Resolution 2023-### Page 1
RESOLUTION 2023-###
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO (1)
APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH CHATTLETON PLACE PARTNERS, LLC, (2) APPROVING A FINAL SUBDIVISION MAP, AND (3) ACCEPTING THE DEDICATION OF A PUBLIC PARK/TOT LOT FOR TRACT 9959, CHATTLETON PLACE, A 20 -LOT TOWNHOUSE -STYLE SINGLE FAMILY RESIDENTIAL DEVELOPMENT IN THE SP-2 MIXED USE CENTER SOUTH DISTRICT LOCATED AT 2812 CHATTLETON LANE, SAN PABLO (APN 417-310-004).
WHEREAS, the project site at 2812 Chattleton Lane (designated as “Block E” in the Mixed Use Center South Regulating Code and referred to as “project site” in this Resolution) consists of a vacant parcel located in the Mixed Use Center South District of the San Pablo Avenue Specific Plan (SP -2) area with a General Plan land use designation of Mixed Use Center;
WHEREAS, the 42,008-square foot project site extends alongside and adjacent to a portion of the east bank of Wildcat Creek and the Wildcat Creek Trail;
WHEREAS, the project site is currently owned by Chattleton Place Partners , LLC and is proposed to be developed with 20 for-sale townhouse-style single-family homes including eight accessory dwelling units;
WHEREAS, project amenities associated with the project include the development and dedication of a 2,120 square foot public park or tot -lot, to be used in conjunction with the adjacent Wildcat Creek Trail;
WHEREAS, the proposed development is required to prepare and have approved a Tentative Map and Final Subdivision Map under Chapter 16.04 of the San Pablo Municipal Code as it involves the subdivision and development of a parcel into five or more individual lots;
WHEREAS, on September 20, 2021, under Resolution 2021- 126, City Council approved a Major Design Review and Vesting Tentative Map of a 20- lot Townhouse- Style Single--Family Residential Development, including eight accessory dwelling units along with a Conditional Use Permit to allow construction within 50 feet of a creek or stream, a Variance to allow encroachments into the 30- foot setback from the top of a creek bank required by the San Pablo Avenue Specific Plan, and Major Exceptions from the Mixed Use Center South Regulating Code to allow a single- family detached residential land use pattern and to allow encroachments into the 30-foot setback from a creekway trail required by this code;
WHEREAS, as part of its adoption of Resolution 2021-126, the City Council made findings that the Vesting Tentative Map for the subject subdivision is consistent with the General Plan and any applicable Specific Plan or other adopted applicable plan; that the design or improvement of the subdivision is consistent with the G eneral Plan or any applicable Specific Plan; that the site is physically suitable for the type of development Resolution 2023-### Page 2
proposed; that neither the design of the subdivision nor any proposed improvement is likely to cause substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat; that the design of the subdivision or improvement is not likely to cause significant public health problems; and that the design of the subdivision or improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision;
WHEREAS, an application has been submitted on October 11, 2023 by Karl Dumas of Dumas Real Estate, on behalf of the subdivider in PLAN2311-0004, for the City of San Pablo to enter into a Subdivision Improvement Agreement with Chattleton Place Partners, LLC and for the approval of a Final Subdivision Map for Tract 9599, Chattleton Place;
WHEREAS, prior to approval of the Final Subdivision Map by the City Council, the subdivider shall enter into a Subdivision I mprovement Agreement with the City in accordance with Section 66462 of the Government Code;
WHEREAS, entering into the Subdivision Improvement Agreement requires approval by the City Council per Chapter 16.22 of the Municipal Code;
WHEREAS, approval of the Final Subdivision Map requires action by the City Council per Section 16.08.110 of the Municipal Code;
WHEREAS, the proposed Final Subdivision Map has been reviewed by the City Engineer and Planning Manager and the subdivision has been found to be substantially the same as it appeared on the approved tentative map, in compliance with all provisions of law a nd of Title 16 of the Municipal Code applicable at the time of approval of the tentative map, and that the map is technically correct;
WHEREAS, the original Final Subdivision Map has been signed by the City Engineer and transmitted to the City Clerk;
WHEREAS, in accordance with Section 16.08.110 of the Municipal Code, the City Council shall approve the Final Map subsequent to the approval of the Subdivision Improvement Agreement if it conforms to all the requirements of Chapter 16.08 at the time of approval of the Tentative Map; and
WHEREAS, the potential environmental effects of development of the site have been previously evaluated in Environmental Impact Reports (EIRs) prepared and certified for the San Pablo General Plan 2030 (adopted on April 18, 2011 by Resolution 2011-045) and San Pablo Avenue Specific Plan (adopted on September 19, 2011 by Resolution 2011-104), as well as in an Initial Study/Mitigated Negative Dec laration (IS/MND) approved and adopted by the City on October 17, 2011 (Resolution 2011- 115) for the Mixed Use Center South Regulating Code and the City prepared Addenda to the two previously certified EIRs and the previously approved IS/MND to identify and evaluate the proposed land use of single- family detached development at the subject site and prepared and duly filed Notices of Determination for these Addenda with the Contra Costa Resolution 2023-### Page 3
County Clerk-Recorder on October 8, 2021.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Pablo has reviewed the proposed project and does hereby approve a Subdivision Improvement Agreement with Chattleton Place Partners, LLC, for Tract 9599, Chattleton Place, a draft of which is attached hereto, and does authorize the City Manager to execute and record said Agreement on behalf of the City; and
BE IT FURTHER RESOLVED that the City Council of the City of San Pablo does hereby approve a Final Subdivision Map for Tract 9599, Chattleton Place (in PLAN2311- 0004) based on the following findings:
A. The City of San Pablo certified EIRs for the General Plan and San Pablo Avenue Specific Plan and approved an Initial Study/Mitigated Negative Declaration (IS/MND) for the Regulating Code and these documents anticipated that the site would be developed with a mix of uses, potentially including commercial, office, residential, institutional, and/or hotel uses. Due to the change in proposed development pattern to town- house style single- family residenc es, the C ity prepared Addenda to the two previously certified EIRs and the previously approved IS/MND to identify and evaluate these future land use changes. The proposed development is consistent with the current land use and zoning designations for the site and will not result in an increase in the severity of any environmental impact identified in the prior EIRs or IS/MND or result in any new environmental impact not previously considered in the prior EIRs and IS/MND.
The circumstances under which the project will be undertaken have not substantially changed such that any new or substantially increased environmental impacts will occur. Further, there is nothing peculiar about the project or the project site that will result in environmental impacts subst antially greater than discussed and evaluated in the previously certified EIRs or previously approved IS/MND. Therefore, no further environmental analysis is required for the project under CEQA.
B. The Final Subdivision Map is in conformance with the general provisions for subdivisions contained in Section 16.02.110 and with the necessary findings contained within Section 16.04.060, including that it is consistent with the General Plan and any applicable Specific Plan or other adopted applicable plan; that the design or improvement of the subdivision is consistent with the General Plan or any applicable Specific Plan; that the site is physically suitable for the type of development proposed; that neither the design of the subdivision nor any proposed improvement is likely to cause substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat; that the design of the subdivision or improvement is not likely to cause significant public health problems; and that the design of the subdivision or improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
C. The proposed project is responsive to General Plan policies calling for planned Resolution 2023-### Page 4
land uses that are compatible with existing uses, the creation of safe, walkable and attractive urban environments, encouragement of new residential development in a manner which fosters day and nighttime activity and visual presence on the street level, protecting and enhancing the quality of life in the C ity’s residential neighborhoods, and promoting a variety of housing types and prices within neighborhoods that offer a range of amenities, including public and private open space, landscaping, and direct access to commercial services, public transit, and community gathering areas.
D. The proposed project is also be responsive to Housing Element policies calling for the provision of a diversity of housing types to meet the needs of all economic segments and family types in San Pablo, to encourage and assist with the development of affordable housing units for lower income households, and to promote the development of secondary dwelling units.
E. The proposed project is located within the San Pablo Avenue Specific Plan and is designated as Mixed Use Center South in an opportunity site and focus area identified as the “Circle S” area. The project is consistent with the San Pablo Avenue Specific Plan guiding and implementing policies promoting pedestrian- and transit -friendly development, providing a diverse range of housing for all income levels and household types, providing ample open spaces and recreational facilities, encouraging structured parking, integrating pedestrian and bicycle connections to transit, open space, and key destinations; and designing building facades at a pedestrian scale with building heights of three to four stories.
F. The project complies with t he development standards of the San Pablo Avenue Specific Plan and Zoning Ordinance for the SP-2 Mixed Use Center South Mixed Use district, with the exception of encroachments into the 30-foot setback from the top of creekbank of the adjoining Wildcat Creek, for which a Variance was granted by Resolution 2021-126 along with an approval of Design Review, Conditional Use Permit, and Vesting Tentative Map approval.
G. The project is also consistent with the requirements of the Mixed Use Center South Regulating Code, with the exception of the detached single- family residential townhouse land use pattern and encroachments into the required 30-foot setback from the edge of the adjoining creek trail, for which Major Exceptions were granted by Resolution 2021-126.
H. The site is in an urban area that has long been planned for redevelopment and is physically suitable for the type of development proposed.
I. The site is physically suitable for the proposed density of development.
J. Neither the design of the subdivision nor any proposed improvements are likely to cause substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat as indicated in the previous environmental documentation prepared on the site as part of the San Pablo General Plan, San Pablo Avenue Resolution 2023-### Page 5
Specific Plan, Mixed Use Center South Regulating Code.
K. The design of the subdivision or type of improvement is not likely to cause significant public health problems.
L. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of property within, the proposed subdivision.
BE IT FURTHER RESOLVED that the City Council of the City of San Pablo does hereby accept the dedication of the 2,120 square foot public park/tot lot shown on the Final Subdivision Map for Tract 9599, Chattleton Place and as set forth in the Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED that the City Council of the City of San Pablo hereby approves a Subdivision Improvement Agreement with Chattleton Place Partners, LLC approves the Final Subdivision Map and accepts the dedication for the public park/tot lot for Tract 9599, Chattleton Place, a 20-lot subdivision at 2812 Chattleton Lane, entitled along with and contingent upon the following Conditions of Approval:
1. The project shall continue to be subject to the Conditions set forth in Resolution 2021-126, as adopted by the City Council on September 20, 2021.
2. The proposed use, construction, and operations shall be conducted in substantial compliance with the Subdivision Improvement Agreement, Final Subdivision Plat, and Covenants, Conditions & Restrictions submitted to the City on October 11, 2023, November 15, and November 30, 2023, which are on file with the Community Development Department, under PLAN2311- 0004, as well as with the planning, design, and Vesting Tentative Map documents submitted and approved under Resolution 2021-126 for PLAN2012-0011.
3. Minor amendments to this approval may be approved by t he City Engineer and Planning Manager, if the proposed changes generally comply with the overall intent of the approval and/or are in response to revisions required by other approving agencies.
4. The applicant shall obtain all necessary City of San Pablo Building and Public Works permits as well as any outside agency permits for water, waste, fire and any proposed work and shall submit payment of fees and agency permits and approval from relevant agencies for any proposed work.
5. The approval shall be subject to the approval and acceptance by the East Bay Municipal Utility District (EBMUD) for the perpetual easement dedicated to EBMUD, as shown on the Final Subdivision Map.
6. The approval shall be subject to the approval and acceptance by the West County Wastewater District (WCWD) of the Sanitary Sewer Easement to be dedicated to Resolution 2023-### Page 6
WCWD, as shown on the Final Subdivision Map.
7. All public and commons area improvements shown on the Final Subdivision Map, including road and sidewalk construction and bioretention areas, shall be in place to the satisfaction of the City Engineer prior to any occupancy of the project.
8. The applicant shall obtain any permits and licenses needed for the proposed use.
9. The site shall be kept clean of all debris (boxes, junk, garbage, etc.) at all times.
All scrap materials shall be stored in a container and shall be removed regularly.
10. All construction improvements shall be designed by the appropriately licensed design professional. The standards imposed by the City for the private improvements shall be considered as minimum requirements and the standards may be increased by the design professional where judgment and prudence dictate.
11. A Stormwater Control Plan and Operations & Maintenance Agreement shall be required for the project; the Agreement must be recorded prior to a certificate of occupancy.
12. Applicant shall submit j oint trench and/or utility undergrounding plans to City’s Public Works Engineering Division for review prior to the work. Plans shall be prepared and signed by the appropriate professional.
13. After construction is complete, Applicant shall provide City with bou nd copies of grading, improvement, joint trench and landscaping plans. Plans must be the final approved versions, with red lines denoting any as -built deviations from the plans.
Additionally, CADD files of said plans shall be provided to City.
14. Prior to construction, Applicant shall submit to City’s Public Works Engineering Division, prod uct and material cut sheets for key components, including storm drain pipes, manholes, inlets, street lights and pull boxes, if applicable.
15. All abandoned pipes and other abandoned miscellaneous improvements shall be removed.
16. All equipment such as backflow prevention devices, meters and transformers shall be screened with landscaping or other means, and not visible from the public right of way.
17. In the event of the encounter of subsurface materials suspected to be an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area and the find left untouched. Applicant shall select and provide a qualified professional archaeologist certified by the Register of Professional Archaeologists or paleontologist with a degree in paleontology or geology, to evaluate. The recommendation of the qualified professional shall be implemented before work may proceed. The applicant shall be liable for all costs associated therewith.
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18. The applicant shall obtain any necessary permits from the Contra Costa County Flood Control District for any work conducted in or near the District’s Wildcat Creek flood control easement area.
19. All applicable ordinances, regulations and requirements of Federal, State and local governments shall be met, including all the requirements of the City of San Pablo Municipal Code. All noise, building permit and grading permit requirements shall be met as applicable.
20. The project shall comply with the provisions of the Disposition and Development Agreement (DDA) with the City of San Pablo, as amended by Resolution 2021- 102, including the requirement that one unit shall be deed restricted for sale to a lower-income household (i.e., at 80% Area Median Income) and that 65% of the homes developed on the site shall require the initial purchaser of a completed home, as a condition of the sale and purchase, to reside in and occupy the home for a period of one year from the date of sale; to adopt Covenants, Conditions, and Covenants (CC&Rs), which shall be submitted to the City for approval prior to the Final Map; to dedicate the proposed park/tot-lot as depicted in the approved plans to the City of San Pablo; and to adhere to the provisions of the access easement to the south to be limited to project ingress only.
21. The improvements associated with and the play equipment to be installed in the public park/tot-lot shall be of sufficient quality and durability for use by the public and the design and details shall be subject to the review and approval of the City Engineer.
22. The Homeowners’ Association will be responsible for sidewalk and landscaping strip maintenance and the CC&R’s shall include this requirement. Root barriers needed to be installed in the landscaping area per City Standards.
23. Failure to comply with any of the terms or conditions of this approval is considered to be a violation of the City of San Pablo Municipal Code and is subject to the enforcement provisions prescribed by Chapter 17.10, Enforcement , and any and all other penalties and remedies that may be provided by law.
24. Indemnification: Pursuant to Government Code Section 66474.9, the applicant (including any agent thereof) shall defend, indemnify, and hold harmless the City of San Pablo and its agents, officers, or employees from any claim to attack, set aside, void or annul, the City's approval concerning this planning application, which action is brought within the time period provided for in Section 66499.37. The City will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense.
BE IT FURTHER RESOLVED that the foregoing recitations are true and correct and are included herein by reference as findings.
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ADOPTED this 13th day of December, 2023, by the following votes:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ATTEST: APPROVED:
Dorothy Gantt, City Clerk Patricia Ponce, Mayor