Report Prepared by: Julie Nelson, Senior Planner, Development Services Department, Planning Division
Title
SUBJECT: Public Hearing to Consider a Resolution Approving General Plan Amendment #20-01 and Environmental Review #20-32 (Mitigated Negative Declaration), and the Introduction of an Ordinance to Approve Site Utilization Plan Revision #23 to Planned Development (P-D) #16, and Environmental #20-32 (Mitigated Negative Declaration) for Approximately 6.3 Acres Located on the South Side of Devonwood Drive Between Loughborough Drive and Austin Avenue; and Consider Approval of a Legislative Action Agreement for the Project
REPORT IN BRIEF
Request for City Council approval to change the General Plan Land Use Designation from Low-Medium Density (LMD) Residential to High Density (HD) Residential and change the Site Utilization Plan designations from “single-family” to “multi-family” for approximately 6.3 acres generally located on the south side of Devonwood Drive between Loughborough Drive and Austin Avenue, including the adoption of a Mitigated Negative Declaration and approval of a Legislative Action Agreement.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2021-77, A Resolution of the City Council of the City of Merced, California, approving a Mitigated Negative Declaration (Environmental Review #20-32) for General Plan Amendment #20-01 and Site Utilization Plan Revision #23 to Planned Development (P-D) #16 for approximately 6.3 acres of land generally located on the south side of Devonwood Drive between Loughborough Drive and Austin Avenue and approving General Plan Amendment #20-01 for the same property changing the General Plan Designation from Low-Medium Density (LMD) Residential to High Density (HD) Residential; and,
B. Introducing Ordinance 2531, an Ordinance of the City Council of the City of Merced, California, approving Site Utilization Plan Revision #23 to Planned Development (P-D) #16 changing the land use designation from “Single-Family Residential” to “Multi-Family Residential” for approximately 6.3 acres of land generally located on the south side of Devonwood Drive between Loughborough Drive and Austin Avenue; and,
C. Approving the Legislative Action Agreement and authorizing the City Manager or Deputy City Manager to execute the necessary documents.
Body
ALTERNATIVES
1. Approve, as recommended by the Planning Commission and staff; or,
2. Approve subject to modifications as conditioned by City Council; or,
3. Deny; or,
4. Refer back to staff for reconsideration of specific items (to be addressed in the
motion); or,
5. Continue to a future meeting (date and time to be specified in the motion).
AUTHORITY
Title 19 of the Merced Municipal Code outlines environmental review procedures and California Government Code Section 65358(a) grants authority to amend all or part of an adopted General Plan. Merced Municipal Code Section 20.42.080 grants the City Council authority to approve revisions to a Planned Development.
CITY COUNCIL PRIORITIES
Infill Development is listed as a part of FY 2020-21 Council Goals and Priorities as part of Element 5, Future Planning.
DISCUSSION
Project Description
The project site is located on the south side of Devonwood Drive, between Loughborough Drive and Austin Avenue (Attachment 1). The site is currently part of the Devonwood Village Subdivision (formerly the Highland Park Subdivision) and consists of 63 single-family lots, open space area, and private streets. There is also a bike path that runs through an easement on the southwest portion of the property.
The proposed project would construct 156 multi-family units within five three-story buildings as shown on the Site Plan at Attachment 2. The project is a gated apartment complex with the main entrance on Devonwood Drive near the center of the complex. A secondary access is located at the western end of the complex and an emergency access point is located off of Bannon Lane.
There would be two different building types: Building A - three-stories with 36 units (12 units/floor) and Building B - three-stories with 24 units (8 units/floor) (refer to the Elevations at Attachment 3). The buildings would contain a mixture of 1-, 2-, and 3-bedroom units. The following table provides the details for each unit type. The floor plans are provided at Attachment 4.
|
Unit |
Bed/Bath |
Net Living Area |
Balcony with WH Closet |
Total Sq. Ft. |
Total Units |
|
A1 |
1 bed/1 bath |
582 |
55 |
626 |
69 |
|
B1 |
2 bed/2 bath |
870 |
53 |
928 |
48 |
|
C1 |
3 bed/2 bath |
1090 |
56 |
1156 |
39 |
|
|
156 |
The table below provides the number of each unit type within each building type.
|
Building |
A1 |
B1 |
C1 |
Total Units/Building |
No. of Buildings |
|
A |
15 |
12 |
9 |
36 |
3 |
|
B |
12 |
6 |
6 |
24 |
2 |
The three-story buildings would be 37’ 4” tall. The buildings would have a modern design with a mixture of exterior finishes including stucco, siding, glass, and metal finishes. Balconies would be provided on the upper floor levels for the residential tenants. First floor tenants would have a small patio area. The elevations incorporate architectural features to enhance the building character and appearance. Three exterior stair wells on Building Type A (36-units) provide access to the second and third floors. Building Type B would have two exterior stair wells for access to the upper floors.
Site Design
The project is a gated apartment complex with the main entrance on Devonwood Drive near the center of the complex (refer to the Site Plan at Attachment 2). A decorative entrance with gates would be the focal point of the entrance. The fence surrounding the site would be constructed of tubular steel material (similar to wrought iron).
The site includes open space between the buildings, two small play areas, a swimming pool, and a dog park. These elements are shown on the Site Plan at Attachment 2 and the Landscape Plan at Attachment 5.
The clubhouse/office building is located outside the gated area. There would be approximately 6 parking spaces to serve the office also outside of the gated area. A secondary access is located at the western end of the complex and an emergency access point is located off of Bannon Lane. Conditions #14 and #15 of Planning Commission Resolution #4059 (Attachment 8) address requirements for gated access, including providing enough stacking room for at least two vehicles beyond the public street.
Pedestrian access will be provided from two locations on Devonwood Drive. Pedestrian pathways are provided throughout the site to provide safe routes throughout the site to all pedestrian access gates and all open space and recreation areas. Additionally, two pedestrian gates are located at the rear of the site to provide access to the bike path. Condition #29 of Planning Commission Resolution #4059 requires all walking paths, bicycle and vehicle parking areas sufficiently lighted to ensure a safe environment.
The site is located adjacent to the BNSF railroad track. As part of the mitigation required for the Highland Park subdivision, to address noise impacts from the railroad, an approximately 20-foot-tall sound wall was constructed adjacent to the railroad tracks.
General Plan Compliance and Policies Related to This Application
The proposed project would comply with the General Plan designation of High Density Residential (HD) (24 to 36 units per acre) and the zoning designation of Planned Development (P-D) #16 if the requested General Plan Amendment and Site Utilization Plan Revision are approved.
A list of Land Use Goals and Policies that would be achieved with the implementation of this project are found in Finding A of Exhibit B of Planning Commission Resolution #4059 at Attachment 8.
Zoning Code Compliance
Merced Municipal Code Section 20.20.020 (J) establishes specific findings that must be made in order to approve the establishment of a Planned Development or Site Utilization Plan Revision. These findings are as following:
1. The proposed development is consistent with the goals, policies, and actions of the General Plan and any applicable specific plan and community plan.
The proposed Site Utilization Plan (SUP) Revision would be consistent with the General Plan if General Plan Amendment #20-01 is approved amending the General Plan designation for this site from Low Medium Density (LMD) Residential to High Density (HD) Residential. As shown in Finding A of Planning Commission Resolution #4059 (Attachment 8), the proposed project would accomplish goals and implementing actions of the General Plan.
If the Site Utilization Plan Revision for this site is approved, the site would be compatible with the land use plan for Planned Development (P-D) #16.
2. The site for the proposed development is adequate in size and shape to accommodate proposed land uses.
The project site is approximately 6 acres (gross). The proposed project of 156 apartment units, clubhouse/office, open space, and associated parking can be accommodated on this site. As proposed, the three-story buildings would have a minimum 20-foot setback from Devonwood Drive. The buildings are clustered near the center of the site with parking surrounding the buildings. This design allows a setback of more than 150 feet to the nearest residential unit to the east. Additionally, the buildings would have an approximate 100-foot setback from the western property line and an approximate 73-foot setback from the rear property line. Sufficient parking is provided on the site. Therefore, the site is adequate in size to accommodate the proposed project.
3. The site for the proposed development has adequate access considering the limitations of existing and planned streets and highways.
The site is accessed from Devonwood Drive which is located between Loughborough Drive and Austin Avenue. Both Loughborough Drive and Austin Avenue are signalized at the intersections with Olive Avenue. According to a traffic study done for a different project on this site in 2018, both Loughborough Drive and Austin Avenue intersections were operating at a Level of Service of C or better. The City’s General Plan designates a Level of Service (LOS) of D or better as acceptable. Due to the railroad track along the southern property line, there is no access to the site from the south. Based on this information, the site is considered to have adequate access.
4. Adequate public services exist or will be provided to serve the proposed development.
The site will be served by existing water, sewer, and storm drain lines in Devonwood Drive. No increase in the size of the existing lines would be required. The site will be required to pay for all connection costs and facility fees to off-set any impacts to the existing system. The site would be adequately served by the City’s Police and Fire Departments as well. The project is part of the City-wide Community Facilities District (CFD) which collects special taxes to help cover costs of police and fire services.
5. The proposed development will not have a substantial adverse effect on surrounding property, will be compatible with the existing and planned land use character of the surrounding area, and will enhance the desirability of the area and have a beneficial effect.
It is not anticipated that the proposed project would have a substantial adverse effect on the surrounding property. As previously described, the buildings would be setback approximately 150 feet from the nearest single-family residential property. The project is adjacent to commercial uses to the north and west (the Merced Marketplace Shopping Center to the north and Wal-Mart to the west), therefore, the area is not a typical single-family residential area. The single-family dwellings to the east are a higher density than typical residential subdivisions. The proposed 3-story buildings would not be taller than the commercial buildings to the north and west. The addition of multi-family dwellings to the area is consistent with the apartment complex located east of the site, on the north side of Devonwood Drive. The option of additional multi-family units would provide more housing options in an area that is adjacent to commercial uses and services.
6. The proposed development carries out the intent of the Planned Development zoning district by providing a more efficient use of the land and an excellence of site design greater than that which could be achieved through the application of established zoning standards.
With the approval of Site Utilization Plan Revision #23 to Planned Development (P-D) #16, the project would be consistent with the standards for P-D #16. The site includes high quality materials consistent with the standards for other development within P-D #16. The project provides a High-Density Residential development which will help provide needed housing to the City of Merced. As described in Finding A of Planning Commission Resolution #4059 (Attachment 8), the proposed project would carry out goals and implementing actions defined in the City’s Merced Vision 2030 General Plan. Under the current Site Utilization Plan, the High-Density development would not be allowed. Thus, the proposed change and implementation of standards specific to this development and any future multi-family development on this site, would be a more efficient use of land by providing a greater number of housing units to the community.
7. Each individual unit of the proposed development, in each phase as well as the total development, can exist as an independent unit capable of creating a good environment in the locality and being in any stage as desirable and stable as the total development.
The proposed multi-family project would be able to exist as an independent project and create a good environment. The location is surrounded by development, so this is an infill site. The location is prime for development and for development of a multi-family project due to its location near commercial uses and services.
8. Any deviation from the standard ordinance requirements is warranted by the design and additional amenities incorporated in the development plan, which offer certain unusual redeeming features to compensate for any deviations that may be permitted.
The Site Utilization Plan will establish standards for the site. Additionally, the Merced City Zoning Ordinance sets forth specific Residential Design Standards that apply to all multi-family developments. The project meets the design standards set forth in Zoning Ordinance Section 20.46 - Residential Design Standards.
The building height proposed is taller than currently allowed under the current Site Utilization Plan. The proposed three-story buildings would be approximately 37’4” tall. The current Site Utilization Plan sets the building height for structures at 35’. The proposed changes to the Site Utilization Plan (Finding K of Planning Commission Resolution #4059) would increase the maximum building height to 40 feet which is consistent with R-4 zoning which is the zoning designation that would allow this type of development outside of a Planned Development.
9. The principles incorporated in the proposed development plan indicate certain unique or unusual features, which could not otherwise be achieved under the other zoning districts.
This property currently lies within Planned Development (P-D) #16. The proposed Site Utilization Plan Revision would amend the standards for this parcel to allow a multi-family development rather than a single-family development. Because the site is already established as a Planned Development, changing the zoning to another zoning district would not be the best way to promote development. By amending the Site Utilization Plan within the existing Planned Development, to allow this project with slight variations from the standard zoning requirements, allows the project to move forward in a more streamlined approach and without creating a “spot zone” for another zoning district in the area. Planned Developments were specifically designed to allow such unique designs and the mixture of uses not allowed in other zoning districts.
Traffic/Circulation
The project site is located on the south side of Devonwood Drive between Loughborough Drive and Austin Avenue. All three of these streets are local streets with a 64-foot-wide right-of-way and form a “U” shape with slight curves (see the Location Map at Attachment 2). Primary access to Loughborough Drive and Devonwood Drive is via Olive Avenue (Arterial), with a secondary route from R Street (Arterial), via Olivewood Drive. The proposed project will have a primary access point off of Devonwood Drive near the middle of the development. Two secondary access points are provided on Devonwood Drive as well, one at each end of the apartment complex. An emergency access is provided at the end of Bannon Lane. There is no access to the south of the project as the site abuts a City bicycle trail and railroad tracks. Two bus stops are located on Loughborough Drive west of the project site with departures to various locations every 20 minutes to ½ hour. Because the road serving the project site is a local road, there is no bike lane. However, as mentioned above, there is a bike trail along the southern property line.
Additional information related to the Traffic and Circulation may be found in Finding C of Planning Commission Resolution #4059 at Attachment 8.
Parking
Merced Zoning Ordinance Table 20.38-1 sets forth the parking requirements for a multi-family development based on the number of units, bedrooms, and bathrooms. Based on this table, the project would be required to provide 261 parking spaces. Additionally, the project would be required to provide bicycle parking in compliance with Merced Zoning Ordinance Table 20-38-4 (Condition #18 of Planning Commission Resolution #4059).
As described in Finding C of Planning Commission Resolution #4059, the project site is located within approximately 160 feet of a transit stop. As such, under Merced Municipal Code (MMC) Section 20.38.060 (E), the project is eligible for a 5% reduction in parking. This would reduce the parking requirement by 13 spaces, reducing the parking requirement to 248 parking spaces. The proposed project provides 249 parking spaces. Condition #20 of Planning Commission Resolution #4059 grants the reduction allowed under MMC Section 20.38.060 (E). Of the 249 parking spaces, a maximum of 25% of those spaces may be compact spaces with a minimum width of 8.5 feet and minimum depth of 16 feet as allowed by the proposed development standards in Finding K of Planning Commission Resolution #4059.
Site Utilization Plan Standards
Specific standards are established with a Site Utilization Plan. These standards may be amended through the Site Utilization Plan Revision process. The current standards that apply to this property within P-D #16 were established for the Highland Park subdivision and would not allow the proposed development. Therefore, staff is recommending the following standards be adopted to address the current development. The standards have been written to accommodate the current proposal but are not intended to restrict development on the site to only this particular development. If, for some reason this particular development is not constructed, the standards are broad enough to allow another multi-family development to be constructed. The standards are based primarily on the standards for R-4 zoning but limits the density to a maximum of 26 units/acre rather than the 36 units/acre allowed by the High Density (HD) General Plan designation. The following standards are included as part of the Draft Ordinance at Attachment 10.
|
PLANNED DEVELOPMENT #16 SITE UTILIZATION PLAN REVISION #23 DEVONWOOD APARTMENTS |
|
DESIGN CATEGORY |
DESIGN/DEVELOPMENT STANDARD |
|
Density |
24 to 26 dwelling units/acre for this project |
|
Land Use |
High Density Residential uses including all uses as shown in Table 20.08-1 for property Zoned R-4 |
|
Building Height |
40 ft. |
|
Setback Requirements |
Setback from Devonwood Drive - 20 Ft. Setback from rear property line - 10 ft. for buildings up to 35 ft. in height; 1 additional foot setback for each additional 5 ft. in height. Setback from side property lines - 6 ft. for buildings up to 35 ft. in height; 1 additional foot setback for each additional 5 ft. in height. |
|
Maximum Lot Coverage |
65% |
|
Distance Between Main Buildings |
10 ft. |
|
Building Design & Building Materials |
All building designs and materials shall substantially comply with the elevations provided and approved with Site Utilization Plan Revision #23 for Planned Development (P-D) #16. Modifications may be approved by the Director of Development Services or referred to the Site Plan Review Committee. |
|
Parking |
As required by Section 20.38 of the City of Merced Zoning Ordinance, including bicycle parking. The Project may be eligible for all parking reductions allowed by Section 20.38. Compact Parking spaces are allowed for up to 25 percent of the required spaces, with a minimum width of 8.5 feet and a minimum depth of 16 feet. |
|
Fencing |
All fencing along the front of the project shall be of high-quality materials, such as wrought-iron or tubular steel. Side-yard fencing shall be wood or other material approved by the Director of Development Services. Pedestrian access shall be provided to Devonwood Drive and the Bike Path at the rear of the property. |
|
Private Outdoor Space |
Each ground floor unit shall be provided with a private outdoor usable space of a minimum of 8 feet by 5 feet. Each unit above the ground floor shall be provided with a usable outdoor balcony space of a minimum of 8 feet by 5 feet. Private outdoor space shall be screened with solid or near-solid fencing/railings. Materials shall be compatible with the building materials. |
|
General Design Standards as required by Section 20.46.030 of the City of Merced Zoning Ordinance |
The Project shall comply with these requirements, except as permitted by other design standard approved by Site Utilization Plan Revision #23 to P-D #16. |
|
Specific Design Standards as required by Section 20.46.040 of the City of Merced Zoning Ordinance |
The Project shall comply with these requirements, except as permitted by other design standard approved by Site Utilization Plan Revision #23 to P-D #16. |
Land Use/Density Issues
The proposed multi-family development would have a density of 26 units/acre (gross) and 24.41 units/acre (net). This density is consistent with the High-Density Residential General Plan designation. It should be noted that the proposed Site Utilization Plan Standards for this parcel would limit the overall density for the project site to 24 to 26 units/acre.
Neighborhood Impact/Interface
The project site is surrounded by commercial uses to the north (Merced Marketplace Shopping Center) and to the west (Wal-Mart). Single-family residential homes are located to the east and the bike path and railroad tracks are to the south. The location map at Attachment 1 shows the uses in the surrounding area.
The proposed change to the General Plan and Site Utilization Plan to allow multifamily development would increase the traffic and number of people in the area. The site is currently designated for single-family dwellings, but at a density higher than a typical subdivision. Although the number of units and residents would increase, the general commercial nature of the area would not be severely impacted. The subdivision to the east has been developed over the last year and has approximately 65 dwellings. The proposed site plan shows the nearest building to the existing dwellings would be approximately 150 feet away. Additionally, Condition #28 of Planning Commission Resolution #4059 requires a solid fence/wall (concrete block or similar) to be installed to separate the parking area from the single-family residential uses.
Prior to the Planning Commission meeting on July 7, 2021, public hearing notices were sent to all property owners within 300 feet of the project site and extended to all the property owners on the streets within the Highland Park Subdivision. At the time of this report, the City had received one e-mail in opposition to the project when it was originally scheduled to come before the Planning Commission on February 3, 2021 (refer to the “Background” section of this report for information on this meeting). Additionally, a letter was received from Michael Belluomini on February 16, 2021, prior to the request going to the Planning Commission on February 17, 2021, (refer to the “Background” section of this report for information on this meeting). These comments are provided at Attachment 6. No additional comments were received prior to the July 7, 2021, Planning Commission meeting and no one spoke in opposition to the project at this meeting.
Environmental Clearance
The Planning staff has conducted an environmental review (Initial Study # 20-32- revised) of the project in accordance with the requirements of the California Environmental Quality Act (CEQA), and a Draft Mitigated Negative Declaration (i.e., no significant adverse environmental effects have been found that cannot be mitigated to be less than significant) is being recommended (Attachment I of Planning Commission Staff Report 21-148 at Attachment 7).
Background
Planned Development #16 was established in 1979. At that time, the project site was designated for multi-family residential. In 1999, the project site was part of the commercial project known as the Merced Marketplace. At that time the project site was anticipated to be developed with commercial uses. In 2006, the land use for the project site was changed from Regional/Community Commercial (RC) to Low-Medium Density Residential (LMD) to allow the construction of a 124-lot subdivision with small lots ranging in size from 2,500 to 3,500 square feet. Approximately one-half of the subdivision has been constructed. The proposed project would encompass the other half or approximately 6 acres of the subdivision.
On February 17, 2021, this project was to be presented to the Planning Commission. However, prior to the meeting, the owner advised that they were considering selling the property to another developer and asked to have the item tabled by the Planning Commission to allow time for the negotiations to take place. The sale of the property did not take place at that time, but the owners are now working with a different developer to construct a revised multi-family project. The project has the same number of overall units, but the unit mix has changed.
Planning Commission Action
On July 7, 2021, the Planning Commission held a duly noticed public hearing to consider this matter. There were no speakers in opposition to the project. The applicant, the architect, and the developer spoke in favor of the project. Planning Commission Staff Report #21-148 is provide at Attachment 7 and Planning Commission Resolution #4059 is provided at Attachment 8. The Planning Commission voted to recommend approval of General Plan Amendment #20-01, Site Utilization Plan Revision #23 to Planned Development (P-D) #16, and Environmental Review #20-32 (Mitigated Negative Declaration) by the following vote: 4 Ayes, 0 Noes, 1 Absent, 2 Vacancies.
City Council Action
After the public hearing, staff recommends that the City Council adopt the Draft Resolution at Attachment 9 approving Environmental Review #20-32 (Mitigated Negative Declaration) and General Plan Amendment #20-32, introduce the Draft Ordinance at Attachment 10 approving Site Utilization Plan Revision #23 to Planned Development (P-D) #16, and approve the Legislative Action Agreement at Attachment 11.
IMPACT ON CITY RESOURCES
No appropriation of funds is needed. This property is already part of the City’s Community Facilities District (CFD) for Services and would pay all applicable Public Facilities Impact Fees.
ATTACHMENTS
1. Location Map
2. Site Plan
3. Elevations
4. Floor Plans
5. Landscape Plans
6. Public Comments
7. Planning Commission Staff Report #21-148
8. Planning Commission Resolution #4059
9. Draft City Council Resolution
10. Draft Ordinance
11. Legislative Action Agreement
12. Presentation