preschool and elementary school. The new classroom building would be sited towards the back of the site farther from existing residential uses. The project would not violate any City noise standards. Consistent. The project is located in an area with acceptable noise levels for the use and would be compatible with the existing noise environment. The project would not violate any City noise standards. Consistent. Project operation would not generate a noise level above 65 dba on adjacent residential property. The project would not violate any City noise standards.

8 Page 8 of 12 Seismic Safety Goal : To encourage public and private development that is located, designed and constructed in such a way as to minimize the risk of loss of life and injury in the event of a major earthquake, flood, wildfire or other disaster. Policy : All environmental reports submitted to the City in support of development proposals shall include sections evaluating seismic, geologic, fire and flood hazards. Policy : No new construction shall be permitted in areas where emergency access cannot be adequately ensured. Policy : Sprinkler systems and/or smoke detectors should be required according to ordinance provisions administered by the South County Fire District. Policy : Fire retardant roofing and exterior siding materials should be required for any major remodeling of structures in presently developed areas which are adjacent to wooded open space areas or without adequate emergency access or water flow, assuming that 80 percent of the siding or roofing is being remodeled. Policy : All geologic reports required by the City in support of a development application shall include an evaluation of seismic conditions on and near the site and how they could affect the proposed development. Consistent. The project is not located in a flood zone, wildfire hazard area, on unstable ground, in a fault zone, or ground subject to erosion. The project is designed to conform with and would undergo a project approval process by the City to ensure that it meets the City s standards for emergency accessibility and evacuation, fire safety, and to minimize the risk of natural hazards. Consistent. The project is not located in a flood zone, wildfire hazard area, on unstable ground, in a fault zone, or ground subject to erosion. The project site has been evaluated for geological constraints and design and construction of the project would be consistent with the recommendations of the Geotechnical Report prepared for the project. The project has been evaluated for fire and flood hazards. Consistent. The project is designed to ensure that it meets the City s standards for emergency accessibility and evacuation. The project is designed to conform with and would undergo a project approval process by the City to ensure that it meets the City s standards for emergency accessibility and evacuation. Consistent. The project is designed to ensure that it meets the City s standards for fire safety. Consistent. The proposed classroom building would be constructed with fire retardant roofing and siding materials. The project has been evaluated to ensure that it would not create any fire hazards. Consistent. The project site has been evaluated for geological constraints and design and construction of the project would be consistent with the recommendations of the Geotechnical Report prepared for the project.

9 Page 9 of 12 Conservation Goal : To minimize the erosion of soil. Goal : As appropriate, to comply and encourage compliance with regulations designed to achieve state and federal air quality standards. Goal : To protect scenic views to and from hillsides. Policy : New development shall be located and designed to preserve specimen trees and significant stands of trees to the extent possible. Policy : The use of native and drought resistant vegetation should be encouraged in new landscaping. Policy : The City shall control both the amount and timing of grading to prevent accelerated erosion of the soil. Erosion and runoff control facilities shall be regularly maintained and preventative measures taken whenever possible. Policy : In carrying out its functions, the City will comply and encourage compliance with all applicable federal and state air quality regulations. Consistent. Construction on the project site would include measures to minimize erosion. The project incorporates bio-retention areas, storm drainage facilities, and landscaping to minimize soil erosion on the site. Consistent. The project would not create any air pollutants and is designed to ensure compliance with state and federal air quality standards. Consistent. The project has been designed to preserve views of the project site. The new classroom building would be sited towards the back of the site and minimally visible from surrounding public viewpoints. Consistent. There are no significant stands of trees on the site, which has been developed as a private preschool and elementary school. The project would remove trees on the site; however, the project would include a landscaping plan and the replanting of trees on the site. Consistent. The project landscaping would incorporate native and drought resistant landscaping. Consistent. Construction on the project site would include measures to minimize erosion. The project incorporates bio-retention areas, storm drainage facilities, and landscaping to minimize soil erosion on the site. Consistent. The project is designed to ensure compliance with state and federal air quality standards. Policy : The City will support public and private Consistent. The project would incorporate energy efforts to conserve energy and to explore alternative efficient site design and components. energy sources giving careful consideration to impacts on safety, aesthetics and noise. Policy : Private and public resource recycling and recovery efforts shall be encouraged by the City. CONCLUSION Consistent. The project would recycle construction debris and implement a recycling program during project operations. Based on the foregoing General Plan analysis, the Planning Commission has determined that, in balance, the proposed Rezoning does further or advance the objectives (Goals and Policies) of the General Plan.

10 Page 10 of 12 Conceptual Development Plan 1. That the total development in each individual unit therein can exist as an independent unit capable of creating an environment of sustained desirability and stability or the adequate assurance will be provided that such objective will be attained; that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which couldn t be achieved under other zoning districts. The Project can exist as an independent unit capable of creating an environment of sustained desirability and stability. The campus will include all of the facilities required to function independently, including class rooms, offices, a multi-purpose building, and play areas. MM/BOA s enrollment of up to 425 students and 67 faculty and staff members ensures that the campus will have sustained desirability and stability into the future (i.e., an adequate number of students enrolled to cover operational costs, an adequate number of staff to quality instruction and support). The Project will not be detrimental to the present and potential surrounding uses, but will have a beneficial effect that could not be achieved under other zoning districts. For example, the Project will continue to provide the public with the benefit of an additional area to park during non-school hours and on weekends, and will include upgrades to the sidewalks and street crossings to meet current accessibility requirements. Furthermore, master planning of the project site would memorialize the efficient drop-off and pick-up plan currently in place, which prevents traffic impacts to surrounding residential uses. The project would pay its fair share transportation and sewer impact costs, and conditions of approval requiring the use of sound barriers, and carefully planned construction phasing would ensure that neighboring land uses are not subjected to substantial construction traffic or unreasonable noise as a result of school-related construction. Lastly, the implementation of project mitigation measures and conditions of project approval would ensure that the project is consistent with city standards for drainage, grading, and geotechnical review, and that environmental impacts would be substantially mitigated. Thus, the Project will not adversely affect other property in the vicinity or the general welfare of the City. This finding is affirmed. 2. That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic and the density will not generate traffic in such amounts as to overload the street network outside the PD District. A Traffic Impact Analysis (TIA) has been prepared by Fehr & Peers and reflects current traffic conditions based on data from the Ralston Corridor Study. The report included an analysis of vehicle, pedestrian, and bicycle traffic, and drop-off and pick-up operations for MM/BOA. The report concluded that there would be no traffic safety issues associated with the operation of the school and that the existing/proposed drop-off and pick-up plan would not result in significant queuing or other traffic conflicts. The report was peer reviewed by a traffic consultant working for the city, who concurs with its findings.

11 Page 11 of 12 Existing sidewalks and cross walks would be modified such that pedestrian access from parking areas to the site would meet current accessibility standards. The proposed circulation plan has been reviewed and found acceptable by the Police Department, and the Department of Public Works. Therefore, as proposed and conditioned the project would not result in an unsafe traffic condition. This finding is affirmed. 3. That any proposed commercial development can be justified economically at the locations proposed to provide for adequate commercial facilities of the types proposed. MM/BOA has been operating at this location since As noted in finding 1 above, the campus will include all of the facilities required to function independently, including class rooms, offices, a multi-purpose building, and play areas. MM/BOA s enrollment of up to 425 students and 67 faculty and staff members ensures that the campus will have sustained desirability and stability into the future (i.e., an adequate number of students enrolled to cover operational costs, and an adequate number of staff to provide quality instruction and support). This finding is affirmed. 4. That the economic impact created by the PD District can be absorbed by the City (police and fire service, water supply, sewage disposal, etc.). The Project will not result in any adverse economic impacts to the City. MM/BOA would continue to pay property taxes as part of the project, and would continue to participate in the Belmont Safe Schools Program. In addition, the project would be required to pay its fair share for traffic and sewer impacts. There is also sufficient capacity to serve the Project s water, sewer, drainage and landfill demands. Lastly, the applicant would be required to pay all applicable development fees including plan check, building permit, grading permit, hauling permit, General Plan Maintenance, Business License, planned drainage fees, and in-lieu tree replanting fees as specified by each respective City Ordinance and/or the City's Master Fee Schedule. Based on the foregoing, the project would not have a negative economic impact on the city. This finding is affirmed. 5. That the proposed off-street parking is in substantial conformance with the provision of Section 8 of the Belmont Zoning Ordinance; that where an applicant s proposed off-street parking is less than that set forth by the standards of Section 8, circumstances are such that it would be a practical difficulty or create a physical hardship on the applicant for him to conform to the standards of Section 8. Section 8 (Parking) of the BZO requires one parking space for each employee for school uses. The applicant would provide 69 Vehicle spaces and 1 motorcycle space, where 67 parking spaces would be required for the maximum 67 staff employees; however a companion Variance application for parking is required as fifteen parking spaces are located in the public right-of-way (the increase in parking demand for the largest shift).

12 Page 12 of 12 The size, shape, and topography of the property, the previously established layout of building on site, and the operation of the existing uses limit the applicant s ability to provide the required off-street parking. These existing site conditions represent practical difficulty and unnecessary hardship as it relates to providing fully compliant and safe off-street parking in accordance with Section 8. This finding is affirmed 6. The proposed PD District is required to achieve the objectives of the Zoning Plan and the General Plan of the City. The proposed PD District will achieve objectives of the Zoning Plan and the General Plan of the City as described in the General Plan analysis provided above. This finding is affirmed. * * * * * * * * * * * * * * * Passed and adopted at a regular meeting of the Planning Commission of the City of Belmont held on, by the following vote: Ayes, Commissioners: Noes, Commissioners: Absent, Commissioners: Abstain, Commissioners: Recuse, Commissioners: Carlos de Melo Planning Commission Secretary