HomeMy WebLinkAboutResolution 2019-057 N.C.S. 05/06/2019Resolution No. 2019-057 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL APPROVING A
DENSITY BONUS HOUSING AGREEMENT FOR THE DECRISTO MULTI -FAMILY
PROJECT LOCATED AT 109 ELLIS STREET
APN: 007-361-003
FILE NO. PLSR-18-0030
WHEREAS, Jerry A. Kler submitted, on behalf of property owner DeCristo Family
Trust, an application for Site Plan and Architectural Review including requests for a Residential
Density Bonus and a Development Concession/Incentive for the construction of a new multi-
family residential project containing three, three-story buildings comprised in total of 13
residential units, 22 off-street vehicular parking spaces, and site improvements including
landscaping within the Residential 4 (R4) zone with Flood Plain -Combining (FP -C) Overlay,
located on a 0.705 -acre site at 109 Ellis Street (APN 007-361-003) (the "Project"); and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider
the Project, including the Site Plan and Architectural Review request and requests for a
Residential Density Bonus and a Development Concession/Incentive on April 9, 2019, at which
time all interested parties had the opportunity to be heard; and
WHEREAS, public notice of the Planning Commission hearing was published in
the Petaluma Argus -Courier and mailed to residents and occupants within 1,000 feet of the
Project site in compliance with state and local law; and
WHEREAS, at said hearing, the Planning Commission considered the staff report dated
April 9, 2019, analyzing the Project, including the related Mitigated Negative Declaration; and
WHEREAS, on April 9, 2019, the Planning Commission reviewed the California
Environmental Quality Act (CEQA) evaluation and by Resolution No. 20019-05 dated April 9,
2019, recommended to the City Council adoption of a Mitigated Negative Declaration (MND)
in accordance with CEQA; and
WHEREAS, the Planning Commission reviewed the Residential Density Bonus
Agreement and by Resolution No. 2019-06 dated April 9, 2019, recommended to the City
Council approval of the Density Bonus Housing Agreement; and
WHEREAS, the Planning Commission provided feedback to the applicant on the
requested Site Plan and Architectural Review for the project, which will be considered at a
subsequent hearing should the City Council approve the Mitigated Negative Declaration and
Density Bonus Housing Agreement; and
Resolution No. 2019-057 N.C.S. Page 1
WHEREAS, the City Council held a duly noticed public hearing to consider the
Project, including the request for a Residential Density Bonus and a Development
Concession/Incentive on May 6, 2019, at which time all interested parties had the opportunity
to be heard; and
WHEREAS, at said hearing, the City Council considered the staff report dated
May 6, 2019, analyzing the Project, including the related Mitigated Negative Declaration; and
WHEREAS, public notice of the City Council hearing was published in the
Petaluma Argus -Courier and mailed to residents and occupants within 1,000 feet of the
Project site in compliance with state and local law; and
WHEREAS, on May 6, 2019, the City Council reviewed the CEQA evaluation and by
Resolution No. 2019-058 N.C.S. dated May 6, 2019, adopted a Mitigated Negative Declaration
in accordance with CEQA; and
WHEREAS, Petaluma's Implementing Zoning Ordinance Chapter 27 (Residential
Density Bonus) provides for provision of a local Residential Density Bonus and Development
Incentives/Concessions program consistent with California state density bonus law; and
WHEREAS, the intent of IZO Chapter 27 is to provide incentives for the production
of housing for very low, low, moderate income or senior housing in accordance with California
state law and facilitate the development of affordable housing consistent with the goals,
policies, and programs of the City's Housing Element; and
WHEREAS, the project applicant submitted a request for a Residential Density Bonus
and a Development Incentive/Concession as allowed under IZO Chapter 27; and
WHEREAS, the project proposes to provide one on-site multi -family unit affordable at
the very low income level (approximately 8 percent of the proposed units); and
WHEREAS, IZO Section 27.030 states that the City shall grant either a Density Bonus
or a Density Bonus with a Concession or Incentive to an applicant who agrees to provide at least
five percent of the total units of the housing development as restricted affordable units
affordable to a very low income household; and
WHEREAS, consistent with IZO Section 27.040.D, the inclusion of one on-site unit
affordable to a very low income household as part of the subject project entitles the project to
a residential density bonus of up to 27.5 percent above the base maximum density of 18.0 units
per acre; and
WHEREAS, IZO Section 27.070 states that a housing development that provides at
least five percent of the units affordable to very low income households shall entitle the
developer to one concession or incentive; and
Resolution No. 2019-057 N.C.S. Page 2
WHEREAS, IZO Section 27.070 further provides that the City may grant a waiver
or modification of site development standards to reduce on-site parking standards, including
the number of spaces; and
WHEREAS, consistent with IZO Sections 27.040D and 27.070, the applicant has
requested a density bonus to increase the residential density to 18.43 units per acre and reduce
onsite parking by three spaces; and
WHEREAS, the reduction in the required onsite parking results in cost savings to
the applicant, which further subsidizes the provision of the unit available to the very low
income household and is not anticipated to have a specific adverse impact upon the public health
and safety or physical environment or any real property that is listed on the California Register
of Historic Resource, and is not contrary to state or federal law; and
WHEREAS, the full onsite parking requirement creates challenges for development of
the site at the requested density and may require decrease in the proposed density of over 18
units per acre; and
WHEREAS, IZO Section 27.050 provides for development standards for affordable
units, all of which have been incorporated into the draft Density Bonus Housing Agreement
for the project; and
WHEREAS, Chapter 27.090 of the Implementing Zoning Ordinance requires applicants
for a Density Bonus, Incentive or Concession to enter into a Density Bonus Housing
Agreement with the City, approved by the City Council; and.
WHEREAS, Chapter 27.090 provides the requirements for a Density Bonus Housing
Agreement, which have been incorporated into the draft Density Bonus Housing Agreement
for the project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Based on its review of the entire record herein, the City Council makes the following findings:
a. The Project is consistent with the General Plan 2025 Medium Density Residential land use
designation in that the Medium Density Residential provides for a variety of dwelling
types, including single-family and multi -family housing at a density of 8.1 to 18.0
units/acre.
b. The Project is, for the reasons discussed in the May 6, 2019 City Council staff report,
consistent with the following General Plan policies: Policy 1-P-2 (Efficient Land Use),
Policy 1-P-6 (Encourage Mixed -Use Development), Goal 2-G-3 (Payran-McKinley
Neighborhood Character), Policy 4-P-1.0 (Creek Setbacks), Policy 5-P-15 (Bikeway
Resolution No. 2019-057 N.C.S. Page 3
Implementation), Policy 5-P-26 (Creek Trail Access), and Housing Element Policies 1.1
(Encourage Residential Development), 1.2 (Optimize Development Potential), and 4.2
(Affordable Housing Production).
c. The Project is consistent with all development standards of the Residential 4 (R4) zoning
district, including but not limited to, those pertaining to uses, setbacks, building height,
floor area ratio, and parking.
d. The Project is consistent with all requirements for a Density Bonus with a Concession as
outlined in IZO Chapter 27 (Residential Density Bonus) and California state density bonus
law.
Based on its review of the entire record herein, including the May 6, 2019 City Council staff
report, all supporting, referenced, and incorporated documents, and all comments received,
the City Council hereby recommends that the City Council approves the Density Bonus
Housing Agreement attached as Exhibit 1 hereto and incorporated herein by reference.
REFERENCE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Under the power and authority conferred upon this Council by the Charter of said City.
I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 61h day of May 2019,
by the following vote:
Mayor Barrett; Fischer; Healy; Kearney; King; Vice Mayor McDonnell; Miller
None
None
None
Deputy City Clerk
Mayor
Approved as to
� form:�,
Ci ttorney
Resolution No. 2019-057 N.C.S. Page 4