CITY COUNCIL STAFF REPORT
MEETING DATE: August 24, 2016
PREPARED BY: Tiffany Brown, Associate Planner/ Community Development
APPROVED BY: City Manager
Title
ZONING AMENDMENT, ZA-16-01/ DEVELOPMENT AGREEMENT, DA2016-0005: CONDIT - MANA. APN 817-12-009 IS LOCATED ON THE NORTHWEST SIDE OF SAN PEDRO AVENUE AND MURPHY AVENUE; PRESIDIO - EVERGREEN, LLC
END
RECOMMENDATION(S)
RECOMMENDATION
1. Open and close public hearing;
2. Waive the first and second reading of Zoning Amendment Ordinance;
3. Introduce Zoning Amendment Ordinance;
4. Waive first and second reading of Development Agreement Ordinance; and
5. Introduce Development Agreement Ordinance.
BODY
COUNCIL PRIORITIES, GOALS & STRATEGIES:
2016 Focus Areas
Developing Our Community
REPORT NARRATIVE:
The applicant, Presidio - Evergreen LLC, is requesting approval of a Zoning Amendment to establish a Planned Development overlay zone and approval of a Development Agreement to formalize commitments made during the Residential Development Control System (RDCS) process. The Zoning Amendment and Development Agreement will allow the development of 60 townhome style condominiums and 14 single family detached units with private streets, alleyways, and common open space areas. The project is on approximately 9.6 acres in an R3 - Medium Density Residential District, located on the northwest corner of San Pedro Avenue and Murphy Avenue. The General Plan land use designation for the site is Residential Attached Low (6-16 dwelling units / acre).
The proposed zoning amendment will rezone the property to R2 - Small Lot Medium Density Residential, establish a Planned Development overlay zone, and adopt a Precise Development Plan for the project which will allow for certain deviations from the development standards of the R2- Small Lot Medium Density Residential zoning district. The project includes construction of a new private street from Murphy Avenue, alley ways to access alley-loaded garages, a 0.5 acre private park and a 0.2 acre dog park with a pedestrian walkway connection to the main paseo connecting to the neighboring properties (apartments project to the west, Outdoor Sports Center (OSC) to the south, and future commercial to the north).
The proposed Development Agreement would formalize the project's RDCS commitments, establish a development schedule for the project including a commencement of construction deadline and include other standard City requirements. The project competed through the City's RDCS and was awarded 30 allotments for fiscal year 2017-2018. The project applicant will be seeking to obtain additional allotments through future RDCS competitions.
The project was reviewed by the Planning Commission (Commission) at its July 12, 2016 and July 26, 2016 meetings. At the July 12, 2016 meeting, staff presented the project and the conceptual Master Plan which includes the parcel to the west and north of this site to the Commission and the public hearing was opened. City staff from Public Works and Community Services, the project transportation consultant, and the developer responded to the Commission comments. The Commission requested that the item be continued to the July 26, 2016 meeting with direction to the developer to:
§ Provide better articulation of the top-most roof lines of the tri-plex, and four-plex condominium buildings;
§ Provide variation in the lot widths and/or floor plans for the single-family detached units fronting Murphy Avenue;
§ Convert the northern-most EVA into a street connecting to Murphy Avenue;
§ Utilize Oak trees within the landscape plan to compensate for the removal of Oak trees; and
§ Provide responses from environmental consultant on questions regarding the Addendum to the EIR.
The applicant accordingly made revisions to the project, which were presented to the Commission at the July 26, 2016 meeting. One letter from the public was received prior to the meeting, no other members of the public spoke on the project. The Commission had further discussion and recommended approval to the City Council of the Zoning Amendment and the Development Agreement.
There was a Subdivision Map presented with the project; which was not approved by the Commission. This Subdivision Map is going to be reconsidered by the Commission at the August 23, 2016 meeting. The Planning Commission will be asked to make specific findings in accordance with the Subdivision Map Act, if they choose to deny the map. The Commission had concerns that the map included parcels (commercial and rental housing) that were not part of the townhome Planned Development (PD) review process, as well as roadway design and function safety near the OSC. The Commission was also concerned about the functions and operations of a proposed ancillary commercial building that was identified in the MOU, which has since been substituted with a programmable and "pop up" park area, more appropriate to the area.
COMMUNITY ENGAGEMENT: Inform
The community was informed about this project through public notification including site signage, newspaper notice, and direct mail to property owners within 300 feet.
ALTERNATIVE ACTIONS:
In addition to denial of the requested Zoning Amendment and/or Development Agreement, the City Council could direct the applicant to make changes to the proposed project design.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The project site was annexed into the City in 2006 as part of an "island annexation" program sponsored by the Local Agency Formation Commission (LAFCO).
In January 2015, the Planning Commission recommended certification of the Final EIR, approval of a General Plan Amendment from Commercial to Multi-Family Low, and an MOU for a Conceptual Master Plan for the project Site.
City Council certified the Final EIR, approved the General Plan Amendment and MOU at its February 4, 2015 hearing.
Planning Commission reviewed and recommended approval of a Zoning Amendment for the subject site and the adjacent apartment complex site at the July 14, 2015 meeting. The Council reviewed and approved the Zoning Amendment at its August 5, 2015 meeting, amending the zoning from CG - General Commercial to R3 - Medium Density Residential District to conform to the Multi-Family Low and Multi-Family Medium (adjacent site) General Plan land use designations.
On January 12, 2016 the project was awarded 30 allotments pursuant to the RDCS.
On July 26, 2016, the Planning Commission voted (4-2-0-1) to recommend that the City Council approve the requested Zoning Amendment with Precise Development Plan and Development Agreement for the project.
FISCAL AND RESOURCE IMPACT:
No budget amendment is proposed. The City has collected application fees to cover costs associated with the project.
CEQA (California Environmental Quality Act):
Project, Description of CEQA requirements
An addendum to an approved Initial Study (IS)/Environmental Impact Report (EIR) was prepared.
LINKS/ATTACHMENTS:
1. Zoning Ordinance
2. ZA Ordinance Exhibits A,B,C
3. Development Agreement Ordinance
4. DA Exhibits A, B, C
5. Full Plan Set
6. July 12, 2016 Planning Commission Staff Report
7. July 26, 2016 Planning Commission Staff Report