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HomeMy WebLinkAboutStaff Report 6.A 8/4/2014 Staff Report and Attachments 1-2FOINUO Ice FROM: Agenda Item i. August 4, 2014 Honorable Mayor and Members of the City Council through City Manager Heather Hines, Planning Manager Ml� SUBJECT: Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Addison Ranch Apartment Complex and Introduction (First Reading) of an Ordinance to approve a Zoning Map Amendment to rezone the property located at 200 Greenbriar Circle from Planned Unit Development (PUD) to R-4. It is recommended that the City Council adopt the attached: 1. Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring Program for the Addison Ranch Apartment Complex project; and 2. Introduce the attached Ordinance (first reading) approving a Zoning Map Amendment to rezone the property located at 200 Greenbriar Circle from PUD to R-4. 13L�e��1iJ�►f1� The subject property is an approximately 18 -acre flat site located at 200 Greenbriar Circle, south of East Washington Creek, east of Maria Drive and north of Park Lane. The project site is developed with a multi -family apartment complex built in the 1970s. The existing Addison Ranch complex (formerly Greenbriar Apartments) includes 224 apartment units within 28 two- story buildings. There are currently 238 uncovered parking stalls, 224 covered carport stalls, associated parking, landscaping, and common amenities including two swimming pools, a clubhouse and a laundry facility. The existing Addison Ranch Apartments were recently remodeled (Administrative SPAR approval in January 23, 2013) to modernize and update the existing buildings. Alterations included both exterior upgrades and full interior remodel of all existing apartment units. The applicant is requesting a Zoning Map Amendment to rezone the site from PUD to R-4, consistent with the existing Medium Density Residential land use designation (8.1 to 18.0 housing units per acre), in order to expand the existing apartment complex. Additionally, the applicant has applied for Site Plan and Architectural Review to add 98 additional apartment units in 22 new buildings and associated modifications to the existing parking, landscaping and common recreational facilities. Agenda Review City Attorney �%� ^ Finance Director City Manager vC%/� The Planning Commission considered the proposed Zoning Map Amendment, preliminary SPAR review and the associated environmental document for the Addison Ranch project at a duly noticed public hearing on June 17, 2014. The Commission unanimously approved resolutions recommending that the City Council adopt the Mitigated Declaration and adopt an Ordinance approving the Zoning Map Amendment (Attachments 4 and 5). The Commission was supportive of the rezone for consistency with the underlining General Plan designation and the general design proposal for the overall project. The Commission's primary concerns related to the mmnber of additional units and potential traffic impacts. Reference to the specific number of new units was eliminated from the Zoning Map Amendment resolution to allow the Commission discretion to look at the appropriate number of units through the SPAR process. Additionally, the Commission provided feedback on a range of SPAR related items and requests for clarifications and refinements prior to final SPAR review as discussed below. Density The project presented at the Planning Commission hearing proposed the addition of 98 new units to the existing multi -family development (17 new two-story 4-plex buildings and 5 new two- story 6-plex buildings). Several Comnnissioners expressed concern regarding the proposed increase in density and more specifically regarding related traffic impacts as a result of the additional density. The Commission asked the applicant to consider scaling back the number of units, and to present a modified project at the subsequent Site Plan and Architectural Review hearing. Although a majority of the Commissioners asked for a reduction in the proposed maximum density, the Commission supported the Zoning Map Amendment. The Commission removed specific references to the 98 proposed units in the Zoning Map Amendment resolution prior to approval. Through follow up discussion with the applicant, staff determined that the net acreage used by the applicant to calculate density incorrectly included property owned by the City that runs along the northern property line, adjacent to the Sonoma County Water Agency property. As corrected, actual net acreage for the project site is reduced from 17.92 acres to 17.42 acres. Using the corrected acreage, the allowable density for the project site under the existing Medium Density Residential designation ranges from 141 to 313 units (8.1 to 18.0 units per net acre), which reduces the maximum allowable units that could be added to the existing 224 units to 89 units. The applicant is working on revisions to the plan to reduce the proposed density and respond to the Planning Commission's comments prior to returning for consideration of Site Plan and Architectural Review. Traffic Concerns In addition to the density discussion, the Commission had several questions about the statistical data and standards used to establish traffic impacts for the project as found in the Traffic Impact Study and referenced in the associated Initial Study. Several Commissioners felt that the increase in trip generation and resulting impact to existing level of service at nearby intersections was underestimated by the studies and that the project would result in a major change to the traffic patterns in the area. The City Engineer clarified that methodology used in generating the traffic analysis used typical industry standards and resulting analysis demonstrated that the additional units would not have a significant impact on traffic volumes or intersection wait times. Although some Commissioners questioned the use of national standards used in the traffic study, the Commission recommended approval of the Mitigated Negative Declaration for the project. Design Staff is working with the applicant on design revisions before the project returns to the Planning Commission for Site Plan and Architectural Review in order to adequately respond to the direction of the Commission. More specifically, the Comraission was particularly concerned about the design and location of perimeter fencing proposed. The Commissioners wanted to better understand the need for locations and design of the fence as well as transitions between the CMU wall and the wrought - iron fence. The Commissioners felt that the perimeter fencing was not in keeping with the intent of the General Plan, and that the CMU wall and gates created a closed off, exclusive community. Other revisions requested by the Commission included: • Greater clarity in the entire design package, including larger scaled plans and legends. • Improved legibility in the photometric plan and details for light fixtures. • Replacement of the existing chain link fence along the eastern border of the property with more appropriate fencing material. • Inclusion of appropriate green building features to increase energy efficiency. • Greater clarity in the tree protection and landscape plan sheets, increased tree planting, the use of drought resistant plantings, and reduction in lawn areas. • Provision of a detailed view of the main entrance to the apartment complex. • Use of a separate exhibit to clarify bicycle parking locations and design of bicycle storage facilities. • Use of photographs of the recent remodel for design context in the design package. The applicant is in the process of responding to these concerns. As of the date of this report, the applicant has proposed to eliminate all security gates and CMU block walls proposed as part of the perimeter fencing and eliminate the existing chain link fence along the eastern border of the property. Public Comment Staff from the Planning Division, Environmental Review and Public Works met with Kathleen Garvey, representative from the Eastside Petaluma Neighborhood Coalition in April 2014, to discuss traffic concerns associated with the proposed project. The applicant held a neighborhood meeting at the clubhouse on the Addison Ranch property on May 12, 2014. A 500 -foot radius list was used to notify all surrounding neighborhoods of the neighborhood meeting as well as neighborhood groups. Approximately 13 community members, including members of the Eastside Petaluma Neighborhood Coalition, attended the meeting. The community asked questions about landscaping, fencing, security gates, traffic, and access points for the project. As a result of the meeting, modifications were made to the Park Lane access at the southwest comer of the property to limit use to resident only. Officer Aaron Lindh from the Petaluma Police Department also attended the neighborhood meeting. Officer Lindh indicated that the former Greenbriar Apartments was a nuisance properly and stated that the number of police calls to the property have generally decreased in the past year. Staff obtained a police log of calls placed between June 2011 and June 2014 which indicates that police calls of a serious nature have dropped by approximately 70% during this time. Addison Ranch gained ownership of the property in January 2012. There was no public testimony at the Planning Cormmission hearing of June 17, 2014. A letter was received two days prior to the hearing from a McGregor Avenue neighbor expressing concerns related to: (1) the stability of their property during construction, (2) the replacement of fencing, (3) the location of Building 7 and resulting privacy impacts, and (4) the number of proposed parking spaces near the property line (and associated noise and pollution). The City Engineer responded to the neighbor prior to the hearing indicating that final construction drawings would detail the type of work needed to stabilize the existing berm for the homes on McGregor. The project engineer and City Engineer discussed using a combination of grading and retaining walls with fencing (with weep holes for drainage) in the area. The grading and wall work would be entirely on the Addison property. The applicant also responded to these concerns at the Planning Commission hearing by indicating that the neighbors will be noticed prior to construction of any retaining wall or fencing and clarifying that the location of Building 7 is 63 feet from the property line. Numerous public comments received by the Planning Division regarding the Maria Drive Apartments and Safeway Fuel projects mention the Addison Ranch Development. Comments generally discuss cumulative traffic concerns from all three projects, past safety and vandalism issues in the area, and overpopulation and quality of life impacts to the neighborhood. Most continents were received in July and August of 2013. DISCUSSION Zoning Map An:endinent The requested Zoning Map Amendment is to rezone the property from the current PUD (Greenbriar) to R-4 and complies with Implementing Zoning Ordinance Section 25.050.B, which requires that the Planning Commission make a finding that the public necessity, convenience and general welfare will be furthered by the proposed amendment. The Planning Commission determined that this finding could be made for the following reasons: The R-4 zoning designation will result in a use that is appropriate and compatible with existing surrounding uses. The R-4 zoning district is consistent with the General Plan designation for the site of Medium Density Residential (8.1 to 18 dwelling units per acre) and will facilitate development within this density range. A mix of residential development from low density to high density residential surrounds the site. The project is consistent with the established character of the surrounding neighborhoods and the character within the South East Planning Subarea of the General Plan. ® The R-4 zoning designation will allow for infill housing development on land within the Urban Growth Boundary. The General Plan proposes development of approximately 6,000 additional residential units and a build out population of approximately 72,700. This represents an annual growth of rate of nearly 1.2% per year. Approval of the requested zoning map amendment facilitates implementation of the General Plan 2025, provides compatibility with the surrounding neighborhood, and provides housing development consistent with the City's adopted Housing Element. The zoning amendment serves the public convenience, necessity, and general welfare by implementing zoning consistent with adopted plans, policies, and zoning code regulations. Environmental Review Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study of potential environmental impacts was prepared for this project. The potential for significant impacts was identified in the following 10 categories: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazardous Materials, Hydrology, Land Use, Noise and Transportation and Circulation. Based on the Initial Study, a Mitigated Negative Declaration (MND) was prepared and circulated for public review for thirty days. There has been no public comment on the MND. The MND and its supporting Initial Study proposed mitigation measures which have been agreed to by the applicant and will reduce potential impacts to less than significant levels. There is no substantial evidence in light of the whole record that the project, as mitigated, would have a significant effect on the environment. The Mitigated Negative Declaration with its supporting Initial Study, and the Mitigation Monitoring and Reporting Program, are included as attachments. [�Q►11�[�7 /•f i�u l 7s�.� The project is subject to cost recovery with all expenses paid by the applicant. The applicant has paid $27,899.61 in cost recovery fees to date. ATTACHMENTS 1. Resolution -- Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program 2. Ordinance -- Zoning Map Amendment from PUD to R-4 3. Initial Study and Mitigated Negative Declaration 4. Planning Commission Resolution No. 2014--13 recommending approval of the Mitigated Negative Declaration 5. Planning Cominission Resolution No. 2014--14 recommending approval of the Zoning Map Amendment from PUD to R-4 6. Planning Commission Staff Report 7. Project Plans ATTACHMENT 1 RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE ADDISON RANCH APARTMENT COMPLEX LOCATED AT 200 GREENBRIAR CIRCLE APN 007-610-001 THROUGH 032 FILE NO. 13 -SPC -0122 WHEREAS, Gary Whitesides, with GALA Construction, submitted an application (13 -SPC - 0122) to the City of Petaluma for a Zoning Map Amendment and Site Plan and Architectural Review for the property located at 200 Greenbriar Circle, APN 007-610-001 through 032 ("the Project" or the "proposed Project"); and WHEREAS, the project is subject to the Petaluma General Plan 2025, adopted by the City on May 19, 2008; and WHEREAS, in evaluating certain potential environmental effects of the Project in the Initial Study, the City relied on the prograrn EIR for the City of Petaluma General Plan 2025, certified on April 7, 2008 (General Plan EIR) by the adoption of Resolution No. 2008-058 N.C.S., which is incorporated herein by reference; and WHEREAS, the General Plan EIR identified potentially significant environmental impacts and related mitigation measures and the City also adopted a Statement of Overriding Considerations for significant impacts that could not be avoided; and WHEREAS, the City prepared an Initial Study for the proposed Project consistent with CEQA Guidelines sections 15162 and 15163 and determined that a Mitigated Negative Declaration (MND) was required in order to analyze the potential for new or additional significant environmental impacts of the Project beyond those identified in the General Plan EIR; and WHEREAS, a Notice of Intent to Adopt a Mitigated Negative Declaration providing a thirty (3 0) day public comment period commencing May 22, 2014 and ending June 23, 2014, and a Notice of Public Hearing to be held on June 17, 2014, before the City of Petaluma Planing Commission, was published and mailed to all residents and property owners within 500 feet of the Project, as well as all persons having requested special notice of said proceedings; and WHEREAS, the Planning Commission held a public hearing on June 17, 2014, during which the Commission considered the MND, its Initial Study and supporting documentation referenced in the Initial Study, the Project, and staff report dated June 17, 2014 and received and considered all written and oral public comments on environmental effects of the Project which were submitted up to and at the time of the public hearing; and WHEREAS, on June 17, 2014 the Planning Commission completed its review of the Project, the MND, and a Mitigation Monitoring and Reporting Program and recommended adoption of the MND and the Mitigation Monitoring and Reporting Program; and WHEREAS, the City Council held a duly noticed public hearing on August 4, 2014, during which the Council considered the Project, the Initial Study/MND and supporting documentation referenced in the Initial Study, and received and considered all written and oral public continents on the environmental effects of the Project which were submitted up to and at the time of the public hearing; and WHEREAS, the MND reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and WHEREAS, the MND, Initial Study and related project and environmental documents, including the General Plan 2025 EIR and all documents incorporated herein by reference, are available for review in the City of Petaluma Community Development Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project, Pile, No. 13 -SPC -0122, is the City of Petaluma Community Development Department, 11 English Street, Petaluma, CA 94952, attn: Elizabeth Jonelcheer, Senior Planner. NOW THE, BE IT RESOLVED THAT: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Based on its review of the entire record herein, including the MND, its Initial Study, all supporting, referenced and incorporated documents and all comments received, the City Council hereby, finds that there is no substantial evidence that the Project as mitigated will have a significant effect on the enviromrrent, that the MND reflects the City's independent judgment and analysis, and that the MND, Initial Study and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. 2 EXHIBIT A City of Petaluma, California Community Development Department Planning Division 11 English Street, Petaluma, CA 94952 Project Name: ADDISON RANCH APARTMENT COMPLEX File Number: 13 -SPC -0122 Address/Location: 200 Greenbriar Circle. Petaluma. CA 94952 APN: 007-610-001 through 032 MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with Section 21081.6 of the California Environmental Quality Act (CEQA) and Section 15097 of the CEQA Guidelines. This document has been developed to ensure implementation of mitigation measures and proper and adequate monitoring/reporting of such implementation. This MMRP shall be adopted in conjunction with project approval, which relies upon a Mitigated Negative Declaration. It is the intent of this MMRP to: (1) document implementation of required mitigation; (2) identify monitoring/reporting responsibility, be it the lead agency (City of Petaluma), other agency (responsible or trustee agency), or a private entity (applicant, contractor, or project manager): (3) establish the frequency and duration of monitoring/reporting; (4) provide a record of the monitoring/reporting; and (5) ensure compliance. The City of Petaluma's Planning Commission has adopted those mitigation measures within its responsibility to implement as binding conditions of approval. The following table lists each of the mitigation measures adopted by the City in connection with project approval, the implementation action, timeframe to which the measure applies, the monitoring/reporting responsibility, reporting requirements, and the status of compliance with the mitigation measure. Implementation The responsibilities of implementation include review and approval by City staff including the engineering, planning, and building divisions. Responsibilities include the following: 1. The applicant shall obtain all required surveys and studies and provide a copy to the City prior to issuance of grading permits or approvals of improvements plans. 2. The applicant shall incorporate all applicable code provisions and required mitigation measures and conditions into the design and improvements plans and specifications for the project. 3. The applicant shall notify all employees, contractors, subcontractor, and agents involved in the project implementation of mitigation measures and conditions applicable to the project and shall ensure compliance with such measures and conditions. 4. The applicant shall provide for the cost of monitoring of any condition or mitigation measure that involves on-going operations on the site or long-range improvements. 5. The applicant shall designate a project manager with authority to implement all mitigation measures and conditions of approval and provide name, address, and phone numbers to the City prior to issuance of any grading permits and signed by the contractor responsible for construction. 6. Mitigation measures required during construction shall be listed as conditions on the building or grading permits and signed by the contractor responsible for construction. If deemed appropriate by the City, the applicant shall arrange a pre -construction conference with the construction contractor, City staff and responsible agencies to review the mitigation measures and conditions of approval prior to the issuance of grading and building permits. Monitoring and Reporting The responsibilities of monitoring and reporting include the engineering, planning, and building divisions, as well as the fire department. Responsibilities include the following: 1. The Building, Planning, and Engineering Divisions and Fire Department shall review the improvement and construction plans for conformance with the approved project description and all applicable codes, conditions, mitigation measures, and permit requirements prior to approval of a site design review, improvement plans, grading plans, or building permits. 2. The Planning Division shall ensure that the applicant has obtained applicable required permits from all responsible agencies and that the plans and specifications conform to the permit requirements prior to the issuance of grading or building permits. 3. Prior to acceptance of improvements or issuance of a Certificate of Occupancy, all improvements shall be subject to inspection by City staff for compliance with the project description, permit conditions, and approved development or improvement plans. 4. City inspectors shall ensure that construction activities occur in a manner that is consistent with the approved plans and conditions of approval. MMRP Checklist The following table lists each of the mitigation measures adopted by the City in connection with project approval, the timeframe to which the measure applies the person/agency/permit responsible for implementing the measure, and the status of compliance with the mitigation measure. I -A a. n b G � � U O H (? O v b U q O O mvc- q 0 v w s b �'� � d O� n 00 aG➢ � O 9 U _nil � � N .On cG p C '- � G ••n H t5 t5 G 61 N 'a � 0 ^O C R 'O O Y i 0 U •-a. U ^O %3 G .IIJ-. ,n U � �'". U O R •m ^Ci � tYJ ia 'O .0 U .n `� G ei U v } O 'U6 � U �'7 O �U � � :.T •En N � Ln 0 � o *; CI CS r p U y o •a U,o v� pp U G O � _ D G o G R R N U G •t7 U R G R CJ' ,n a."S U b O i vs vyi 45T N 'V *; CI m o o U d o T 9 O v O ii n! 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S., TO CHANGE THE ZONING OF THE PROPERTY LOCATED AT 200 GRE ENBRIAR CIRCLE FROM PLANNED UNIT DEVELOPMENT (PUD) TO R-4 APN 007-610-001 THROUGH 032 FILE NO. 13 -SPC -0122 WHEREAS, Gary Whitesides, with GALA Construction, submitted an application (13 - SPC -0122) to the City of Petaluma for a Zoning Map Amendment and Site Plan and Architectural Review for the property located at 200 Greenbriar Circle, APN 007-61-001 through 032 ("the Project" or the "proposed Project"), and WHEREAS, the City's Planning Commission held a duly noticed public hearing to consider the proposed Implementing Zoning Ordinance amendment on June 17, 2014 and adopted Resolution No. 2014-014; and WHEREAS, on August 4, 2014, the City Council held a duly noticed public hearing to consider the proposed Zoning Amendment; and WHEREAS, on August 4, 2014, the City Council reviewed the CEQA evaluation for the Project and adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, in accordance with the California Environmental Quality Act and the City of Petaluma Environmental Guidelines; and WHEREAS, based on the City Council's review and consideration of the entire record concerning the proposed zoning map amendment for the property located at 200 Greenbriar Circle (APN 007-061-001 through -032), City council finds as follows: The R-4 zoning designation will result in a use that is appropriate and compatible with surromiding uses. The R-4 zoning district is consistent with the existing General Plan designation for the site of Medium Density Residential (8.1 to 18 dwelling units per acre) and will facilitate development within this density range. A mix of residential development from low density to high density residential surrounds the site. The project is consistent with the established character of the surrounding neighborhoods and the character within the South East Planning Subarea of the General Plan. 2. The R-4 zoning designation will allow for the development of infill housing on land within the Urban Growth Boundary. The General Plan proposes development of approximately 6,000 additional residential units and a build out population of approximately 73,700. This represents an annual growth of rate of nearly 1.2% per year. --1 3. Approval of the requested zoning map amendment facilitates implementation of the General Plan 2025, provides compatibility with the surrounding neighborhood, and provides housing development consistent with the City's adopted Housing Element. The zoning amendment serves the public convenience, necessity. and general welfare by implementing zoning consistent with adopted plans, policies, and zoning code regulations. The proposed project would also require Site Plan and Architectural Review approval by the Planning Commission for the proposed development. 4. The requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of a Mitigated Negative Declaration for the Project. Mitigation measures have been proposed and agreed to by the applicant that will reduce potential impacts to less than significant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. The City Council finds that a Mitigated Negative Declaration and Mitigation Monitoring Plan for this project has been prepared, circulated and adopted by the City Council in accordance with State Law. Section 2. The Zoning Map contained in the hnplementing Zoning Ordinance is hereby amended to modify the zoning district of the property located at 200 Greenbriar Cirlce (APN 007-61-001 through 03 )2) R-4. Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 4. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 5. Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/publislied this 4th day of August. 2014. ADOPTED this day of , 2014 by the following vote: J — 2