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HomeMy WebLinkAbout021-2018RESOLUTION NO. 21-2018 APPROVING GENERAL PLAN AMENDMENT REQUEST LEG17-01 (GPA) AND PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST LEG17-02 (PUD) SUBJECT TO THE FINDINGS AND CONDITIONS OF APPROVAL (APNs: 208-031-001 thru -024; 208-041-003 thru -014, and 208-420-001 thru -018) (Various Property Owners) SECTION 1. LEGISLATIVE INTENT WHEREAS, the Danville 2030 General Plan (2030 Plan), as adopted on March 19, 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, the General Plan Study Area (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, General Plan Amendment request LEG17-01 (GPA) would provide for the amendment of the 2030 Plan land use designation for the properties within the 4.87 acre 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, LEG17-01 (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 2010 General Plan (2010 Plan), essentially undoing an unintended mapping error that occurred with the final preparation and release of the 2010 Plan (with this error was carried forward into the adopted 2030 Plan); and WHEREAS, Preliminary Development Plan - Rezoning request LEG17-02 (PUD) would rezone a 3.24 acre portion of the GP Study Area that currently carry a M-30 Multiple Family Residential District zoning designation to a P-1 Planned Unit Development District zoning designation; and WHEREAS, LEG17-02 (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; Planned Unit Development District zoning designation is placed on the properties - unless an applicant elected to submit a project proposal that deviates from the development standards contained in this approval); and WHEREAS, the rezoning action provided through approval of LEG17-02 (PUD) allows rectification of the General Plan and 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, a P-1 Planned Unit Development zoning district may be used to classify and implement any land use designation where the uses authorized in the P-1 Planned Unit District (P-1 District) are found to be consistent with pertinent General Plan land use designation and with applicable goals and policies of the 2030 Plan; and WHEREAS, the Town Council finds that LEG17-01 (GPA) and LEG17-02 (PUD) are categorically exempt from CEQA under CEQA Guideline Section 15061(b)(3) given that both the EIR certified for the 2030 Plan and the environmental work for the Danville 2014- 2022 Housing Element assumed additional development within the GPA Study area would be consistent with a Residential Multiple Family Low/ Medium Density (13 to 20 units per net acre) land use designation; and WHEREAS, any potential environmental impacts have already been studied and analyzed in those documents; and WHEREAS, design objectives, development standards and supplemental submittal requirements are established for LEG17-02 (PUD) to assure that any future development within the GP Study Area is appropriately designed and scaled for within the neighborhood's context; and WHEREAS, the Planning Commission did review LEG17-01 (GPA) and LEG17-02 (PUD) at noticed public hearings on December 12, 2017 and January 23, 2018; and PAGE 2 OF RESOLUTION NO. 21-2018 WHEREAS, staff reports were submitted for both hearings recommending that the Planning Commission approve Resolution No. 2017-15 to recommend the Town Council approve General Plan Amendment request LEG17-01 (GPA) and Preliminary Development Plan - Rezoning request LEG17-02 (PUD); and WHEREAS, the Planning Commission did approve Resolution No. 2017-15 at their hearing of January 23, 2018; and WHEREAS, the Town Council held a public hearing to consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; and WHEREAS, public notice of the actions, by both those taken by the Planning Commission and those taken by the Town Council, was given in all respects as required by law; now, therefore, be it RESOLVED that the Danville Town Council approves General Plan Amendment request LEG17-01 (GPA) and approves Preliminary Development Plan - Rezoning request LEG17-02 (PUD), per the conditions herein, and makes the following findings in support of these actions: SECTION 2. FINDINGS OF APPROVAL - LEG17-01 (GPA) and LEG17-02 (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 District rezoning action a permanent action, i.e., the P-1 District 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. 2. The proposed amendment to the Land Use Map of the 2030 Plan provided with the approval of 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 2010 Plan (with this error having been carried forward into the adopted 2030 Plan). 3. LEG17-01 (GPA) and LEG17-02 (PUD) are consistent with the 2030 Plan, 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: PAGE 3 OF RESOLUTION NO. 21-2018 a. Policy 1.03 - Recognize the need for suitably located housing, civic facilities, and services for all age groups within the community. b. Policy 1.04 - Generally guide higher density residential development to locations within convenient walking distance of shopping centers, and public transportation. C. 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. d. Policy 2.01 - Achieve a high standard of residential design through project review and approval for all new residential developments. e. Goal 5 Housing - Protect the quality of Danville's residential neighborhoods while providing opportunities for new housing that meets community needs. f. Policy 33.01 - Make land use and transportation decisions which promote walking and bicycling, and help to sustain public transportation. g. 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, 1.05, and 3.08 of the 2030 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 new, or denser, multifamily residential uses. 4. The proposed amendment to the 2030 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. 5. The development of 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-1 zoning action, while reasonable and appropriate development flexibility will be provided for the subsequently filed Final Development Plan applications. PAGE 4 OF RESOLUTION NO. 21-2018 SECTION 3. ZONING MAP AMENDED The 4.27 acre GP Study Area for LEG17-01 (GPA) includes Assessor Parcel Numbers 208- 031-001 thru -024; 208-041-003 thru -014; and 208-420-001 thru -018. The 3.24 acre area rezoned by LEG17-02 (PUD) 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 -010 and 208-041-003; -004; and -005, and 208-420-001 thru -018, being the properties in the GP Study Area not previously rezoned to project specific P-1; 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. SECTION 4. CONDITIONS OF APPROVAL - LEG17-02 (PUD) A. DESIGN OBJECTIVES 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: 1. Building bulk, height, land coverage, visual appearance from adjacent land, and design compatibility with existing adjoining development and land which will remain, shall be considered and controlled. 2. Developments shall reflect a design that integrates individual buildings and building groups with the surrounding development and other physical features in the area. 3. 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. 4. 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. 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 PAGE 5 OF RESOLUTION NO. 21-2018 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: 1. Allowed uses within this P-1 Planned Unit Development District (P-1 District) shall be limited to those set forth in Section 32-24.3 Alloit7ed Uses of the Danville Municipal Code for M -District properties. 2. Uses requiring a special use permit within this P-1 District shall be as set forth in Section 32-24.4 Conditional Uses, Uses Requiring a Land Use Permit and/or Development Plan Permit of the Danville Municipal Code for M - District properties. 3. Operation of short term rentals within this P-1 District is prohibited. 4. The maximum allowable residential development density in this P-1 District shall be twenty dwelling units per acre. 5. The minimum allowable residential density in this P-1 District shall be thirteen dwelling units per acre. 6. 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 not exceed 80.0 percent, or as may be established by a project specific P-1 District request. 7. The maximum allowable net FAR (calculated based on conditioned space) for developments established in this P-1 District shall not exceed 52.5 percent, or as may be established by a project specific P-1 District request. 8. 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. 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. PAGE 6 OF RESOLUTION NO. 21-2018 11. Development shall incorporate porches, stoops, courtyards, and other similar design features to facilitate the creation of a pedestrian -friendly scale and project environs. 12. A minimum of two and one-half parking spaces per residential unit shall be supplied for new residential projects in this P-1 District. 13. Development standards for accessory structures constructed within the P- 1 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. 14. No development may occur within this P-1 District until a Final Development Plan application has been submitted to, and approved by, the Town. 15. Regardless of the gross site area involved for any proposed future development in this P-1 District, no individual building constructed may exceed either the gross or net square footage permitted on any individual 15,000 square foot lot as permitted by Conditions of Approval 13.6 and B.7 above. C. SUPPLEMENTAL SUBMITTAL REQUIREMENTS FOR APPLICATION FOR FINAL DEVELOPMENT PLANS Application materials to be supplied at the time of submittal of an application for any Final Development Plan submitted for property within the GP Study Area, shall, in addition to the submittal requirements set forth in subsection 32-63.5(c) Rezoning - Rezoning and Development Plan Application and subsection 32-63.6(a) Final Development Plan - Requirements of the Danville Municipal Code, detail the following: 1. The location, number and dimensional layout of any tandem parking spaces, motorcycle parking spaces, or bicycle parking spaces proposed for the project. 2. 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. 3. The location, minimum size, and average size of private storage spaces proposed for the project. PAGE 7 OF RESOLUTION NO. 21-2018 4. The proposed means to screen proposed above -ground transformers, meters, and other utilities. 5. The location, design and construction materials proposed for project fencing and retaining walls. 6. The percent coverage of land by buildings and structures. 7. The location and design of onsite project lighting. 8. 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 Plan, the developer shall be responsible for the preparation of a tree report prepared by a certified arborist. b. 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. C. 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 requirement of Policies 27.02, 27.11, and 27.13 of the 2030 Plan, 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. PAGE 8 OF RESOLUTION NO. 21-2018 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 Plan, the developer shall be responsible for the preparation and submittal of a Phase I Environmental Site Assessment (ESA). APPROVED by the Danville Town Council at a regular meeting on February 20, 2018, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Morgan, Stepper, Storer None None Blackwell A OVED AS TO FOB44: CITY ATTORNEY PAGE 9 OF RESOLUTION NO. 21-2018