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HomeMy WebLinkAboutResolution 2014-022 N.C.S. 2/3/2014 Resolution No. 2014-022 N.C.S. of the City of Petaluma, California APPROVING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM MIXED USE TO HIGH DENSITY RESIDENTIAL FOR THE MARIA DRIVE APARTMENT PROJECT LOCATED AT 35 MARIA DRIVE APNs 007-280-078 & 077 FILE NO. 12-GPA-0582 WHEREAS, JDA West submitted an application for a General Plan Amendment to change the land use designation of the project site located at 35 Maria Drive (APN 007-280-078 & 077) from Mixed Use to High Density Residential; and, WHEREAS, the City's Planning Commission held a duly noticed public hearing to consider the proposed General Plan Amendment on August 13, 2013. A copy of the notice was published in the Argus Courier, provided to residents and occupants within 500 feet of the project site in compliance with state and local law, and routed to appropriate agencies listed under Government Code Section 65352; and, WHEREAS, the Petaluma Planning Commission considered the application and related staff report and received and considered all written and oral public testimony submitted up to and at the time of the public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance; and, WHEREAS, on August 13, 2013, the Planning Commission recommended approval of the requested General Plan Amendment to change the General Plan Land Use designation of the subject parcel (APN 007-280-078 & 077) from Mixed Use to High Density Residential; and, WHEREAS, on October 21, 2013, at a duly noticed public hearing, the Petaluma City Council considered the application and related staff report and received and considered all written and oral public testimony submitted up to and at the time of the public hearing regarding the requested General Plan Amendment to change the General Plan land use designation of the subject site from Mixed Use to High Density Residential and continued said hearing to allow the applicant to redesign the proposed development to address privacy; height, massing and compatibility concerns; and, WHEREAS, on January 27, 2014, and February 3, 2014, at a duly noticed public hearing, the Petaluma City Council considered the applicants proposed modifications to the project, including redesign of the roof, reduction in building height, elimination of the third story element along the northern facade of the building facing Washington Creek, addition of clerestory windows on the remaining third story units facing north onto Washington Creek, increased tree size to 24-inch box containers along the northern property boundary and Maria Drive frontage, and other site and landscape improvements. At said hearing the City Council considered related staff report and received written and oral public testimony submitted up to and at the time of the public hearing regarding the requested General Plan Amendment to change the General Plan land use designation of the subject site from Mixed Use to High Density Residential. Resolution No.2014-022 N.C.S. Page 1 NOW THEREFORE BE IT RESOLVED that the City Council hereby approves a General Plan Amendment changing the General Plan Land Use designation of the subject parcel (APN 007-280-078 & 077) from Mixed Use to High Density Residential based on the following findings: 1. Modification of the land use designation to High Density Residential is consistent with General Plan policies, which promote a range of land uses at densities and intensities to serve the community needs within the Urban Growth Boundary (UGH) and to use land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses. 2. The change in General Plan land use designation is compatible with the neighboring Medium Density Residential and Low Density Residential and would provide a mix of densities within proximity to each other. The project is also in proximity to shopping, park and educational facilities, and transit routes and stops, thereby promoting development in areas that facilitate alternate modes of travel. 3. The General Plan amendment to change the land use designation to High Density residential will not contribute a significant increase in vehicle trips compared to what has been evaluated in the General Plan EIR, as maximum density under the Mixed Use designation and under the High Density Residential designation are both 30 units per acre. 4. The General Plan amendment to change the land use designation to High Density residential will not contribute a significant increase in vehicle trips compared to vehicle trips generated by the existing medical office development. 5. The City continues to face a high vacancy rate of approximately 25% for office space. The project site is currently developed as an office complex and has a vacancy rate of about 50%. 6. The City of Petaluma Housing Department supports the proposed density because it will fill a need for market rate rental housing given the City's current a low vacancy rate of below 2% in market rate rental housing. 7. The change of the land use designation to High Density Residential is consistent with policies of the Petaluma General Plan 2025, which promote residential development within the Urban Growth Boundary and encourage the development of housing on underutilized infill sites. 8. The public interest, public necessity, convenience and general welfare clearly permit and will be furthered by the proposed amendment because the proposed amendment will allow the conversion of highly vacant office complex into a high density rental housing development within proximity to shopping, park and educational facilities, and transit routes. The site is currently developed with a medical/office complex (constructed in the mid 70's) and associated site improvements such as landscaping and parking lot improvements, which will be demolished/removed. The office complex has had a high vacancy rate for several years, currently at about 50 percent compared to the City's overall office vacancy rate of approximately 25 percent. Absorbing the high vacancy rate for this site will be difficult given the condition of the buildings and vacancy rates for the City in general. According the Economic Resolution No. 2014-022 N.C.S. Page 2 Development Manager and documentation submitted by the applicant, vacancy rates for rental housing is currently at approximately 2 percent. In addition, memos prepared by BAE Urban Economics, dated July 25, 2013, and EFA dated July 26, 2013, demonstrate that because the site does not have direct access to major corridors and is not visible from existing shopping centers occupy this site with retail or office uses is difficult. 9. Government Code Section 65358 allows General Plan amendments when it is deemed in the public interest to do so. The proposed General Plan amendment would allow for development of the property at a density ranging from 18.1 to 30 units per acre, which is consistent with the density allowed under the existing land use designation. Residential development at this density would support the existing nearby shopping centers due to proximity of the site to these centers. Office vacancy rates within the city are currently at approximately 25 percent and over 50% for this office complex. By comparison vacancy rates for rental units are at approximately 2 percent. The proposed amendment will facilitate the conversion of highly vacant office complex into a. high density residential development within proximity to retail shopping centers, park and educational facilities, and transit routes. 10. State law limits the number of times a local agency can amend its general plan to no more than four times per year. No other General Plan Amendments have been approved for 2014. 11. In the public interest associated with the proposed General Plan Amendment, the applicant has agreed achieve a minimum of 100 points under the current Build It Green multi-family checklist. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing.Resolution was introduced and adopted by the Approve, as to Council of the City of Petaluma at a Regular meeting on the 3b day of February, i- fo 2014,by the following vote: _ City Attorn AYES: Albertson,Harris, Healy, Vice Mayor Kearney NOES: Barrett.Mayor Glass ABSENT: Miller ABSTAIN: None ATTEST: `+A / ! ��lf!.. . City Clerk ayor Resolution No. 2014-022 N.C.S. Page 3