ATTACHMENT D
CITY OF SANTA MARIA
PLANNED DEVELOPMENT PERMIT AMENDMENT
PLANNING DIVISION 110 SOUTH PINE STREET ROOM 101 SANTA MARIA, CA 93458 805.925.0951 X 2244
PERMIT NO. A2026-0003_____________________________________
APPROVAL DATE April 7, 2026_____________________________________________ _
PROJECT NAME Las Brisas Apartments Time Extension
APPLICANT/OWNER Ron Mertzel, Santa Maria II Multifamily LLC __ __
ADDRESS/LOCATION Southeast corner of Blosser Road and Carmen Lane ________ _
DESCRIPTION Review of a Permit Amendment (A2026 -0003) to Planned Development Permit (PD2022 -0011) to allow a two -year time extension for MBK Rental Living, Inc. to construct 103
apartment units in 23 two-story buildings, a community center, landscaping, parking and resident amenities on a 9.96-acre site in a PD/R -3 (Planned Development/High Density Residential) district.
FINDINGS
The City Council hereby approves the following project in accordance with the application submitted and hereby makes the required findings in accordance with Sections 12-35.501 and 12-35.203 of the Santa Maria Municipal Code, including the following:
A. That the City Council finds that competent evidence provided by the applicant and included in the project record substantiates that the applicant has demonstrated adequate due diligence to implement and complete the permit and that there are significant economic factors that justify additional time, per Santa Maria Municipal Code Section 12 -35.501(d)(1). The applicant has cited economic ci rcumstances, including high inflation and interest rates as a reasoning for their request. In addition, the applicant did submit building permit applications, and the City has approved the fine grading, residential buildings and community center plans, however the applicant did not pay the associated fees, so no permits were issued. The applicant is also working with the Public Works Department to complete off-site public improvements such as a traffic signal at Blosser and Carmen Lane and a bus turnout and shelter on Blosser Road. This developer has also constructed the 340-unit Betteravia Place 1 apartment community that is now near completion, which will allow the developer to shift the focus of their efforts to this project. This Amendment to Planned Development Permit PD2022-0011 extends the validity for the permit by two years to February 22, 2028.
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B. That the City Council made the necessary Planned Development Permit Findings in accordance with Sections 12 -35.105 and 12 -35.203 on February 7, 2023, and approved PD2022-0011 (the project) finding the following:
i. That the project meets the vision, intent, and requirements of the General Plan. The project would be consistent with the purpose of the High Density Residential (HDR) land use designation on the site, which is meant to provide an urban residential environment close to shopping facilities and existing activity centers, because the project would provide apartments adjacent to existing/proposed commercial development and park space.
ii. That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to property adapt such use with the land and uses in the vicinity because, the project Is designed to comply with the City of Santa Maria Municipal Code standards for the PD/R -3 zone, including but not limited to height, parking, loading, landscaping, open space, setbacks, and vehicular access. The site is adequately sized to accommodate the proposed residential use, and the construction of the multi -family residential development would adapt with the land and uses in the vicinity which includes a similar land use pattern of medium and high -density residential development.
iii. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use because the proposed construction of project, with traffic mitigation measures, would not lead to inadequate street and highway conditions. A Traffic and Circulation Study was prepared by Associated Transportation Engineers (ATE) for the 2015 Betteravia Plaza Final Environmental Impact Report (EIR). The City of Santa Maria General Plan Circulation Element states that a Level of Service (LOS) D or better is acceptable for roadway and intersection operations. The traffic study determined that the existing area intersections operate within acceptable LOS ranges with intersection improvements (traffic s ignals) at the intersections identified in Mitigation Measure T -1 of the EIR. The City's Public Works Department reviewed this study and determined that no further analysis to traffic LOS and site circulation is required because the number of cumulative trips with the project are projected to be reduced and would not change the previously analyzed LOS at the area intersections. The Mitigation Measure T- 1 has been Incorporated into this permit as a condition of approval, improvements to be completed prior occupancy clearance for the project.
The project is exempt from Vehicle Miles Traveled (VMT) analysis per the City of Santa Maria Environmental Procedures. Specifically, the project site is located within a Transportation Analysis Zone (TAZ) where the Countywide Average Home -Based VMT per Capita (Appendix B of Environmental A2026-0003 APRIL 7, 2026
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Procedures) are expected to generate VMT at 85 percent or less of the baseline average rate. Any of these T AZ areas are presumed to have a less than significant VMT impact and are exempt from further review.
iv. That the proposed use will have no adverse effect upon abutting property as the construction of the multi -family residential development and the establishment of the residential use would be self -sustained by providing adequate on-site parking and amenities in an area of the City that has established residential development of a similar density and scale.
v. That the establishment, maintenance and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or Improvements In the neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development. The project would provide adequate space for setbacks, parking and landscaping to ensure no nuisances would be created by the establishment of the project. The conditions of approval and development standards required for this project address alleviate any potentially adverse impacts that could result from the proposed use.
Therefore, the project would be compatible with the adjoining land uses and would project would be compatible with the adjoining land uses and would not be more obnoxious or detrimental to the health of the public than any of the uses established at the project area, or any of the uses listed in the PD/R-3 section of the Municipal Code.
vi. That the conditions stated in the decision are necessary to protect the public health, safety, and general welfare.
vii. The proposed height and open space modifications are otherwise consistent with the General Plan, and Municipal Code because the modification to exceed the R-3 district 35-foot building height maximum by five -feet would allow for changes in roof planes and variation in roof lines which provides architectural interest and reduces the perceived bulk of the building, which is consistent with Objective L.U.9c to encourage creative site design in new residential developments and encourage the development of a unique identity for each neighborhood. Further the height increase allows for full screening of rooftop mechanical equipment, consistent with Municipal Code performance standards. A reduction in the open space requirement of 250-square-feet per unit to 224 -square-feet per unit allows for a variety of unit sizes to be constructed at maximum density while also providing several high -quality open space areas for passive and active resident use, consistent with objective L.U.1 a.
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viii. The project includes superior design elements that mitigate or compensate for any potential impact of the proposed modification(s) on the surrounding area; the modification to exceed the R -3 district 35-foot maximum building height by 5feet would allow for changes in roof planes and variation in roof lines which provides architectural interest and reduces the perceived bulk of the building. A reduction in the open space requirement of 250 -square-feet per unit to 224 -square feet per unit allows for a varie ty of unit sizes to be constructed at maximum density while also providing several high -quality shared open space areas for passive and active resident use, including playgrounds, sports courts, plazas, and seating with pedestrian amenities such as trellises, lighting, shade trees, and decorative pedestrian crossings.
Each unit is provided with its own private balcony.
ix. The proposed modification(s) are essential to the design of the project; The modification to exceed the 35-foot maximum building height allows the project to adequately screen rooftop equipment and provide roof line variations to break up the building mass ing and provide architectural interest. The reduction in the open space requirement of 250 square feet per unit to 224- square-feet per unit allows for a variety of unit sizes to be constructed at the density allowed by the General Plan.
x. The proposed modification(s) have been minimized to the maximum extent possible consistent with Subsections (a) through (c) of Section 12-35.203 of the Municipal Code. The project is consistent with all other applicable development standards in the Municipal Code.
xi. That the environmental impacts of the project are adequately reviewed in the Addendum to the Betteravia Plaza Final Environmental Impact Report (SCH# 2015011029) and there is no substantial evidence in the record that the project, as mitigated, may have a significant effect on the environment. No further environmental review is required.
C. That the City Council hereby reaffirms the above cited findings of City Council Resolution 2023-30.
D. That the conditions stated in this Permit Amendment (A2026-0003) modify and are in addition to the conditions of Planned Development Permit (PD2022-0011), and are necessary to protect the public health, safety and general welfare, so that the proposed use will have no adverse effect upon abutting property.
E. The project was adequately covered in a previously adopted Addendum to the Betteravia Plaza Final Environmental Impact Report (State Clearing House Number 2015011029) pursuant to California Environmental Quality Act State Guidelines Section 15162. No additional environmental review is required for the subject time extension request.
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CONDITIONS OF APPROVAL
The project is approved subject to the following Conditions of Approval:
Community Development Department
1. Project Description: The permittee shall comply with the project description, plan set entitled Betteravia Place 2 consisting of 19 pages dated November 10, 2022, September 2, 2022, and August 10, 2022 , and Conditions of Approval of this permit. Any changes from the project d escription, Plan Set, or conditions may require a permit amendment. Contact the Planning Division prior to changing anything described on the Plan Set or in the project description.
2. Previous Permits . All conditions from PD20 22-0011 remain in effect and are included by reference. In the event of conflict between PD2022-0011 and the special conditions of this amendment, the special conditions from this amendment shall be enforced.
3. Permit Expiration. Based on the City Council extension, this Permit shall become null and void if the ministerial permits required under this permit have not been issued by February 22, 2028.
4. Agency Requirements. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project.
5. Indemnification: The applicant shall agree to indemnify, defend (with counsel reasonably approved by the City), and hold harmless the City of Santa Maria and its officers, officials, employees, and agents from and against any and all claims, demands, actions, proceedings, lawsuits, losses, damages, judgments and/or liabilities by third parties arising out of, related to, or in connection with the project application or to attack, set aside, void, or annul, in whole or in part, an approval of the project application by the City and any related environmental approvals, development approvals or project conditions. The Applicant shal l reimburse the City, its agents, officers, officials, or employees, for any court costs and attorney’s fees that the City, its agents, officers, officials, or employees may be required by a court to pay as a result of such action. The City may, at its sol e discretion, participate at its own expense in the defense of any such action but such participation shall not relieve Applicant of his/her obligations under this provision.
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NOTES:
In accordance with Section 12-35.109 of the Municipal Code, this permit is not valid until the 15th calendar day following the issuance of the permit, providing no appeal is filed; or if an appeal is filed, this permit is not valid until the effective date of the final action on the appeal.
In accordance with Section 12-35.504 of the Municipal Code, the City may modify conditions of approval of the permit, or may revoke the permit for non-compliance with any of the conditions of approval, or if any operations under the approved permit result in detriment to the public health, safety or welfare.
This permit will not be valid until the applicant and property owner have submitted signed acknowledgment of their consent to the conditions, in accordance with Section 12 -35.109 of the Santa Maria Municipal Code, to the Planning Division of the Community Development Department.
In accordance with Section 12-35.501 of the Municipal Code, this permit shall become null and void if the permit is not established within three years of the permit’s effective date or after establishment the use is discontinued or abandoned for a period of six months. However, the approval body may consider extensions of time for additional periods of up to two (2) years. A written request justifying the need and the appropriate filing fee filed with the Community Development Department shall be submitted prior to the expiration date.
Failure to comply with any of the conditions stated above may be cause for revocation or modification of this permit, in addition to any other penalties provided by law. All conditions of approval are to be completed prior to occupancy unless otherwise stated, and are to be maintained in perpetuity.