Agenda Item No. 8c July 8, Honorable Mayor and City Council Attention: David J. Van Kirk, City Manager

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1 Agenda Item No. 8c July 8, 2008 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: David J. Van Kirk, City Manager Scott D. Sexton, Community Development Director RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING THE NEGATIVE DECLARATION AND APPROVING THE AMENDMENTS TO THE ALLISON BUSINESS AREA POLICY PLAN TO INCORPORATE PROVISIONS AND STANDARDS FOR MULTI-FAMILY RESIDENTIAL DEVELOPMENT WITHIN AREA 1B TO ACHIEVE THE CITY S OBJECTIVES FOR FUTURE DEVELOPMENT OF THE 19.5 ACRES OF VACANT LAND LOCATED BETWEEN ALLISON AND HARBISON DRIVES, NORTH OF ULATIS DRIVE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADOPTING THE ZONE CHANGE TO APPLY THE RESIDENTIAL OVERLAY (RO) ZONE TO APPROXIMATELY 8.9 ACRES OF VACANT LAND LOCATED AT THE NORTHWEST CORNER OF ULATIS AND HARBISON DRIVES DISCUSSION: The project consists of an amendment to the Allison Business Area Policy Plan to revise development objectives and standards for the 19.5-acre area of vacant land primarily located within Area I-B of the Policy Plan. The amendment also revises the boundaries of Area I-B to include a vacant, 0.5-acre General Commercial parcel located at the southeast corner of Allison Drive and Nut Tree Parkway. The project involves the rezoning of approximately 8.9 acres within Area I-B to place the Residential Overlay (RO) zone (up to 24 du/acre) on the property at the northwest corner of Allison and Harbison Drives. The Solano Transportation Authority (STA), and the Metropolitan Transportation Commission (MTC) have identified the need for an inter-modal transportation facility along I-80 within the subject area in their long-range transit planning documents. The City of Vacaville is pursuing the possibility of developing the regional transit facility on the westerly portion of the site, approximately 6.4 acres at the northeast corner of Allison and Ulatis Drives. The City views the area as a favorable site for promoting transit-oriented development on the remaining vacant lands within Area I-B and proposes amendments to the development standards of the Policy Plan that will support creative transit-oriented designs in the area. The proposed Residential Overlay (RO) zone district is consistent with the Commercial Office (CO) designation on the General Plan land use diagram. General Plan Implementation Policy 2.5 I-17 establishes that medium and high density residential uses may be allowed in areas designated for commercial development if the property is located within a residential overlay zone district. The proposed zoning change meets the criteria contained in Land Use & Development Code Chapter for the designation of property to be within the Residential Overlay zone district. Amending the Policy Plan will enable the City to capitalize on the public investment in the

2 regional transportation facility by providing opportunities and incentives in the Policy Plan for mixed use transit oriented development in the immediate vicinity of the planned transit project and improved pedestrian relationships with the mix of existing cultural, residential and retail commercial uses that surround the site. The City is proceeding with plans for a possible transit facility on the western portion of Area I-B. The Policy Plan Amendment would allow for potential residential or mixed-use development by the property owner at some future time, subject to the Planned Development approval process from the Planning Commission. Planning Commission Action: On June 3, 2008, the Planning Commission held a public hearing on the proposed project. The Commission indicated support for the project and for the transit center concept in this area. The Planning Commission voted unanimously to recommend that the City Council approve the proposed project. Environmental Review: Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City has conducted an initial study to evaluate potential environmental impacts of the project. Based on City policies, standard conditions, technical studies prepared for the project and other prior environmental documentation, the Initial Study concludes that the project will result in a lessthan-significant effect on the environment. The proposed Negative Declaration was published on May 14 for a 20-day public review period. No comments have been received and it is recommended that the City Council approve the proposed Negative Declaration. RECOMMENDATION: 1. By simple motion, to adopt the resolution approving the Negative Declaration and approving the amendment to the Allison Business Area Policy Plan to incorporate provisions and standards for multi-family residential development within Area 1B to achieve the City s objectives for future development of the 19.5 acres of vacant land located between Allison and Harbison Drives, north of Ulatis Drive. 2. By title only, to introduce the Ordinance adopting the Zone Change to apply the Residential Overlay (RO) zone to approximately 8.9 acres of vacant land located at the northwest corner of Ulatis and Harbison Drives. Attachments: A. Location/Zoning Map B. Proposed Zone Change Map C. Planning Commission Record (including) a. June 3, 2008 Planning Commission Packet b. Planning Commission Minutes of June 3, 2008

3 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING THE NEGATIVE DECLARATION AND APPROVING THE AMENDMENTS TO THE ALLISON BUSINESS AREA POLICY PLAN TO INCORPORATE PROVISIONS AND STANDARDS FOR MULTI-FAMILY RESIDENTIAL DEVELOPMENT WITHIN AREA 1B TO ACHIEVE THE CITY S OBJECTIVES FOR FUTURE DEVELOPMENT OF THE 19.5 ACRES OF VACANT LAND LOCATED BETWEEN ALLISON AND HARBISON DRIVES, NORTH OF ULATIS DRIVE WHEREAS, the Planning Commission of the City of Vacaville conducted a duly noticed public hearing on June 3, 2008, regarding the proposed policy plan amendment and rezoning requests, received testimony and voted to recommend that the City Council approve the requested development entitlements; and WHEREAS, the City Council of the City of Vacaville conducted a duly noticed public hearing on July 8, 2008, to consider a request for approval of a Negative Declaration, Policy Plan Amendment and Rezoning for the Allison Business Area Policy Plan Area described as follows: Located in the area between Allison Drive, Harbison Drive, Nut Tree Parkway and Ulatis Drive. (APN , 66, 67) WHEREAS, the City Council received testimony from City staff, the applicant, and all interested parties regarding the proposed project; and WHEREAS, the City Council has reviewed and considered the Negative Declaration for the Policy Plan Amendment and Rezoning in accordance with the California Environmental Quality Act and Division of the Land Use and Development Code and finds: 1. The project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of California history or prehistory; 2. The project does not have the potential to achieve short-term environmental goals to the disadvantage of long-term goals; 3. The project does not have environmental effects which are individually limited but are cumulatively considerable; 4. The project will not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly; 5. The negative declaration reflects the independent judgment of the City of Vacaville, acting as lead agency for the project. WHEREAS, the City Council has reviewed the requested applications for the Allison Business Area Policy Plan Amendment and the Rezoning to the RO Zone District for a portion of the Policy Plan and considered the testimony at the public hearing, the Initial Study and proposed Negative Declaration, the staff report and the whole of the record for File and makes the following findings for each action: Policy Plan Amendment: 1. That the plan or amendment is consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Development Code;

4 2. That the plan or amendment would not be detrimental to the public health, safety, or welfare of the community; 3. That the plan or amendment includes provisions which ensure that adequate public facilities will be available to serve the range of development described in the plan; 4. That the plan or amendment would maintain an appropriate balance of land uses within the City; 5. That the anticipated land uses on the subject site are compatible with existing and future surrounding uses. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City Vacaville does hereby approve the Negative Declaration and Policy Plan Amendment for the Allison Business Area Policy Plan Amendment and Rezoning project in accordance with the findings. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 8th day of July, 2008 by the following vote: AYES: NOES: ABSENT: ATTEST: Michelle A. Thornbrugh, City Clerk

5 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADOPTING THE ZONE CHANGE TO APPLY THE RESIDENTIAL OVERLAY (RO) ZONE TO APPROXIMATELY 8.9 ACRES OF VACANT LAND LOCATED AT THE NORTHWEST CORNER OF ULATIS AND HARBISON DRIVES THE CITY COUNCIL OF THE CITY OF VACAVILLE DOES ORDAIN AS FOLLOWS: SECTION ONE: The City Council approves the Negative Declaration for the rezoning in accordance with the findings in Planning Commission Resolution The District Zoning Map, a portion of the Zoning Ordinance of the City of Vacaville, being Chapter of the Vacaville Municipal Code, is changed as follows: Those portions of the Districts shown on said Zoning Map more particularly shown in Exhibit A, entitled Allison Business Area Policy Plan Zoning Amendment, attached hereto and incorporated herein by reference, shall be zoned as noted in said Exhibit. SECTION TWO: This change of Zoning Map is approved by the City Council as in accordance with Chapter , Effect of Zoning Map Amendment of the Zoning Ordinance, as follows: The change of Zoning Map for property from Commercial Office, CO, to Commercial Office, Residential Overlay, CO-RO for approximately 8.9 acres, as described hereto in said Exhibit A and as supported by the following findings of fact: 1. That the proposed amendment is internally consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Development Code, as the Residential Overlay zone is consistent with the General Plan designation for the site and the zone change is consistent with the purposes of the overlay zone; 2. That the proposed amendment would not be detrimental to the public health, safety, or welfare of the community, since the site can meet the criteria listed in the General Plan implementation policies for the overlay zone (Policy 2.5, I-7); 3. That the proposed amendment would maintain the appropriate balance of land uses within the City, since this site represents an opportunity for well planned mixed use developments that are complimentary to each other such as commercial, residential, transit/public uses and employment centers; 4. That the anticipated land uses on the subject site would be compatible with existing and future surrounding uses, because the development of high density residential uses are considered compatible in mixed use settings and will be supported by the surrounding land uses for services, employment and entertainment; 5. That the potential impacts to the City s inventory of residential lands has been considered and this project will add to the City s inventory of residential lands; 6. That the proposed amendment is consistent with any development related application that is processed and approved concurrently with the amendment application; 7. Noise levels are or can be mitigated to the acceptable level for residential uses in accordance with Chapter , Performance Standards, of this division, since this site is not located within an area where the ambient noise level exceeds the compatibility standards for high density residential uses and future development plans will provide for mitigation of any site specific effects;

6 8. Adequate public utilities are or would be made available to serve the residential use, and the City has examined the feasibility of the addition of residential units to this site and determined that the existing infrastructure will support the added development; 9. Future residents would not be exposed to health or safety hazards or excessive lighting due to the operation of non-residential development, and that subsequent specific uses proposed on adjacent parcels will be subject to design review by the City of Vacaville and compliance with all City standards for site development; 10. Residential development would not be detrimental to the existing or proposed uses allowed by the underlying zoning district; and 11. The site is not needed to provide neighborhood commercial services. SECTION THREE: The City Council of the City of Vacaville finds that the foregoing changes of zoning, as shown in said Exhibit A, are necessary to ensure that said lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole. SECTION FOUR: Severability. If any section, subsection, phrase or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more section, subsection, phrases or clauses be declared unconstitutional. SECTION FIVE: Effective Date. This ordinance shall take effect thirty (30) days after passage thereof. SECTION SIX: Publication. This ordinance shall be published in accordance with the provisions of Government Code Section I HEREBY CERTIFY that this ordinance was introduced at a regular meeting of the City Council of the City of Vacaville, held on the 8th day of July, 2008, and ADOPTED and PASSED at a regular meeting of the City Council of the City of Vacaville held on day of, 2008 by the following vote: AYES: NOES: ABSENT: ATTEST: APPROVED: Michelle A. Thornbrugh, City Clerk Leonard J. Augustine Mayor