Loading...
HomeMy WebLinkAbout2017-15RESOLUTION NO. 2OL7-15 A RESOLUTION OF THE DANVILLE PLANNING COMMISSION RECOMMENDING THE DANVILLE TOIAAI COUNCIL APPROVE GENERAL PLAN AMENDMENT STUDY REQUEST LEG17.O1 (GPA) AND PRELIMINARY DEVELOPMENT PLAN - REZONTNG REQUEST LEG77-02 (PUD) SUBIECT TO FINDINGS AND CONDITIONS OF APPROVAL (Various Property Owners - APNs: 208-031-00Lthru -024; 208-041-003 thru -0L4; and 208-420-00L thru -0L8) SECTION 1.. LEGISLATIVE INTENT WHEREAS, the Danville 2030 General Plan (2030 Plan), as adopted on Marcli.lg,2013, provides, in part, direction on the Town's development review process and its long-range planning activities, with the goals, policies, and implementation measures contained in the 2030 Plan guiding the decision-making related to those functions; and WHEREAS, as required by State law, all elements of the 2030 Plan must be internally consistent, with goals, policies, and implementation measures structured to not conflict irreconcilably with one another; and WHEREAS, future development within the Town must conform to the 2030 Plan and related development regulations, with each discretionary action on a development proposal required to be accompanied by a finding of general plan conformity and a citation of the relevant policies in the General Plan which are the basis for action; and WHEREAS, General Plan Amendment Study (GPA Study) request LEG17-01. (GPA) would provide for the amendment of the 2030 Plan land use designation for the properties within a 4.87 acre General Plan Study Area (GP Study Area), changing the land use designation from Residential - Single Family - Low Density (1 to 3 units per acre) to Residential - Multiple Family - Low/Medium Density (13 to 20 units per net acre); and WHEREAS, Preliminary Development Plan - Rezoning request LEG17-02 (PUD) would rezone those properties wil"hin l"he GP Study Area that currently carry an M-30; Multifamily Residential District zoning designation, rezoning those properties to a P-1; Planned Unit Development District zoning designatiory being a3.24 acre portion of the 4.87 acre GP Study Area; and WHEREAS, the GP Study Area is the 4.87 acre area in residential use that is bounded on the west by El Dorado Avenue, on the north by West Prospect Avenue, on the east by the Iron Horse Regional Trail, and on the south by the property in commercial use located at the northeast corner of the intersection of El Dorado Avenue and Sonora Avenue (i.e., the one non-residential property with frontage along the east side of El Dorado Avenue); and WHEREAS, LEGT7-02 (PUD) would establish design objectives and development standards for subsequent Final Development Plan requests, allowing the remaining planning entitlements needed to be processed for properties with remaining development potential to be reviewed through a non-legislative planning entitlement (i.e., there would be no additional rezoning action required after the current P-1 District zoning designation is placed on the properties - unless an applicant elected to submit a project specific Preliminary Development Plan - Rezoning request to seek deviation from the development standards contained in this approval); and WHEREAS,LEG1T-01 (GPA) would serve to revert the land use designation in the GP Study Area to a designation consistent with the designation in place from the Town's incorporation up to the Town's approval of the Danville 2005 General Plaru essentially undoing an unintended mapping error that occur with the final preparation and release of the Danville 20L0 General Plan (with this error having been carried forward into the adopted Danville 2030 General Plan); and WHEREAS, the rezoning action provided through approval of LEG17-02 (PUD) allows rectification of the general plan-zoning inconsistency that has been in place since the Town's incorporation bringing the zoning designation of all properties within the GP Study Area into compliance with the land use designation for the area; and WHEREAS, aP-1.; Planned Unit Development zoningdistrict may be used to classify and irnplement any land use designation where the uses authorized in the P-1; Planned Unit District are found to be consistent with pertinent General Plan land use designation and with applicable goals and policies of the General Plan; and WHEREAS, the Environmental Impact Report prepared for the 2030 Plan (the General Plan EIR) was a Program EIR which evaluated the general impacts arising from the adoption and implementation of the 2030 Plan, rather than site-specific or development proposal-specific impacts, as provided for by CEQA Guidelines Section 15168(a); and WHEREAS, the General Plan EIR's evaluation of the general impacts arising from the adoption of the 2030 Plan provides sufficient and adequate environmental review for the potential environmental impacts that can be reasonably anticipated to arise as a result of the approval of LEG17-01 (GPA) and LEG17-02 (PUD), while development-specific impacts will be assessed upon submittal of subsequent individual Final Development Plan requests to develop any property with development potential in the GP Study Area; and WHEREAS, to assure that a desirable and appropriately integrated development plan is secured for any future development that may occur in the GP Study Area, it is appropriate to establish design objectives and development standards through the approval of LEGI7-02 (PUD), including, but not limited to establishing supplemental PAGE 2 OF RESOLUTION NO. 2017-15 submittal requirements for any subsequently filed Final Development Plan request proposing multifamily use of any of the rezoned properties; and WHEREAS, the Planning Commission did review the project at noticed public hearings on December12¡2017 andJanuary 23,2018; and WHEREAS, the public notice of this action was as required by law; and WHEREAS, a staff r.eport was submitted recommending that the Planning Commission recoÍunend the Danville Town Council approve General Plan Amendment Study request LEG17-01 (GPA) and Preliminary Development Plan - Rezoning request LEG17- 02 (PUD); and WHEREAS, the Planning Commission did hear and consider all reports, recoîunendations, and testimony submitted in writing and presented at the hearing; now therefore, be it RESOLVED that the Planning Commission of the Town of Danville recommends that the Town Council approve General Plan Amendment Study request LEG17-01 (GPA) and Preliminary Development Plan - Rezoning request LEGI7-02 (PUD), per the conditions hereiry and makes the following findings in support of this action: SECTION 2.FINDINGS OF APPROVAL - LEG17-07 (zT^l and LEG1T-O2 (PUD) 1.LEG17-02 (PUD) establishes design objectives and development standards for future multifamily development on all the properties in the GP Study Area being rezoned through this action to the P-1 District designation. The level of detail for the design objectives and development standards is sufficient to make the P-1 rezoning action a permanent actiorç i.e., the P-1 rezoning action will not expire if not followed closely in time by the submittal and approval of a Final Development Plan request or requests that will provide for the final planning entitlement necessary to allow development of the sites rezoned by this action that have current remaining development potential. The proposed amendment to the Land Use Map of the Danville 2030 General Plan provided with the approval oÍ LEG17-01 (GPA) will serve to revert the land use designation of the GP Study Area to a designation consistent with the designation in place at the time of the Town's approval of the Danville 2005 General Plan, essentially undoing an unintended mapping error that occur with the final preparation and release of the Danville 2010 General.Plan (with this error having been carried forward into the adopted Danville 2030 General Plan). 2. PAGE 3 OF RESOLUTION NO. 2017-L5 J LEG17-01 (ZTA) and LEG17-02 (PUD) are consistent with the Danville 2030 General Plaru with note taken in particular of the following policies from the 2030 Plan and the Danville 2007-2014 Housing Element, a component element of the 2030 Plan: Policy 1.03 - Recognize the need for suitably located housing, civic facilities, and services for all age groups within the community. Policy 1.04 - Generally guide higher density residential development to locations within convenient walking distance of shopping centers, and public transportation. Policy 1.05 - Retain the limited areas planned for multifamily residential development and discourage General Plan amendments and rezonings of such areas to office or other uses. Areas zoned for multifamily residential use should not be developed with single family detached homes. Policy 2.01, - Achieve a high standard of residential design through project review and approval for all new residential developments. Goal5 Housing - Protect the quality of Danville's residential neighborhoods while providing opportunities for new housing that meets community needs. Policy 33.01 - Make land use and transportation decisions which promote walking and bicycling, and help to sustain public transportation. Policy 33.02- Encourage reductions in the number of residents commuting in and out of Danville by car. This can be achieved in part by providing a better balance between jobs and housing, and providing housing which is responsive to the types of jobs that exist in Danville. h.Housing Element Implementation Measure 1.8.1 - Consistent with Policies 1..03,'1..04, L.05, and 3.08 of the Danville 2030 General Plan initiate a zoning text amendment by the end of 2017 to create a zoning overlay district for smaller, underutilized multifamily residential parcels to facilitate their redevelopment with ne\ /, or denser, multifamily residential uses. a. b c d. e f. ot' The propósed amendment to the Danville 2030 General Plan will lead to the development of residential projects of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. 4. PAGE 4 OF RESOLUTION NO. 2017-15 5.The development of a harmonious, integrated projects will be assured through the observance of the development standards and requirements established for the properties in the GP Study Area by this P-L zoning action, while reasonable and appropriate development flexibility will be provided for the subsequently filed Final Development Plan applications. SECTION 3. ZONING MAP AMENDED The 4.27 acre GP Study Area for LEG17-01 includes Assessor Parcel Numbers 208-031- 001 thru -024; 208-041-003 thru -0L4; and 208-420-001 thru -018. T}ire 3.24 acre area rezoned from M-30; Multifamily Residential District to P-1"; Planned Unit Development District includes Assessor Parcel Numbers 208-031-001; -003; -004; -005; -009; and -0L0 and 208-041-003; -004; and -005, and 208-420-00L thru -018, being the properties in the GP Study Area not previously rezoned to project specific P-L; Planned Unit Development Districts. This action is based upon approval of LEG17-01 (GPA) and the findings and conditions of approval contained within this resolution. sEcTroN 4. coNDrTroNS oF APPROVAL -LEG17-02 (PUD) A. DESIGN OBIECTIVES To assure design and aesthetic quality for future residential projects developed in the GP Study Area are secured, the following design objectives shall be addressed through the submittal material supplied for subsequent Final Development Plan requests: Building bulk, height, land coverage, visual appearance from adjacent land, and design compatibility with existing adjoining development and land which will remairu shall be considered and controlled. Developments shall reflect a design that integrates individual buildings and building groups with the surrounding development and other physical features in the area. The design of structures shall provide for harmonious composition of mass, scale, color, and textures, with special emphasis on the transition from one building type to another, termination of groups of structures, relationships to streets, exploitation of views, and integration of spaces and building forms with the topography of the site and the character of the area. Provisions shall be made for an efficient direct and convenient system of pedestrian circulation, together with landscaping and appropriate treatment of any public areas or shared lobbies. 1 2. 3. 4. PAGE 5 OF RESOLUTION NO. 20L7.15 5 Off-street parking and loading areas/ if allowed, shall be integrated into the overall vehicular circulation system. B. DEVELOPMENT STANDARDS To achieve the required design and aesthetic quality and to assure the project is appropriately integrated in the surrounding development, application packages made for Final Development Plan requests for proposed multifamily use of the properties in the GP Study Area with remaining development potential shall reflect the following development standards and shall include the below-cited supplemental application materials: Allowed uses within this P-1 District shall be limited to those set forth in Section 32-24.3 Alloroed Uses oÍ the Danville Municipal Code for M-District properties Uses requiring a special use pcrmit within this P-1 District shall bc as sct forth in Section 32-24.4 Conditionøl Uses; Uses Requiring a Land Use Permit and/or Deaelopment Pløn Permit of the Danville Municipal Code for M- District properties. Operation of short term rentals within this P-1 District is prohibited. The maximum allowable residential development density in this P-1 District shall be twenty dwelling units per acre. The minimum allowable residential density in this P-1 District shall be thirteen dwelling units per acre. Consistent with the standard set forth in the M-20; Multifamily Residential District, the maximum allowable gross floor area ratio (FAR) in this P-1 District shall be 80.0 percent, or as may be established by a project specific P-1 District request. The maximum allowable net FAR (being FAR calculated upon developed conditioned space) for developments established in this P-1 District shall be 52.5 percent, or as may be established by a project specific P-1 District request. The maximum height of any multifamily structure or single family structure constructed within this P-1 District shall be two and one-half stories or thirty-five feet whichever is less. 1 2 J. 4. 5. 6. 7 8 PAGE 6 OF RESOLUTION NO.2017-15 9 The minimum building setback requirements shall be as established through approval of property-specific Final Development Plan requests. 10 Building facades and setbacks shall be incorporated in project design, to provide articulation of building massing, as necessary to respect and complement the design character of existing surrounding development. 11 Development shall incorporate porches, stoops, courtyards, and other similar design features to facilitate the creation of a pedestrian-friendly scale and project environs. A minimum of two and one half parking spaces per residential unit shall be supplied for new residential projects in this P-1 District. Development standards for accessory structures constructed within the P- L District shall be as set forth in Section 32-24.8 Accessory Structures of the Danville Municipal Code for M-District properties, or as may be established by a project specific Final Development Plan request. No development may occur within this P-1 District until a Final Development Plan application has been submitted to, and approved by, the Town. SUPPLEMENTAL SUBMITTAL REQUIREMENTS FOR APPLICATION FOR FINAL DEVELOPMENT PLANS Application materials to be supplied at the time of submittal of an applicatiori*for any Final Development Plan submitted for property within the GP Study Area, shall, in addition to the submittal requirements sét forth in subsection 32-63.5(c) Rezoning - Rezoning and Deaelopment Plan Applicøtion and subsection 32-63.6(a) Finøl Deaelopment Plan - Requirements of the Danville Municipal Code, detail the following: The location, number and dimensional layout of any tandem parking spaces, motorcycle parking spaces, or bicycle parking spaces proposed for the project. The minimum and average sized of individual private open space areas (i.e., open or covered private patios and private balconies) proposed for the project. The location, minimum size, and average size of private storage spaces proposed for the project. 12. 13. C. 1 2. 3 PAGE 7 OF RESOLUTION NO. 2017-15 4 5 The proposed means to screen proposed above-ground transformers, meters, and other utilities. The locatiorç design and construction materials proposed for project fencing and retaining walls. The percent coverage of land by buildings and structures. The location and design of onsite project lighting. To assure the application submittal material provided for any Final Development Plan submitted for property within the GP Study Area, Final Development Plan applications shall address other reasonably anticipated development issues. Final Development Plan submittals shall be accompanied by the following special studies: a.As part of the application submittal material provided for the Final Development Plan for the property, to assure the project complies with the intent and requirement of Policy 21.06 of the 2030 PlarU the developer shall be responsible for the preparation of a tree report prepared by a certified arborist. As part of the application submittal material provided for the Final Development Plan for the property, to assure the project complies with the intent and requirement of Policy 22.02 of the 2030 Plan, the developer shall be responsible for the preparation of a Stormwater Control Plan detailing how the project will comply with the requirements of the Regional Water Quality Control Board (RWQCB) for the San Francisco Bay Region. As part of the application submittal material provided for any Final Development Plan submitted for property in the GP Study Area, to assure the project complies with the intent and requirement of Policy 24.03 of the 2030 Plan, the developer shall be responsible for the preparation of a soils and geologic report. d.As part of the application submittal material provided for any Final Development Plan submitted for property within the GP Study Area, to assure the project complies with the intent and requi¡ement of Policies 27.02,27.1-1., and27.13 of the 2030 Plaru the developer shall be responsible for the preparation of an environmental noise study in support of the site planning and design efforts for any proposed multifamily development. 6 7 I b c PAGE 8 OF RESOLUTION NO. 2OL7-15 e.As part of the application submittal material provided for any Final Development Plan submitted for property within the GP Study Area, to assure the project complies with the intent and requirement of Policy 28.02 of the 2030 Plaru the developer shall be responsible for the preparation and submittal of a Phase I Environmental Site Assessment (ESA). APPROVED by the Danville Planning Commission at a regular meeting on ]anuary 23, 2018, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: City Attorney Combs, Graham, Haberl, Havlik, Heusler, Radich Verriere Bowles Chairman PAGE 9 OF RESOLUTION NO.2017-15 None