COMMUNITY DEVELOPMENT AND RESOURCES COMMISSION OF THE CITY OF ATWATER

Transcription

1 COMMUNITY DEVELOPMENT AND RESOURCES COMMISSION OF THE CITY OF ATWATER RESOLUTION NO A RESOLUTION OF THE COMMUNITY DEVELOPMENT AND RESOURCES COMMISSION OF THE CITY OF ATWATER RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT (GPA 17-01) AMENDING THE LAND USE DESIGNATIONS FOR THE SUBJECT PROPERTY WHEREAS, the Atwater General Plan was adopted by the City of Atwater City Council on July 24, 2000; and, WHEREAS, the acre subject property is located north of State Route 99, west of Gurr Road, south of Green Sands Avenue and east of Station Avenue, and is bisected by the Atwater-Merced Expressway and Canal Creek. The subject property is located adjacent to the eastern and southern City of Atwater city limits and within the Atwater Sphere of Influence; and, WHEREAS, the subject property consists of the following Subareas: Subarea 1 - Station Manchester (28.70 acres), Subarea 2 - Canal Creek/Buhach (59.46 acres), Subarea 3 - Ferrari Ranch ( acres), Subarea Acre Parcel (6.30 acres), Subarea 5 Valley (24.33 acres), and the Atwater-Merced Expressway Interchange, Other Roadway, and Stormwater Management Rights-of-Way (ROW) Area (80.50 acres); and, WHEREAS, Ferrari Ranch LLC (the applicant) requested an amendment to the Atwater General Plan land use map for Subareas 1 through 4 and the Atwater-Merced Expressway ROW area as follows: Subarea 1 from Low Density Residential and Commercial to Low Density Residential, Medium Density Residential and Commercial; Subarea 2 from Business Park, Low Density Residential, Commercial and Path to Business Park; Subarea 3 from Low Density Residential, Commercial and Path to Business Park; Subarea 4 from Low Density Residential to Business Park; and the Atwater-Merced Expressway ROW from Commercial and Path to Business Park; and,

2 Community Development and Resources Commission Resolution No Page 2 WHEREAS, City staff has recommended that the current General Plan designation of Path that is located along Canal Creek should not be eliminated from the General Plan Land Use Designation Map; and, WHEREAS, pursuant to the California Environmental Quality Act, the Community Development and Resources Commission adopted Resolution No on, recommending that the City Council certify the Ferrari Project Final Program Environmental Impact Report (EIR) State Clearinghouse No , as adequately prepared in compliance with CEQA, and incorporated herein by reference; and, WHEREAS, Government Code Section requires the Community Development and Resources Commission to hold at least one noticed, public hearing on any proposed General Plan Amendment and that duly-noticed public hearing was conducted on ; and WHEREAS, the Government Code requires that the City Council receive a written recommendation from the Community Development and Resources Commission on any proposed General Plan Amendment; and WHEREAS, this public hearing was duly noticed in accordance with California Government Code Section by advertisement in the on and by mail to owners of property within 300 feet of the project boundaries on, for the purpose of providing an opportunity for public testimony. THEREFORE, BE IT RESOLVED that the Community Development and Resources Commission of the City of Atwater hereby finds and determines as follows: 1. The Community Development and Resources Commission recommends that the City Council amend the Atwater General Plan Map, including City staff s recommendation regarding retention of the Path designation along Canal Creek, to accommodate development of the amended area as set forth in the Staff Recommended General Plan Map included as Attachment A and attached hereto and incorporated by reference. 2. The Community Development and Resources Commission finds and recommends that the City Council find that the General Plan Amendment is consistent with the goals and policies of the Atwater General Plan, including its Housing Element as it has been adopted by City Council on July 18, 2016, for the reasons set forth in the General Plan Consistency Analysis attached hereto as Attachment B and incorporated by reference. 3. The Community Development and Resources Commission hereby recommends that the City Council adopt the General Plan Amendment with the Path modification set forth in Attachment A.

3 Community Development and Resources Commission Resolution No Page 3 The foregoing resolution was introduced at a regular meeting of the Community Development and Resources Commission of the City of Atwater held on the day of, by City Commissioner, who moved its adoption, which motion was duly seconded by City Commissioner, and Resolution was adopted by the following vote: AYES: NOES: ABSENT: XXXX XXXX XXXX APPROVED: ATTEST: Attachments: Attachment A Attachment B Staff Recommended General Plan Map General Plan Consistency Analysis (including Vacant Land Inventory Map)

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5 GENERAL PLAN AMENDMENT RESOLUTION ATTACHMENT A STAFF RECOMMENDED GENERAL PLAN LAND USE MAP

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9 GENERAL PLAN AMENDMENT RESOLUTION ATTACHMENT B ATWATER GENERAL PLAN POLICY CONSISTENCY ANALYSIS

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11 ATWATER GENERAL PLAN POLICY CONSISTENCY ANALYSIS This general plan consistency analysis focuses on the project s consistency with the policies of the General Plan. Associated goals implementation programs are included for reference. Land Use, Public Facilities and Community Infrastructure Element GOAL LU-2. Ensure that the appearance of non-residential development contributes positively to the community s image. Policy LU-2.1. Develop design guidelines for commercial, industrial, and business park development that present an attractive public view and are integrated with the surrounding area. Policy LU-2.2. Encourage design of large scale commercial, industrial, and business park projects that are oriented to a human scale. Consistency Analysis. The City has not yet adopted design guidelines for commercial, industrial, and business park development. The proposed project includes the Ferrari Ranch Planned Development Master Plan (PDMP), which covers acres within the annexation area. The PDMP addresses development design. It includes an objective to establish design guidelines, controls and standards that will not only affect the buildings but the landscape of the community as well. Additionally, the PDMP states, The Ferrari Ranch PDMP is being processed for development entitlement purposes as a business park planned development pursuant to the applicable provisions of the Atwater Zoning Ordinance (Chapter 24 Planned Development Districts). Subsequent to approval of the PDMP, final development plans for each individual future project proposed within the PDMP boundary will be submitted and will include 1

12 detailed specifications covering building articulation, architecture, landscaping, plazas, courtyards, lighting, colors and textures. The guiding purpose is to make the project pedestrian-friendly while providing sufficient vehicular parking as required by the City. Each individual final development plan will be subject to review by City staff and approval by the Community Development and Resources Commission. Given this approach, the PDMP is consistent with the intent of this policy to ensure that non-residential development contributes positively to the community s images, presents an attractive public view, is integrated with the surrounding area, and oriented to a human scale. Future development within the remainder of the annexation area would be subject to design guidelines that are in place at the time individual project applications are submitted to the City for review and consideration. City staff would review the consistency of the individual projects with this policy at that time. GOAL LU-4. Enhance the appearance of primary entrances into and through Atwater. Policy LU-4.1. Utilize landscaping, signage, and gateway treatments to enhance the aesthetic appearance of primary streets into and through the community including, but not limited to: Applegate and SR 99 Atwater Boulevard New Westside Entrance Bellevue Road Buhach Road Castle Parkway (now referred to as Atwater-Merced Expressway) Shaffer Drive Santa Fe Drive Winton Way 2

13 Consistency Analysis. The project site is located at the eastern entrance to the City along SR 99 and is bisected by the Atwater-Merced Expressway (referred to in the General Plan as Castle Parkway). Buhach Road terminates at the project site at Ashby Avenue. Landscaping of the Atwater-Merced Expressway right-of-way, including the improved section of SR 99 itself, is the responsibility of Merced County (and eventually Caltrans). The applicant proposes complementary landscaping for the Ferrari Ranch regional retail, medical and sports complexes. Conceptual landscaping is presented in PDMP in Figure 3, Illustrative Master Plan; Figure 4, Retail and Medical Illustrative Plan; Figure 5, Western Portion Conceptual Development Plan; Figure 10, Town Center Illustrative Plan; Figure 11, Conceptual Regional Medical Complex; and Figure 15b, Illustrative Landscape Plans Typical Section. Additionally, the vesting tentative map identifies landscape areas within the proposed road sections. Detailed landscape plans must be submitted with each final development plan for individual future projects proposed within the PDMP boundary. Therefore, the PDMP component of the proposed project would be consistent with this policy. Future development within the remainder of the annexation area would be subject to design guidelines that are in place at the time individual project applications are submitted to the City for review and consideration. City staff would review the consistency of the individual projects with this policy at that time. GOAL LU-5. Enhance views of Atwater from SR 99. Policy LU-5.1. Develop SR 99 as a landscaped corridor through the Atwater community. Consistency Analysis. Conceptual landscaping is identified within the PDMP boundary along the frontage of Subarea 3 Ferrari Ranch on both sides of Ashby Avenue, which parallels SR 99. Landscaping is presented in PDMP Figure 10, Town Center Illustrative Plan; Figure 11, Conceptual Regional Medical Complex; and Figure 15b, Illustrative Landscape Plans Typical Section. Therefore, the PDMP component of the proposed project is consistent with this policy. Future development within Subarea 2, a portion of which is adjacent to the SR 99 corridor, would be subject to City staff review for consistency with this policy at the time individual projects are proposed within that portion of Subarea 2. 3

14 Policy LU-6.1. Prepare Specific Plans for areas whose unique land use, infrastructure, or resource issues require more detailed treatment than that expressed by General Plan policies and implementation programs. Implementation Program LU-6.a. The City shall pursue the completion of Specific Plans for Downtown Atwater, Specific Plan areas 1, 2, and 3 in Southwest Atwater, and the Castle Parkway area. Consistency Analysis. The proposed project includes proposed Planned Development zoning for Subarea 3 Ferrari Ranch that accomplishes the objective of addressing land use, infrastructure, and resources associated with this component of the proposed project. Therefore, the Ferrari Ranch component of the proposed project is consistent with the intent of this policy and implementation program. There are no specific development proposals being made at this time for properties within the remaining subareas within the project site. At the time individual landowners within the subareas make application to the City for development, City staff will determine whether a specific plan is required for their individual projects. This will assure that such development is consistent with this policy. GOAL LU-9. Pursue orderly expansion of the Atwater community. Policy LU-9.1. Facilitate phased development of the City s proposed growth areas. Consistency Analysis. The project site is located within the City s Castle Parkway growth area and the General Plan identifies this growth area as a Phase 1, Target Annexation Priority. By virtue of the fact that the proposed project is within a target annexation priority area, it is consistent with this policy. A phasing plan for the entire annexation area has not been prepared as it would be premature for the applicant to project specific development phasing for properties that are not under the applicant s control. With the exception of Subarea 3 - Ferrari Ranch, conceptual development plans are not yet available for other subareas. According to the applicant, subareas 1, 2, and 4 would develop based on market 4

15 demand for allowable uses, availability of capital, and availability of backbone infrastructure needed to service them. The PDMP for Subarea 3 Ferrari Ranch, contains preliminary phasing concepts solely for that subarea. Generally, the applicant assumes that Subarea 3 would develop from the north near Green Sands Avenue to the south toward SR 99. However, market demand for commercial uses would influence the general assumed phasing process for Subarea 3. Specific phasing concepts for the medical complex and regional sports complex within Subarea 3 would depend on market conditions and other factors. The buildout period for the project site is currently assumed to be 15 to 20 years. Therefore, the project is consistent with this policy. Policy LU-9.2. Consider the following criteria when annexation and/or expansion of the City s Sphere of Influence is contemplated: Is the soil suitable for agriculture according to the soil capability? Is the present parcel size a sufficient size for economic agricultural use? Is the land presently or recently used for agriculture? Will nonagricultural use create conflicts with adjacent agricultural uses? Have provisions been made to provide adequate levels of public services to satisfy the demands generated by the proposed development? Will an individual waste disposal system contaminate the surface or ground water table? Will intensive use present hazards to public health, welfare, or safety? Will an individual waste disposal system contaminate the surface or ground water table? 5

16 Will urban use impact significant open space and/or conservation values? Is there an adequate supply of available vacant land within the existing urban boundary to accommodate reasonably anticipated or historic growth needs over the next 10 years? Is the proposal consistent with the goals and policies of the City s General Plan or Specific Plan? Consistency Analysis. Consistency with each of the criteria above is discussed below. Soils and Agricultural Issues. Section 3.2 of the EIR addresses soils and agricultural issues. Regarding soil suitable for agriculture according to the soil capability, all soils on the project site carry a Land Capability Classification of 3 to 4, meaning they are all suitable for cultivation, but with some constraints. Regarding whether the present parcel size is sufficient for economic agricultural use, Subarea 3 which is the majority of the project site, has historically been in agricultural use. It is now bisected by the Atwater-Merced Expressway and is no longer in agricultural production (see further discussion below) due primarily to land use conflicts with the expressway and due to reduced contiguous area available for productive agricultural use. Therefore, it can be concluded that the dominant portion of the project site that has historically been in agricultural use is no longer of sufficient size for continued economic agricultural use. Until 2012/2013, a portion of Subarea 2 Canal Creek/Buhach and all of Subarea 3 Ferrari Ranch were in active agricultural use. Land within Subarea 3 was taken out of production in 2012 due to planning and initiation of construction activities for the Atwater-Merced Expressway project. For approximately 20 years prior to that time, the land was used to produce silage crops primarily corn and dry beans. According to the property owner, the land within Subarea 4 has not been actively famed for approximately 32 years. Vacant land within Subarea 2 had been historically used for hay and livestock penning and production. Regarding non-residential uses creating conflicts with adjacent agricultural uses, the EIR also addressed this issue. Due to a combination of factors that include absence of new proposed future residential uses within the annexation area, fewer sources of 6

17 potential conflicts between non-residential uses and agricultural uses, buffering to be provided by Gurr Road and Green Sands Avenue, and the eventual reduction/elimination of urban/agricultural development conflicts as areas to the north develop with residential uses over time, the potential impact of agricultural land conversion due to increased land use conflicts is less than significant. Public Services Demand Issues. The applicant s fiscal impact analysis addressed demand for general governmental services, fire protection services, police services, community development, and parks and community services from buildout of the project site. The fiscal impact analysis concluded that the annual net fiscal impact associated with proposed buildout is estimated at approximately $3.1 million. If successfully developed, the proposed project is estimated to generate about $3.8 million in General Fund revenues compared to $0.7 million in General Fund costs. Actual fiscal impacts may be different because of the actual timing of project buildout as well as its individual components and changes in economic and budgetary conditions. To the extent that less development than full build out materializes, fiscal impacts may be lower than estimated. The applicant s plan for services, as well as the EIR, addressed water supply, wastewater generation and treatment, storm water and flood management, and parks and recreation. Regarding water demand, according to the water supply assessment prepared for the proposed project, the total consumptive waster demand for baseline (historical) uses of the site is 505 acre feet per year (AFY). Under post-project buildout conditions, consumptive demand from proposed urban use of the site would be 670 AFY. The proposed project would result in a net increase in groundwater demand of 165 AFY within a groundwater basin that is in overdraft condition. The EIR included a mitigation requiring the use of drought tolerant landscaping to reduce landscaping irrigation water demands; however, even with implementation of this measure, the impact on the groundwater basin would be significant and unavoidable. Regarding water infrastructure, installation of the various components or segments of the proposed water system infrastructure within the currently undeveloped areas will be based on the location and size of the phase being developed within the annexation area. The City will require developers to design and provide water infrastructure required for each phase of development in accordance with the City of Atwater Water Master Plan and City standards. 7

18 Regarding wastewater generation, conveyance, and treatment, buildout of the project site would generate 280,505 gallons per day of wastewater that would need to be conveyed to the wastewater treatment plant for treatment. The wastewater treatment plant has the capacity to treat the wastewater; however, given the uncertainty of when this project will build out, and when other development in the City will occur, the EIR includes mitigation measure UTIL-1 requiring assurance that the wastewater treatment plant can adequately handle wastewater from the various phases of the project. With implementation of this mitigation measure, wastewater infrastructure will be sufficient to serve development within the project site. Regarding storm water and flood management, the EIR concluded that with the City s requirement for development to provide the necessary infrastructure and required payment of Merced Irrigation District storm drainage fees, the storm water and flood management system would be sufficient to adequately serve the project site. Regarding parks and recreation facilities, per the City of Atwater Parks, Recreation & Open Space Mater Plan, the City strives to provide a minimum of 6.25 acres of park land per 1,000 residents. The City maintains about 77 acres of park and recreation land. Based on the City s estimated 2016 population of 30,061, the current park land shortfall is about 110 acres. With the proposed project, the annexation of 46 existing residences within Subarea 1 Station Manchester, and 63 existing residences within Subarea 5 Valley, the City s population would increase by approximately 364 people (at an average of 3.34 persons per dwelling unit). It is assumed that these residents already use City park facilities such that no change in park use would occur as a result of the proposed annexation. Approximately 82 new dwelling units could be constructed within Subarea 1 Station/Manchester. At 3.34 persons per household, the City s population would increase by 274 new residents. The City collects parks and recreation impact fees from new residential development, but not from other development types. New residential development that occurs within Subarea 1 would be required to pay these fees to help mitigate its incremental increase in demand for maintenance of existing parks/expansion of park land. 8

19 The Ferrari Ranch PDMP illustrates that 20.4 acres of land within Subarea 3 Ferrari Ranch have been reserved for a regional park. However, the Ferrari Ranch project applicant has not proposed to dedicate the park site to the City or fund improvements to the park. Therefore, for purposes of this analysis, it is not assumed that the proposed project will provide park and recreation resources that help off-set the City s existing park land deficiency. Individual Waste Disposal System Issues. Individual waste disposal systems are not included in the project. Wastewater from future development within the project site will be treated at the City s wastewater treatment plant. Health, Welfare, and Safety Issues. The EIR addressed hazard and safety issues. Potential hazards addressed included the transport, use, or disposal of hazardous materials; exposure of the public to agricultural chemical residues in the project site soils; hazards to the public or environment from the transport, use, and disposal of biohazardous/medical wastes; exposure to or accidental release of hazardous materials from above- or below-ground storage tanks; hazards from release of asbestos or lead based paint during demolition of existing structures; risk of release of hazardous materials or explosion from damage to underground pipelines; and hazards associated with Castle Airport operations. The EIR concluded that the project would have impacts in all of these areas, but that the impacts would be less than significant or less than significant with implementation of specified mitigation measures. Safety issues addressed in the EIR included seismicity (faults, ground shaking, liquefaction, lateral spreading), and subsidence. The EIR concluded that potential risks to public safety and structures from seismic shaking or seismic shaking induced liquefaction would be less than significant with building code compliance and implementation of mitigation measures. Subsidence, which is the gradual settling or sinking of the earth's surface, has been a problem mainly in the southwestern portion of the County. The cause has been the withdrawal of groundwater at a rate faster than the recharge of the aquifer. When subsidence occurs, the soils above the water table are compacted, and the surface ground level lowers. In some parts of California, subsidence of more than 10 feet has occurred. Since the City sits atop a groundwater basin, it is potentially subject to subsidence, if the rate of groundwater withdrawal should exceed the rate of groundwater recharge. 9

20 Buildout of the project site would increase water demand by about 33 percent or approximately 165 acre feet per year over historic agriculture use. The City of Atwater has adopted the regional Merced Integrated Regional Water Management Plan (2013), which includes an objective to correct groundwater overdraft conditions and reduce groundwater subsidence. The plan includes strategies that reduce dependence on groundwater either through the creation of new supplies or through water use reduction can reduce reliance on the groundwater basin and avoid further subsidence. Water use efficiency strategies that reduce overall water demand can also assist in reducing overdraft of the basin. Therefore, through its participation in solutions identified in the regional water management plan, the City is taking measures to reduce groundwater extraction and groundwater subsidence. Therefore, the project would not present a significant hazard to public health, welfare, or safety. Open Space and Conservation Values. The project site is located adjacent to the city limits and within the City s Sphere of Influence. Existing General Plan land use designations are Low Density Residential, Commercial, Business Park, and Path. The project site has been planned by the City of Atwater for urban development. The proposed General Plan amendment includes removal of the Path designation along Canal Creek. Staff recommends that this designation not be removed and that future development on the west side of Canal Creek be required to extend the existing bike path along Canal Creek, which currently terminates on the north side of Green Sands Avenue. Therefore, the project as modified would not have a significant impact on open space and/or conservation values. Vacant Land Inventory. City staff prepared an inventory of vacant land within the City that is designated Commercial, Light Industrial, and Business Park. The inventory does not include vacant lands for which entitlements have already been approved or for which CEQA analysis has been conducted. Parcels of less than one acre in size were also excluded. An inventory of vacant land designated Light Industrial was included to be conservative. A map showing the inventory of these vacant lands is attached. Approximately nine acres comprised of two non-contiguous parcels are designated Light Industrial. Approximately 36 acres comprised of about 12 parcels scattered across the City are designated Commercial. Vacant land acreage designated Business Park far exceeds the combined Light Industrial and Commercial acreage. 10

21 Approximately 162 acres comprised of about 40 parcels are designated Business Park. Most of these parcels are concentrated in the Applegate area, but total only about one-third of the total land area within this designation. The other major Business Park area is within Castle Air Base and constitutes about half of the total area within this designation. At a conservative average annual absorption rate of 5.5 acres for non-residential uses, the current vacant land supply for such uses would be adequate for many years, assuming that market conditions that existed over the past 12 years, the timeframe over which non-residential absorption rate was averaged, will continue into the future. However, the adequacy of the available land supply to support new economic development is dramatically influenced by market demand for various types of commercial and business park related uses, land costs, locational priorities, and economic development project type variables that affect the decisions of project developers. While the existing Business Park land capacity is theoretically sufficient for many years, it would not be functionally and financially feasible to distribute the proposed Business Park uses, especially the 159 acres of proposed uses within Subarea 3 Ferrari Ranch, to existing vacant land designated Business Park. The proposed project includes major regional retail center and medical center components, as well as a regional park component. The retail and medical components are oriented to capturing regional market demand; local market demand would be a subset of total demand. The financial viability of the regional retail center especially, and to a degree, the regional medical center, is contingent on the availability of direct access from regional circulation facilities and on visual access to both uses. The new Atwater-Merced Expressway and its interchange with State Route 99 provide the requisite regional circulation access, which is not available to the Castle Air Base area and marginally to moderately available to the remaining vacant Business Park parcels. There is no visual access to the Castle Air Base land from the State Route 99, the dominant regional circulation facility. Visual access to the project site from State Route 99 is superior to that of most of the other remaining vacant Business Park parcels. The regional retail component of the proposed project is 109 acres in size and the synergy among its various use types is needed to enhance the economic viability of all uses. There are no existing vacant Business Park sites that are of sufficient size 11

22 to accommodate the assembly of proposed retail uses. Further, the potential to assemble multiple Business Park designated parcels under different ownership to create a developable area of sufficient size to accommodate the proposed regional retail uses is extremely low. Similarly, with the exception of the Castle Air Base site (which is locationally infeasible), it is unlikely that one parcel or an assembly of vacant parcels is available to accommodate the 30-acre regional medical center component. For the fundamental reasons summarized above, the City s existing non-residential vacant land supply is insufficient to accommodate the regional market oriented uses proposed within Subarea 3 Ferrari Ranch. The proposed project includes an additional 59 acres of Business Park development capacity within Subarea 2 Canal/Buhach. Given its location adjacent to existing residential uses and adjacent to the proposed major regional uses included in Subarea 3 Ferrari Ranch, it is likely that the market for this land will be for end uses that complement and capitalize on the adjacent regional uses. This differentiates the development potential for this area from that of existing vacant Business Park designated lands along State Route 99 and in the Applegate area, and completely differentiates it from end use types likely to consider locating within the Castle Air Base area. Consistency with General Plan Goals and Policies. Consistency with the remaining applicable General Plan goals and policies are addressed throughout this consistency analysis. GOAL LU-17. Ensure adequate fire protection for residents and businesses in the community. Policy LU Maintain the existing target response time of five minutes or less for emergency fire calls through adequate staffing, proper distribution of fire stations and equipment, and the use of automatic aid agreements. Consistency Analysis. Given the location of the project site is one to two miles from the existing Avenue Two fire station, response time should be adequate. Therefore, the project is consistent with this policy. 12

23 Policy LU Require all new development to contribute funding toward necessary fire facilities and equipment. Consistency Analysis. The City collects public facilities impact fees for both police and fire facilities from residential and non-residential development. The fiscal and economic impact analysis prepared for the project assumes that the future development within project site will result in increased need for fire protection services. The analysis includes costs for expanding fire service capacity commensurate with the project demand. Fair-share of these costs will be required by the City at the time individual projects are proposed within the project site. Therefore, the project would be consistent with this policy. GOAL LU-18. Ensure adequate law enforcement services for residents and businesses in the community. Policy LU Strive to maintain the City s standard of 1.20 police officers per 1,000 residents. Consistency Analysis. (Waiting for Tyna in the PD to provide the current number of police officers. The data in the fiscal analysis is nearly 7 years old). UU Census estimates as of July 2015, a population of 29,237. Policy LU Require all new development to contribute funding toward necessary law enforcement facilities and equipment. Consistency Analysis. The City collects public facilities impact fees for both police and fire facilities from residential and non-residential development. The fiscal and economic impact analysis prepared for the project assumes that the future development within project site will result in increased need for police protection services. The analysis includes costs for expanding police service capacity commensurate with the project demand. Fair-share of these costs will be required by the City at the time individual projects are proposed within the project site. Development within the project area will be required to pay the applicable fees. Therefore, the project would be consistent with this policy. GOAL LU-23. Develop a comprehensive strategy for parkland acquisition, construction, and maintenance which meets the community s adopted standards for recreation facilities. 13

24 Policy LU Strive to maintain or exceed a minimum standard of 3.0 acres of public park land per 1,000 population. Consistency Analysis. The City has a 2016 estimated population of 30,061. The City currently has about 77 acres of developed parkland. Per this policy the park land demand is 90, and the shortfall is 13 acres. As described in the previous consistency analysis for Policy LU-9.2, the shortfall is 110 acres the standard contained in the City of Atwater Parks, Recreation & Open Space Mater Plan of 6.25 acres of park land per 1,000 residents is considered and the proposed project would not create an increase in demand for park land. The Ferrari Ranch PDMP illustrates that 20.4 acres of land within Subarea 3 Ferrari Ranch have been reserved for a regional park. However, the Ferrari Ranch project applicant has not proposed to dedicate the park site to the City or fund improvements to the park. Therefore, for purposes of this analysis, it is not assumed that the proposed project will provide park and recreation resources that help off-set the City s existing park land deficiency. Nevertheless, the proposed project is providing an opportunity for the City to improve its park land inventory and for this reason, is considered consistent with this policy. Policy LU Ensure that park and recreation facilities are distributed equitably throughout the community. Consistency Analysis. The project includes provisions for a 20.4-acre regional park. Therefore, the project is consistent with the intent of this policy. Circulation Element GOAL CIRC-1. Maintain adopted Level of Service (LOS) for City streets and intersections. Policy CIRC-1.1. Establish and maintain a minimum LOS of D for all arterial and collector streets within the City. Consistency Analysis. Buildout of the project site would cause roadway segments (as well as intersections) within the City to operate at unacceptable levels of service (below LOS D). However, the EIR includes numerous mitigation measures whose implementation will assure that roadways which are or will be under the control of 14

25 the City with approval of the proposed project will operate at an acceptable level of service. Policy CIRC-1.4. Develop the City s roadway system in conformance with the planned roadway system shown on the Circulation Plan (Figure 3-7) and the City s adopted cross section standards. Consistency Analysis. With the exception of the Atwater-Merced Expressway (Castle Parkway), there are no planned roadways within or adjacent to the project site that are shown on Figure 3-7 of the General Plan. The City will require all roads developed associated with the project to be consistent with the City s adopted cross section standards. GOAL CIRC-2 Creation of a comprehensive financing strategy for local roadway improvements. Policy CIRC-2.2. Provide fair share City funding for regional transportation improvements at a level equal to the contribution of Atwater-generated traffic on the roadway or intersection. Seek regional, state, or other funding for improvements whose need is generated by traffic originating outside Atwater. Consistency Analysis. The City collects development impact fees for both traffic and circulation and traffic signals and opticons from residential and non-residential development. Development within the project site will be required to pay the applicable fees. Additionally, the EIR identifies numerous transportation-related improvements that are not covered by the City s development fee program. Mitigation measures are included in the EIR that require developers of future projects within the project site to contribute fair-share fees for improvements that are not addressed in the City s development fee programs. The applicant s proposed development agreement includes a transportation improvement plan which identifies fair-share costs for the improvements. Therefore, the proposed project would be consistent with this policy. GOAL CIRC-5 Provide sufficient parking for all commercial, industrial, residential, and other uses, either off-street or on-street as appropriate. 15

26 Policy CIRC-5.1 Require that all new development provides sufficient on- or offstreet parking to meet the standards of the City s Zoning Code or any other applicable planning document (such as the Downtown Specific Plan). Consistency Analysis. The Ferrari Ranch PDMP indicates that parking will be provided consistent with the requirements of the Atwater zoning ordinance. City staff will review future individual development projects proposed within all portions of the project site to ensure that adequate parking is provided. Therefore, the project would be consistent with this policy. GOAL CIRC-6 Ensure convenient and affordable public transit for all Atwater residents to destinations within the City and to nearby communities and destinations, such as UC Merced. Policy CIRC-6.1. Cooperate with Merced County Transit to provide bus service in all areas of Atwater. Consistency Analysis. There are no existing transit facilities or bus routes that operate in the immediate vicinity of the project site as demand is insufficient to warrant such service. As the project site builds out, demand for transit will increase. The need to provide transit facilities to meet local and regional policy directives aimed at reducing vehicle miles traveled and vehicle trips numbers will grow. Future development within the project site would be inconsistent with this policy if actions to promote transit use by end uses within the project site that are within the control of project developers and end users are not implemented. Regarding Subarea 3 Ferrari Ranch, neither the PDMP nor the vesting tentative map specify what or where transit facilities will be provided. However, the PDMP does identify on page 24 that transit stops will be provided within that subarea based on future consultation with the Merced County Transit Authority. To ensure that transit facilities are provided throughout the project site as demand warrants and ridership programs are designed and implemented to meet City and MCAG policy directives, the EIR includes a mitigation measure that requires future developers of individual projects within the project site to consult with the Merced County Transit Authority to identify the need, location, and standards for constructing transit facilities within their respective project boundaries. Transit facilities (bus pull outs, shelters, stops, signage, etc.) shall be provided such that facilities and safe 16

27 pedestrian and bicycle access to them are located within one-quarter mile of all uses within the project site that generate demand for transit use. With implementation of this mitigation measure, the project would be consistent with this policy. Policy CIRC-6.3 Require new development to provide right of way and construct shelters for bus stops as determined to be necessary by the City of Atwater and the Merced County Transit. Consistency Analysis. See consistency analysis discussion associated with Policy CIRC-6.1 above. GOAL CIRC-7 Development of an interconnected system of bikeways and trails throughout Atwater. Policy CIRC-7.1. Consider bicycle circulation in the review of all proposed public and private development and infrastructure projects. Require that all public and private projects conform with the adopted Regional Bike Plan. Consistency Analysis. The 2008 Merced County Regional Bicycle Transportation Plan (City of Atwater Bikeway Map) does not show any proposed bike paths or bike lanes in the vicinity of the project site. Therefore, the Regional Bike Plan does not appear to be relevant to the proposed project. However since adoption of the 2008 plan, a Class I bike path has been constructed along the west side of Canal Creek, in the neighborhood immediately north of the project site. The proposed General Plan map amendment includes removal of the Path designation along Canal Creek running in a north-south direction and through the center of the project site running in a general east-west direction. Elimination of the Park designation running in an east-west direction is justified as the Atwater-Merced Expressway now bisects this Park designation. However, staff is recommending that the Park designation along Canal Creek remain. The Ferrari Ranch PDMP identifies that bicycle lanes will be provided along Green Sands Avenue and Gurr Road. The Ferrari Ranch vesting tentative map confirms this plan and the EIR includes mitigation to ensure that these lanes will be provided along the entire frontage of the project site with these two roadways. 17

28 With the retention of the Park designation along Canal Creek, the plans submitted for Ferrari Ranch, and the mitigation measure included in the EIR, the project would be consistent with this policy. GOAL CIRC-8 Provide a safe and efficient pedestrian circulation system which connects residential areas, schools, and commercial areas with parking lots and public transportation. Policy CIRC-8.1. Require new public and private development and infrastructure projects to include sidewalks or on-site pedestrian features. Consistency Analysis. According to the PDMP, all perimeter roads that surround the PDMP will be designed with bike lanes. Sidewalks are required along both sides of all arterials and streets. Sidewalks will typically be separated from vehicular and bicycle traffic by means of a planter street at least eight (8) feet wide. Sidewalks will be a minimum of five (5) feet wide on arterials and streets. Proper ADA standards will be met at intersections for pedestrian crossing. Other sidewalks located within the individual parcels will be the responsibility of the individual parcel owner/developer. All ADA requirements apply. Future development within other portions of the project site will be required to provide pedestrian facilities consistent with this policy. City staff will assure that such provisions are made at the time individual development applications are submitted. Therefore, the project would be consistent with this policy. Policy CIRC-8.2. Ensure that pedestrian circulation within commercial development projects is considered and that safe walkways separated from parking stalls and drive aisles are provided. Consistency Analysis. The Ferrari Ranch PDMP encourages pedestrian access through the use of walkways and landscaped alleys between the blocks of retail shops from the parking courts. Details will be provided in future detailed final development plans for future individual projects within the PDMP boundary. Future commercial development within other portions of the project site will be required to provide pedestrian facilities consistent with this policy. City staff will 18

29 assure that such provisions are made at the time individual development applications are submitted. Therefore, the project is consistent with this policy. Open Space and Conservation Element GOAL CO-3. Strive to reduce air emissions and obtain goals set in local and regional air quality attainment plans. Policy CO-3.2. Encourage land use development projects that would result in fewer adverse air quality impacts, such as mixed use and pedestrian-oriented projects. Consistency Analysis. The proposed project includes a wide mix of uses including retail/commercial, recreation facilities, medical facilities, and residential. With this mix and provision of pedestrian, bicycle, and transit facilities are proposed and required, the project is consistent with this policy. GOAL CO-5. Minimize impacts of future development on sensitive habitats. Policy CO-5.1. Where feasible, avoid development in areas identified as sensitive habitat. Where avoidance is not feasible, apply mitigation measures to development projects to minimize impacts to sensitive habitats. Consistency Analysis. The project site does contain some sensitive habitat including a seasonal marsh at the northeast corner of the project site and Canal Creek, which bisects the project site in a north-south direction. The EIR addressed sensitive biological resources and identified mitigation measures to ensure adverse impacts are less than significant. With implementation of these mitigation measures, the project would be consistent with this policy. GOAL CO-7. Manage and efficiently use energy resources available to the City. Policy CO-7.1. Encourage the incorporation of energy conservation features into new development, such as highdensity development, bikeways and pedestrian paths, proper solar orientation, and transit routes and facilities. 19

30 Consistency Analysis. The EIR evaluated the proposed project s greenhouse gas emissions impact on climate change. The applicant has incorporated the following measures into the project description. These measures will be included as conditions of approval for individual development projects within the project site. For the Ferrari Ranch project, the conditions will be attached to the Ferrari Ranch VTM. In addition to the conditions, the EIR includes two mitigation measures that will reduce vehicle miles traveled and require installation of solar carports within the medical center included in the Ferrari Ranch PDMP. 1. Pedestrian barriers minimized - to improve pedestrian movement and accessibility within the project area and connectivity to adjacent roads and land uses as a means to encourage non-automobile access to the site and reduction in vehicle use. Project designs include designated pedestrian routes interconnecting all site entrances, primary building entrances, public facilities, and adjacent uses to existing external pedestrian facilities and streets. Pedestrian routes have minimal conflict with parking and automobile circulation facilities. Streets (with the exception of alleys) within the project have sidewalks. All sidewalks internal and adjacent to project site are minimum of five feet wide. Sidewalks feature vertical curbs or planting strips separating the sidewalk from the parking or travel lane. Pedestrian facilities and improvements such as grade separation, wider sidewalks, and traffic calming are implemented wherever feasible to minimize pedestrian barriers (mobile) (commercial, medical, business park). 2. Bus shelter for planned transit service facilitate use of transit in-lieu of passenger vehicles and trucks (mobile) (commercial, medical, business park). 3. Pedestrian pathway through parking - improve pedestrian movement and accessibility within the project area and connectivity to adjacent roads and land uses (mobile) (commercial, medical, business park). 4. On-site renewable energy systems install solar photovoltaic or other renewable energy source to generate at least 12.5 of the electrical energy demand required for new development. This source replaces energy from the electricity grid that is produced in large part from fossil fuels (energy) (commercial, medical, business park). 20

31 Note that on-site renewable energy is not assumed for inclusion in new residential infill development within Subarea 1 Station/Manchester. 5. Energy Star roof materials use roofing materials that reduce heat absorption, thereby reducing internal building temperatures, and reducing demand for energy for building cooling (energy) (commercial, medical, business park). 6. Exceed Title 24 requirements by 20 percent - reduce energy demand from new buildings above and beyond that required by Title 24 regulations (energy) (commercial, medical, business park). Note that on-site renewable energy is not assumed for inclusion in new residential infill development within Subarea 1 Station/Manchester. 7. Non-roof surfaces shade within five years and/or use high reflectance materials and/or open grid pavement to cover at least 30 percent of each development site s non-roof, impervious area (e.g. parking lots, walkways, etc.) to reduce heat absorption and reduce building energy demand (energy) (commercial, medical, business park). With implementation of these conditions and mitigation measures, the project would be consistent with this policy. GOAL CO-9. Protect and enhance historical and culturally significant resources within the Planning Area. Policy CO-9.1. Ensure consideration and proper handling of prehistoric, cultural, and archaeological resources during the development process. Consistency Analysis. The EIR addressed potential impacts to historical and culturally significant impacts. Mitigation measures were included in the EIR to ensure that any impacts, should they occur, would be less than significant. With implementation of these mitigation measures, the potential impact would be less than significant. GOAL CO-10. Enhance and protect the scenic resources within the City. 21

32 Policy CO Utilize landscaping and other features to enhance and beautify major streets and gateways into and through the City. Consistency Analysis. Landscaping of the Atwater-Merced Expressway right-of-way, including the improved section of SR 99 itself, is the responsibility of Merced County (and eventually Caltrans). The applicant proposes complementary landscaping for the Ferrari Ranch regional retail, medical and sports complexes. Conceptual landscaping is presented in PDMP in Figure 3, Illustrative Master Plan; Figure 4, Retail and Medical Illustrative Plan; Figure 5, Western Portion Conceptual Development Plan; Figure 10, Town Center Illustrative Plan; Figure 11, Conceptual Regional Medical Complex; and Figure 15b, Illustrative Landscape Plans Typical Section. Additionally, the vesting tentative map identifies landscape areas within the proposed road sections. Detailed landscape plans must be submitted with each final development plan for individual future projects proposed within the PDMP boundary. Therefore, the PDMP component of the proposed project would be consistent with this policy. Future development within the remainder of the annexation area would be subject to design guidelines that are in place at the time individual project applications are submitted to the City for review and consideration. City staff would review the consistency of the individual projects with this policy at that time. Policy CO-10.2 Avoid excessive signage and other features which could detract from the scenic quality of prominent circulation routes. Consistency Analysis. The CDMP states that when a detailed development plan is submitted, it will include a master signage program (MSP) with the Ferrari Ranch project logo for monument signs, directional signs, address signs, wall signs, post signs, tenant identification signs, etc. The MSP will be a condition of project approval and subject to review and approval by staff and the Planning Commission to ensure the proposed signs are not excessive. Therefore, this project would be consistent with this policy. Seismic and Public Safety Element GOAL SF-3. Prohibit activities which could result in ground subsidence. 22

33 Policy SF-3.1. Require all project applications that propose extraction of groundwater to include a report evaluating the potential for subsidence. The report shall discuss appropriate mitigation measures to reduce the potential for subsidence. Consistency Analysis. Buildout of the project site would increase groundwater demand by about 33 percent or approximately 165 acre feet per year over historic agriculture use. The City of Atwater has adopted the regional Merced Integrated Regional Water Management Plan (2013), which includes an objective to correct groundwater overdraft conditions and reduce groundwater subsidence. The plan includes strategies that reduce dependence on groundwater either through the creation of new supplies or through water use reduction can reduce reliance on the groundwater basin and avoid further subsidence. Water use efficiency strategies that reduce overall water demand can also assist in reducing overdraft of the basin. Therefore, through its participation in solutions identified in the regional water management plan, the City is taking measures to reduce groundwater extraction and groundwater subsidence. GOAL SF-4. Avoid damage to persons and property resulting from flooding. Policy SF-4.1. Restrict development within the 100-year floodplain in a manner that effectively prevents damage to persons and property. Consistency Analysis. Development within portions of Subarea 2 Canal/Buhach and Subarea 3 Ferrari Ranch would occur within Special Flood Hazard Areas designated by FEMA. For flood hazard impacts to be avoided or reduced to less than significant, new development within Subareas 2 and 3 must be consistent with applicable flood hazard regulations/development standards. The City s flood management regulations and potentially the state Urban Level of Flood Protection regulations may apply. However, because FEMA has not mapped precise flood elevations or extent within the project site, a detailed flood study must be conducted to determine flood zone boundaries and depth, which in turn, will enable a determination regarding which flood hazard reduction regulations must be implemented by future development. The EIR contains three mitigation measures designed to ensure that future development within subareas 2 and 3 is designed to prevent damage to persons and property. With implementation of the mitigation measures, the proposed project would be consistent with this policy. 23

34 GOAL SF-7. Prevent activities that contribute to increased wind erosion. Policy SF-7.1. Require all projects that involve grading or other earth moving activities to implement dust control measures to reduce dust emissions. Consistency Analysis. Conditions will be applied to future individual development project approvals to ensure that dust control measures to reduce dust emissions will be implemented. Therefore, the project would be consistent with this policy. Policy SF-9.1. Require new development projects which produce, store, utilize, or dispose of significant amounts of hazardous materials or waste to incorporate appropriate stateof-the-art project designs and building materials to protect employees and adjacent land uses. Consistency Analysis. Conditions will be placed upon applicable future individual development project approvals (such as the medical facility) to ensure that hazardous waste will be disposed of in accordance with state and federal laws. Therefore, the project would be consistent with this policy. Noise Element GOAL NO-1. Protect residents from the harmful and annoying effects of exposure to excessive noise. Policy NO-1.2. Require that an acoustical analysis be submitted for new development in locations where exterior and/or interior noise levels will likely exceed the City s noise standards, so that appropriate mitigation measures can be determined. The analysis must comply with the guidelines identified in Table 6-1 [of the noise element]. Consistency Analysis. An environmental noise assessment was prepared for the project in association with the EIR. The assessment concluded that the project would result in significant noise impacts, most of which can be mitigated through implementation of mitigation measures. One impact, noise along Gurr Road (from Green Sands Avenue to Ashby Road) and along Avenue Two (from Santa Fe to 500 feet west of Santa Fe Drive) cannot be mitigated to a less than significant level, even 24

35 with implementation of identified mitigation measures. However, the increased noise levels are conditionally acceptable since feasible mitigation can and will be implemented. Therefore, the project would be consistent with this policy. GOAL NO-2. Protect residents from exposure to excessive transportation related noise. Policy NO-2.2. Utilize Table 6-5 as a general guide when considering the feasibility of new development with respect to existing and future transportation noise levels. Noise levels should be measured from the outdoor activity area of each specified use. Consistency Analysis. See the consistency analysis associated with Policy NO-1.2 above. The project would be consistent with this policy. Policy NO-2.3. Prevent new development of noise-sensitive land uses in areas exposed to existing or projected levels of noise from transportation sources which exceed the levels specified in Table 6-6, unless the project design includes effective mitigation measures to reduce interior and exterior volumes to the levels specified in that table. Policy NO-2.4. Mitigate noise created by new transportation noise sources consistent with the levels specified in Table 6-6 in outdoor activity areas or interior spaces of existing noisesensitive land uses. analysis when noise-sensitive land uses are proposed in areas exposed to existing or projected exterior noise levels exceeding the levels specified in Table 6-6 so that noise mitigation may be included in the project design. Consistency Analysis. Noise impact to on-site noise sensitive land uses were evaluated in the EIR. Significant impacts can and will be mitigated to a less-thansignificant level. With implementation of identified mitigation measures, the project would be consistent with this policy. 25

36 Economic Development Element GOAL ED-1. Attract new employment generating businesses to the Atwater Planning Area and continue to diversify the community s economic base. GOAL ED-3. Reduce the occurrence of retail sales leakage to other communities. Policy ED-3.1. Provide opportunities for a full range and scale of retail development within Atwater. Implementation Program ED-3.b. Pursue annexation of the Castle Parkway and Westside areas. Consider the preparation of Specific Plans that emphasize retail commercial development for both locations. Consistency Analysis. The project site is located in the Castle Parkway area identified in the General Plan. The Ferrari Ranch PDMP includes a 100-acre regional town center. The retail complex is divided into four primary developments (See Figure 4 Retail and Medical Illustrative Plan, of the PDMP). On Green Sands Avenue there will be a potential mix of dine in and drive through restaurants, a neighborhood grocery, drug and pharmacy, and supporting commercial and retail shops such as hair salons, dry cleaners, coffee shops, liquor store, and other ancillary retail uses. The core of the retail complex will be the regional town center flanked by supporting parking, a cinema complex, hotel, and peripheral retail and commercial uses. The southern portion will be held for a regional warehouse larger scale type retailer. Potential tenants could include home improvement supply, regional commercial warehouse, specialty retail including sporting goods and recreational supplies, and similar types. Overall this regional center is expected to include over 1.57 million square feet of commercial and retail space not including the cinema and hotel. The project fiscal impact report anticipates that at full build out over 2,900 people will be employed within the retail complex area. Subarea 2 Canal/Buhach, would be designated Business Park with approval of the applicant s proposed general plan amendment. This land use designation allows commercial uses whose development would be consistent with the policy and implementation measure. Similarly, expansion of existing commercial uses located within Subarea 1 Station/Manchester, is anticipated as the remainder of the project site builds out. 26

37 City staff has determined that the PDMP zoning accomplishes the objective of addressing land use, infrastructure, and resources associated with the project and project site. Therefore, the applicant was not required to prepare a specific plan as part of the entitlements being sought at this time for future development of Subarea 3 Ferrari Ranch. There are no specific development proposals being made at this time for properties within the remaining subareas. At the time individual landowners within these subareas make application to the City for development, City staff will determine whether a specific plan is required for their individual projects. This will assure that such development is consistent with this policy and implementation program. 27

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