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REQUEST FOR ADOPTION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND APPROVAL OF DESIGN REVIEW AND REZONE FROM RESIDENTIAL, MEDIUM-DENSITY (RM) TO RESIDENTIAL, LOW-DENSITY (RL) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF THE CALAVERAS RIVER BETWEEN THE UNION PACIFIC RAILROAD TRACKS AND ALVARADO AVENUE (P17-0356)
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a Resolution for an Initial Study/Proposed Mitigated Negative Declaration for the Calaveras Estates IV Residential Subdivision Project and approve Design Review for the construction of single-family residences.
It is also recommended that the City Council adopt an Ordinance for the Rezoning of an 8.2-acre site from RM (Residential, Medium-Density) to RL (Residential, Low-Density).
Approval of the noted applications will allow the construction of forty (40) single-family residences on the south side of the Calaveras River between Alvarado Avenue and the Union Pacific Railroad Tracks, in accordance with the findings of fact detailed herein.
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Summary
The applicant, Florsheim Homes, on behalf of Diane Rose Machado, the property owner, is proposing to develop 8.2 acres of land at the above-noted location. The project will involve requests for City approval of a Tentative Map creating forty (40) lots for single-family residential use and two non-residential lots (Lots A and B), Rezoning of the site, Design Review and an Initial Study/Proposed Mitigated Negative Declaration for the Calaveras Estates IV Residential Subdivision Project.
Lot A will be dedicated to the San Joaquin County Flood Control and Water Conservation District for flood protection and maintenance. Lot B will be dedicated to the City as open space and public utility easement. All residential lots will be a minimum of 5,000 square feet in size, with a proposed density of approximately 6.7 units per net acre.
The project site is General Plan designated as Low-Density Residential and is zoned RM. The applicant filed a Rezoning application to rezone the subject site from RM to RL. The rezoning request, if approved, will be consistent with the General Plan designation and meet the density requirement of the RL zone of up to 8.7 units per net acre.
On February 22, 2018, the Planning Commission passed a Resolution approving the Tentative Map to subdivide an 8.2-acre site into forty-two (42) lots and forwarded a recommendation to the City Council for the adoption of an Initial Study/Proposed Mitigated Negative Declaration and adoption of an Ordinance approving a Rezone from RM to RL. The Commission’s approval of the noted Tentative Map, which was subject to the approval of the accompanying project applications, is final unless appealed. As no appeal was filed within the time allotted under the Code, that decision is final.
It is recommended that the City Council adopt the Initial Study with Proposed Mitigated Negative Declaration, and approve Design Review, and Rezoning, in accordance with the recommended findings in the Resolution and Ordinance.
DISCUSSION
Background
The 8.2-acre site was annexed into the City in July of 2005 as a part of an overall 52-acre project (the Calaveras Estates 3). The subject site is General Plan designated as Low-Density Residential and is zoned RM. Because of the prolonged economic downturn, the site has not been developed. The applicant is proposing to purchase the property and develop a single-family residential project. The subject site is bounded to the:
• north by the Calaveras River;
• east across the Union Pacific Railroad tracks by various industrial uses zoned IL (Industrial, Limited);
• south by existing single-family homes and vacant residential lots zoned RL; and
• west across Alvarado Avenue by existing single-family homes and single-family residences under construction zoned RL (Attachment A - Location Map and Aerial Photograph).
Present Situation
To develop the residential project on the subject site, the City Council is asked to consider adopting the Initial Study/Proposed Mitigated Negative Declaration, and approve Design Review and Rezoning as detailed below.
Rezoning
The 8.2-acre site is currently designated as Low-Density Residential on the General Plan map and is zoned RM. The proposed residential development will create 40 residential lots with a density of approximately 6.7 units per net acre. Because the site’s zoning is inconsistent with the General Plan designation, the applicant filed a Rezoning application. The request to Rezone from RM to RL, if approved, will be consistent with the General Plan designation and comply with the residential density of the RL zone. Further, the RL zone is a logical extension of the existing RL zoning to the south and west of the site (Attachment B - Rezoning Map).
Design Review
In accordance with SMC 120.050.D.b, for a project that requires a discretionary approval of a development application, the applicant shall submit design review plans for the project at the same time as the discretionary application is submitted. The design review plans shall be considered and approved with the discretionary application by the Review Authority.
On April 18, 2018, the City’s Architectural Review Committee (ARC) reviewed proposed elevations, renderings, and materials for the single-family residences and found them to be substantially in compliance with applicable provisions of the City’s Design Review Guidelines. Following the ARC’s review of the plans, the Director listed the ARC’s supporting findings in the Resolution and included a recommendation to the Review Authority for final approval.
Public Comments
On November 1, 2017, the applicant held a community outreach meeting for residents of the surrounding neighborhood to discuss the subject development. Notice for the meeting was provided to all property owners within 300 feet of the project site, which was held in Classroom 9 of Wilson Elementary School at 150 East Mendocino Avenue. The applicant, the project engineer, and environmental consultant, and staff attended the meeting; however, no one from the neighborhood attended the meeting (Attachment C - Community Outreach Meeting Information).
Planning Commission Review
On February 22, 2018, a public hearing was held before the Planning Commission. The applicant’s attorney spoke in support of the project. The project’s environmental consultant responded to the Union Pacific Railroad’s comments related increased traffic impact, trespassing, noise and vibration Impact and drainage issues. He stated that traffic volumes generated by the development did not contribute any significant traffic impact on any nearby at-grade crossings. A proposed 15-foot high masonry sound wall would be installed along the eastern boundary of the subdivision and reduce the noise and vibration impact from the railroad. This wall would prevent pedestrians from trespassing the railroad right-of-way. Further, the stormwater would be directly drained into the city storm drainage system and away from the railroad property. There were no other public comments received during the hearing.
Following the public testimony, the Planning Commission voted 6-0 (Commissioner Hull, absent) to adopt a Resolution approving the Tentative Map and forwarded a recommendation to the City Council to adopt the Initial Study/Proposed Mitigated Negative Declaration for the Calaveras Estates IV Residential Project and adopt an Ordinance for the Rezoning from RM to RL (Attachment D - Planning Commission Resolution).
Environmental Clearance
The City determined that the project involves the potential for significant, adverse environmental effects, but that these effects could be reduced to a less-than-significant level with recommended mitigation measures. As a result, a public draft Initial Study/Proposed Mitigated Negative Declaration has been prepared for the project, in accordance with State CEQA Guidelines.
A “Notice of Intent” to adopt the public draft Initial Study/Proposed Mitigated Negative Declaration was circulated for public review and comment between October 13, 2017, and November 13, 2017. It was filed with the San Joaquin County Clerk’s Office and the Governor’s Office of Planning and Research State Clearinghouse. All the comments that were received during the public review have been responded to in the Final Initial Study/Mitigated Negative Declaration.
Pursuant to Section 15070 of the State CEQA Guidelines, the Initial Study with Proposed Mitigated Negative Declaration must be adopted by the decision-making body of the lead agency prior to approval of all discretionary applications for the residential development project. In addition, the “Mitigation Monitoring and Reporting Program” for the project must be adopted to ensure that adequate mitigation measures are implemented as part of the project. The environmental documents, including the public draft Initial Study with Proposed Mitigated Negative Declaration, and the Final Initial Study/Mitigation Negative Declaration with a Mitigation Monitoring Reporting Program for the project have been attached to the Resolution for the City Council’s review and adoption.
FINANCIAL SUMMARY
There is no adverse impact to the General Fund with this action for the following reasons:
• Required infrastructure and public facilities will be provided for the project, per the Conditions of Approval of the Tentative Map.
• Upon approval of the project, the entire residential subdivision, as conditioned, will annex into Zone D-4 Calaveras Estates of the Stockton Consolidated Landscape Maintenance Assessment District to ensure the costs of maintaining the required landscaping and sound-wall is funded.
• Per Council direction, a policy to establish a citywide services and maintenance Community Facility District (CFD) is being developed. The developer was advised of the potential establishment of a citywide CFD. The developer agreed to comply with all requirements of the new CFD, should it be established, to ensure necessary services. The proposed conditions are listed below:
Conditions of Approval
Concurrent with the recordation of the Final Map, the owners, developers, and/or successors-in-interest (ODS) shall do one of the following, subject to the approval of the Chief Financial Officer:
• Master Services and Maintenance Communities Facilities District (CFD). The ODS shall enter into an agreement with the City, which shall be recorded against the property, that stipulates that the ODS will annex into and otherwise comply with all requirements of the new citywide Master Services and Maintenance, once formed, or establish another lawful funding mechanism, other than direct funding, acceptable to the City for funding the on-going operational costs of providing Police services, Fire services, Public Works services, and other City services to serve the Project area. Upon successful formation, the parcels will be subject to the maximum special tax rates as outlined in the Rate and Method of Apportionment; or
• Direct funding. The ODS shall enter into an agreement with the City, which shall be recorded against the property, which stipulates that the ODS will fund a fiscal impact study to be conducted and approved by the City to determine the long term on-going operational costs of providing Police services, Fire services, Public Works services and other City services to serve the Project area, and deposit with the City an amount necessary, as reasonably determined by the City, to fund the full costs in perpetuity as identified by the approved study.
Attachment A - Location Map and Aerial Photograph
Attachment B - Rezoning Map
Attachment C - Community Outreach Meeting Information
Attachment D - Planning Commission Resolution