Report Prepared by: Julie Nelson, Senior Planner, Development Services Department
Title
SUBJECT: Public Hearing - General Plan Amendment #21-03 to Change the General Plan Land Use Designation from Neighborhood Commercial (CN) to Low-Medium Density (LMD) Residential and Zone Change #429 to Change the Zoning Designation from Planned Development (P-D) #73 to Residential Planned Development (RP-D) #63 to Allow the Construction of Single-Family Homes, Initiated by Peter Lau on Behalf of Bellevue Ranch Paseo, LLC, for Approximately 8.5 Acres of Land Generally Located at the Northeast Corner of Bellevue Road and Barclay Way
REPORT IN BRIEF
Request for City Council to consider changing the General Plan land use designation from Neighborhood Commercial (CN) to Low-Medium Density (LMD) Residential and changing the Zoning from Planned Development (P-D #73) to Residential Planning Development (RP-D) #63, including an Environmental Review and Legislative Action Agreement for approximately 8.5 acres of land generally located at the northeast corner of Bellevue Road and Barclay Way.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2022-19, A Resolution of the City Council of the City of Merced, California, approving Environmental Review #21-47 (CEQA Section 15162 Findings) for General Plan Amendment #21-03 and Zone Change #429 for approximately 8.5 acres of land generally located at the northeast corner of Bellevue Road and Barclay Way and approving General Plan Amendment #21-03 for the same property changing the General Plan designation from Neighborhood Commercial (CN) to Low-Medium Density (LMD) Residential; and,
B. Introducing Ordinance 2539, An Ordinance of the City Council of the City of Merced, California, amending the Official Zoning Map by rezoning approximately 8.5 acres of land generally located on the northeast corner of Bellevue Road and Barclay Way from Planned Development (P-D) #73 to Residential Planned Development (RP-D) #63; 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
Not applicable
DISCUSSION
Project Description
The project site consists of approximately 8.5 acres of land generally located at the northeast corner of Bellevue Road and Barclay Way (Attachment 1). The developer is requesting to change the General Plan land use designation from Neighborhood Commercial (CN) to Low-Medium Density (LMD) Residential and change the Zoning designation from Planned Development (P-D) #73 to Residential Planned Development (RP-D) #63 (refer to Attachment 2). The project site was previously part of the Paseo subdivision (Attachment 3) but in 2011, was changed to allow commercial development on the project site. The developer is now requesting to revert the area back to its original land use to allow it to be developed with small-lot single-family homes consistent with the original design of the Paseo Subdivision. Additional information is provided in the Background section of this report.
The project site consists of 75 individual lots. Of those lots, 57 are intended to have single-family dwellings constructed on them. The other 18 lots consist of open space, drainage basin, alleys, and landscape areas. The map at Attachment 4 shows the lots that would have houses on them as well as identifying the additional 18 lots that are used for other purposes.
Background
This property was annexed into the City in 2000 in connection with the Bellevue Ranch #2 Annexation. At that time, the project site was zoned Residential Planned Development (RP-D) #63. RP-D #63 also included the eastern portion of what is now known as the Paseo Subdivision (Attachment 3). In 2006, the City approved General Plan Amendment #06-04 and Site Utilization Plan Revision #1 to Residential Planned Development (RP-D) #63, which changed the land use designation from Low Density Residential to Low-Medium Density Residential to allow the construction of 156 small-lot single-family dwellings on approximately 17.64 acres. Subsequently, Conditional Use Permit #1096 and Tentative Subdivision Map #1294 were approved. On February 27, 2007, a Final Subdivision map for the Paseo Subdivision was recorded creating 142 single-family lots. Shortly thereafter, 6 homes were constructed on the corner of Bellevue Road and G Street. Unfortunately, the housing market began to fail shortly thereafter and no additional homes have been constructed. Although only 6 homes were constructed, all the improvements were installed (i.e., streets, curb, gutter, sidewalk, etc.) throughout the subdivision, including the current project site.
In 2011, the City approved a request from the property owner to change the western half of the subdivision to allow for commercial uses. General Plan Amendment #11-04 and Zone Change #413 changed the land use designations for the current project site Neighborhood Commercial (CN) and Planned Development (P-D) #73, respectively. Also, in 2011, Site Utilization Plan (SUP) Revision #2 to RP-D #63 was approved changing the land use from detached single-family dwellings to attached single-family dwellings for the eastern half of the Paseo subdivision.
On November 18, 2021, the Site Plan Review Committee approved minor modifications to the Site Utilization Plan for the eastern half of the Paseo Subdivision which changed the land use back to the originally approved detached single-family dwellings and made some minor modifications to the Design Standards for RP-D #63. The approved Design Standards are provided at Attachment 5. Any development allowed as a result of the proposed land use changes would be subject to these design standards.
The Planning Commission considered this request at their meeting on March 9, 2022. At the meeting, Jim Xu with Golden Valley Engineer, project engineer, spoke on behalf of the applicant. There were no speakers in opposition to the project. The Planning Commission unanimously voted to recommend to the City Council approval of the requested General Plan Amendment, Zone Change, and Environmental Review. The recommended Findings and Conditions of Approval are provided in Planning Commission Resolution #4086 at Attachment 7. Planning Commission Staff Report #22-200 is provided at Attachment 8.
General Plan Compliance and Zoning Code Compliance
The proposed project would comply with the General Plan designation of Low-Medium Density (LMD) Residential and the zoning designation of Residential Planned Development (RP-D) #63 if the requested General Plan Amendment and Zone Change are approved.
Additional information on General Plan compliance including General Plan and Housing Element Goals and Policies achieved by this project are included in Exhibit B of Planning Commission Resolution #4086 at Attachment 7.
Building Design
The property owner is working with a developer who is currently developing the east side of the Paseo Subdivision and, if these changes are approved, would continue development on the west side of the subdivision. The developer has four different floor plans, each with three different elevation options (Attachment 6). Each plan is a two-story home that would include 4 bedrooms and a two-car garage. Condition #2 of Planning Commission Resolution #4086 (Attachment 7) and the Draft City Council Resolution at Attachment 10 requires the development to be consistent with the design standards and building elevations approved for RP-D #63 with Site Plan Review #484.
Site Design
The site design for each home would be required to be consistent with the Design Standards for RP-D #63 (Attachment 5). These standards require a 7-foot front yard setback, 2.5’ rear yard setback, and a 3’ side yard setback. Additionally, each lot must provide 3 parking spaces which may include the garage and on-street parking and no side-yard fencing is allowed if there is less than a 5-foot setback between the buildings. Condition #2 requires the development to be consistent with the design standards and building elevations approved for RP-D #63 with Site Plan Review #484.
Because the project site includes areas that are not going to be developed as single-family homes (alleys, pedestrian paths, etc.), Condition #12 of Planning Commission Resolution #4086 (Attachment 7) and the Draft City Council Resolution at Attachment 10 requires a Homeowner’s Association (or approved alternative) to be formed to ensure maintenance of any areas not covered by the Community Facilities District, such as alleys, parking lots, and landscaping, or by the private homeowners.
Parking
Typically, single-family dwellings are required to provide one off-street parking space outside of the required setback area. Generally, new homes provide this space with the garage. The design standards for RP-D #63 require that each dwelling provide a minimum of 3 parking spaces, including the garage and on-street parking. Each home design includes a two-car garage, so two of the required spaces would be provided in the garage and one space could be provided on the street. The subdivision currently has been striped to allow parking on the street. The alleys are considered fire lanes and no parking would be allowed in the alleyways [Condition #14 of Planning Commission Resolution #4086 (Attachment 7) and the Draft City Council Resolution at Attachment 10].
Traffic/Circulation
The project site is located at the northeast corner of Bellevue Road and Barclay Way. A series of local streets exist within the subdivision. The traffic study for the Merced Vision 2030 General Plan included an analysis for this site as a residential development. Because the site is being reverted back to the original land use, there would be no impacts beyond what was already analyzed by the General Plan and the adjacent roadways would continue to operate at a Level of Service (LOS) D or better.
However, when the site was changed to a commercial use in 2011, a condition was included that this property would be responsible for installing a right-turn lane from Bellevue Road onto G Street.
The site is also located near alternative transportation opportunities. The City’s bicycle trail system is easily accessible from the site via Bellevue Road to G Street and M Street, and on Barclay Way. A transportation hub will soon be constructed at M Circle providing access to the Bus system as well as the UC Merced’s Cat Tracks system. Additionally, the site provides pedestrian access throughout the subdivision and easy access with signalized intersections to travel south by bicycle or walking.
Affordable Housing
On April 4, 2022, the City Council considered a policy related to the Reginal Housing Needs Allocation Unit Production Plan for Affordable Housing. As proposed, the policy would require any development that contains 60 or more single-family homes and requires an entitlement that is subject to a Legislative Action Agreement, such as this request for a General Plan Amendment and Zone Change, to provide a minimum of 10% of the development as affordable housing. At the time this report was prepared, the City Council had not taken action on this policy. At the time the City Council considers the policy, the amount of affordable housing may be increased at the City Council’s discretion.
Although this project site consists of 75 individual lots as originally subdivided for the Paseo Subdivision, only 57 of those lots are eligible for single-family construction. As shown on Attachment 4 and described under the “Project Description” section of this report, the other lots are designated for open space, drainage basin, alleys, and landscape areas. Because the number of units available for single-family construction is less than 60, the proposed project would be exempt from the affordable housing requirement.
Environmental Review
The Planning staff has conducted an environmental review of the project in accordance with the requirements of the California Environmental Quality Act (CEQA), and concluded that Environmental Review #21-47 is a second tier environmental document, based upon the City's determination that the proposed development remains consistent with the Environmental Impact Report (EIR) prepared for the Merced Vision 2030 General Plan (SCH#2008071069) and CEQA Guidelines, Section 15162. A copy of the Section 15162 Findings can be found at Attachment 9.
City Council Action
After the public hearing, staff recommends that the City Council adopt the Draft Resolution at Attachment 10 approving Environmental Review #21-47 (CEQA Section 15162 Findings) and General Plan Amendment #21-03, introduce the Draft Ordinance at Attachment 11 approving Zone Change #429, approve the Legislative Action Agreement at Attachment 12, and authorize the City Manager or Deputy City Manager to execute the agreement.
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. Proposed Land Use Changes
3. Paseo Subdivision
4. Lots within project area
5. Design Standards for RP-D #63
6. Proposed Home Designs
7. Planning Commission Resolution #4086
8. Planning Commission Staff Report #22-200
9. Environmental Review #21-47
10. Draft City Council Resolution
11. Draft Ordinance
12. Legislative Action Agreement