Report Prepared by: Francisco Mendoza-Gonzalez, Associate Planner, Development Services Department
Title
SUBJECT: Public Hearing to Consider Potential Introduction of an Ordinance to Approve Zone Change #428, Initiated by MCP, LLC, Property Owner, Involving a Zone Change From Low-Density Residential (R-1-6) to Medium-Density Residential with an Urban Residential Zoning Overlay (R-3-2/UR) for Four 0.22-Acre Parcels Located at 565, 575, 601, and 609 Q Street
REPORT IN BRIEF
Request for City Council approval for a Zone Change from Low Density Residential (R-1-6) to Medium Density Residential with an Urban Residential Overlay (R-3-2/UR) for four 0.22-acre parcels located at 565, 575, 601, and 609 Q Street.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Environmental Review #21-39 (CEQA Section 15162 Findings); and,
B. Introducing Ordinance 2536, An Ordinance of the City Council of the City of Merced, California, amending the official Zoning Map by rezoning approximately 0.88 acres of land generally located on the west side of Q Street, directly south of West 6th Street, from Low-Density Residential (R-1-6) to Medium-Density Residential (R-3-1.5) with Urban Residential (UR) Overlay; and,
C. Approving the First Amended and Restated Legislative Action Agreement and authorizing the City Manager or Deputy City Manager to execute the necessary documents.
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ALTERNATIVES
1. Approve, as recommended by the Planning Commission and staff; or,
2. Approve subject to modifications as conditioned by City Council (to be specific in the motion); 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
Merced Municipal Code Chapter 20.80 covers Zoning Ordinance Amendments and Section 20.22.040 outlines the Urban Residential (/UR) Overlay Zone.
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
The proposed project is considered infill development as it consists of undeveloped lots that are located within an urbanized area surrounded by developed lots with access to infrastructure surrounding the site including roads, the City’s water system, and sewer system. The proposed Zone Change with Overlay would allow the applicant to construct one additional unit on each of the four lots within the subject sites. The current zoning designation allows for up to 3 units (with current accessory dwelling unit laws) on 4 separate parcels, for a total of 12 residential units. The applicant would like to subdivide the subject site into 16 different parcels for single-family homes (with one additional larger out-parcel reserved for a shared parking lot) on lots ranging in size from 897 square feet to 1,251 square feet, with the parking lot being 21,584 square feet. The proposed density of 18.18 dwelling units per acre would be within the existing allowed General Plan designation of High-Medium Density Residential (HMD) which allows between 12 to 24 dwelling units per acre.
Historic Background
The subject sites have remained undeveloped for many decades. In 2005, a Parcel Map for the creation of the subject sites was approved by the City’s Minor Subdivision Committee. The Lot Split converted the 0.88-acre area subject site into 4 equal parcels of 0.22-acres each. The subject sites are located within an older portion of community, which was primarily developed between the 1900’s and 1950’s prior to the adoption of unified development standards. As such, there are various properties within the neighborhood that contain two or more units, even though the majority of the surrounding sites are currently zoned for single-family homes. In addition, approximately 190 feet north of the subject site is a 0.80-acre area zoned for Medium Density Residential with apartments similar in concept to what is being proposed by the applicant (multiple lots with shared parking and cross-access agreements). Given the context of the site, nearby multifamily projects, legal non-conforming parcels with multiple residential units, and the development history of the neighborhood, the proposed increase from up to 12 to 16 residential units would not significantly alter the character of the neighborhood.
Recent Action
In 2021, the City Council approved General Plan Amendment #21-01 from Low Density Residential to High-Medium Density Residential. That proposal was to allow apartments with 16 units, this request is to construct 16 single-family homes. The proposed density of 18.18 dwelling units per acre would be within the existing General Plan designation of High-Medium Density Residential which allows between 12 to 24 dwelling units per acre.
As part of the General Plan Amendment (GPA) #21-01, Zone Change #427 was also processed to change the zoning from Low Density Residential (R-1-6) to Medium Density Residential (R-3-2). The Zone Change was recommended for approval, along with the GPA, by the Planning Commission. It moved forward to the City Council and was approved as part of the same City Council Resolution that approved the General Plan Amendment. Unfortunately, per the City’s Code (MMC 20.80.060), Zone Changes need to be adopted by Ordinance. Therefore, Zone Change #427 was invalid. The applicants have decided that the UR Overlay would better suit their needs, so they have decided to apply for a new Zone Change from R-1-6 to R-3-2 and to include the UR Overlay as Zone Change #428.
Planning Commission Review and Recommendation
The Planning Commission reviewed and recommended approval of Zone Change #428 on December 18, 2021. As part of that review process, the Planning Commission approved other entitlements for this project, such as the tentative subdivision map to subdivide the four lots into seventeen lots, and a minor use permit to establish the development standards for the new homes.
Public Comments
Staff did not receive any public comments for this proposal before or after it went to the Planning Commission Meeting of December 8, 2021.
Findings/Considerations
Please refer to Exhibit B of the Planning Commission Resolution at Attachment 4 for findings and detailed information about the project.
City Council Action
After the public hearing, it is recommended that the City Council approve Environmental Review #21-39 (CEQA Section 15162 Findings) per Attachment 5; the Draft City Council Resolution approving the Zone Change/Overlay Designation (Attachment 6); and the first amendment to the Legislative Action Agreement (Attachment 7) authorizing the City Manager or designee to execute the necessary documents.
IMPACT ON CITY RESOURCES
No appropriation of funds is needed
ATTACHMENTS
1. Location Map
2. Site Plan
3. Elevations
4. Planning Commission Resolutions #4077 and #4082
5. CEQA Section 15162 Findings
6. Draft City Council Ordinance
7. First Amendment to Legislative Action Agreement
8. Presentation