Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Consideration of an Ordinance rezoning 7.83 acres of vacant land located at the northeast corner of the intersection of Alder Avenue and Gravenstein Highway (APNs 144-050-009 &0 46-286-021) from Commercial, Gravenstein Corridor:
Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG) (PA# 23-08)
Date: June 13, 2023
Written by: Jon-Paul Harries, Senior Planner
Recommendation
It is recommended that the City Council move to introduce an ordinance rezoning 7.83 acres of vacant land located at the northeast corner of the intersection of Alder Avenue and Gravenstein Highway (APNs 144-050-009 &0 46-286-021) from Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG).
Background
The Community Development Department staff propose to rezone 7.83 acres of vacant land located at the northeast intersection of Alder Avenue and Gravenstein Highway (Highway 116) from Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG). The action would eliminate the current project-specific zoning that was created to accommodate a former unconstructed planned unit development (PUD) and restore the historic CG zoning.
On June 13, 2007, the City Council approved a mixed-use development project on 7.83 acres of unaddressed vacant land located at the northeast corner of the intersection of Alder Avenue and Gravenstein Highway (Highway 116). The project, called the “Village at Cotati Commons,” included 43 small lot detached residences, three two-story commercial/office buildings, a pool and recreation building, and a park. The approved entitlements associated with the project included adoption of a CEQA document, a Vesting Tentative Subdivision Map, Design Review, and an Ordinance (see Exhibit A) that rezoned the property from Commercial, Gravenstein Corridor (CG) to Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD).
In 2008, progress on implementing the project was put on hold due to the impact the nationwide financial crisis had on housing and office space demand. Since then, the City approved several extensions of the subdivision map and reapproved the design review entitlement in 2019.
However, currently both the Design Review approval and the Vesting Tentative Map have expired, and the project proponent has indicated that they do not wish to pursue the project.
While the subdivision map and design review approval have expired, the PUD zoning was created through a legislative act of the City Council and does not expire. The CG:PUD zoning can only be amended or eliminated by an ordinance of the City Council.
Figure 1: Rezone Map
Analysis/Discussion
As noted above, the site is currently zoned CG:PUD because it was rezoned as part of the City’s approval of a proposed PUD. PUDs are both a type or form of development and a zoning classification. PUDs allow for the mixing of uses and alternative development standards that otherwise may not be permitted. As shown in Exhibit A, Ordinance 799 defined very specific zoning and development standards for the subject property that were tailored to the old “Village at Cotati Commons” project. These standards included the precise number of residential units and commercial buildings, the number of lots, the amount of land coverage, differing yard setbacks and structure heights for the various buildings, parking requirements, landscape standards, energy efficiency measures, street and parking lot design standards, and allowable uses.
The PUD zoning restricts the type of development that can allowed on the site because the PUD zoning creates very defined development standards that are tailored to a specific project. If an approved PUD is not constructed, it is in the City’s interest to remove the project-specific PUD zoning and restore the underlying zoning so that the property can be developed in the manner envisioned by the General Plan. The Cotati General Plan identifies the land use of the property as General Commercial (GC). The General Commercial land use designation provides for basic business and service needs of the local community, including shopping centers, neighborhoodoriented retail, and highway-oriented commercial uses. Office and mixed-use multifamily residential land uses are also appropriate in the General Commercial district.
City of Cotati 2023-2031 Housing Element Update
In March 2023, the Cotati City Council adopted the 2023-2031 City of Cotati Housing Element Update. The Housing Element, which is a component of the Cotati General Plan, is a detailed statement of the housing goals, policies, programs, and quantified objectives for the City. A significant required piece of the Housing Element is the identification of suitable and adequate sites with capacity to fulfill the City’s fair share of regional housing needs, as determined by the Association of Bay Area Governments’ (ABAG) Regional Housing Needs Assessment (RHNA).
Section 3.2.2 of the updated Housing Element identifies the subject site as a pending housing development site (Cotati Village). The updated Housing Element further notes that to facilitate development of this site, the City is committed to rezoning the site to remove the unused PUD designation and return it to its original CG designation. This commitment also furthers Housing Element Program 2-7: Support Development of Proposed Projects.
Planning Commission – May 15, 2023
The Planning Commission reviewed the proposed zoning change at a well-attended noticed public hearing on May 15, 2023, and voted (3-2) to recommend City Council adoption of the Ordinance to rezone the property from CG:PUD to CG (see Exhibit B). The primary discussion points were in response to the comments raised by neighbors of the property that live within the Cotati Cottages development to the north. The neighboring residents that spoke at the meeting were unanimous in their opposition to the rezoning ordinance and cited several reasons:
1. Disappointment that the former Village at Cotati Commons project was not constructed.
Several people noted that the promise of the project, including its park and recreation facilities, contributed to their decision to purchase property in the Cottages development.
2. Concerns with the developer and existing parking easements.
3. Concerns over the proposed density and housing product (single family homes vs. apartments) of a project on the site that the City is currently reviewing.
4. Concerns about traffic and parking impacts from the remodeled commercial buildings at the northwest corner of the intersection of Alder and Gravenstein Highway, as well as any future project that would exceed the density of the former Village at Cotati Commons project.
In response, staff noted that the City cannot force construction of a previously entitled project and that the City committed to removing the PUD zoning in its Housing Element. Any future project would need to conform to the standards for CG zoning, which would be the same standards as all the surrounding properties. Staff also noted that City staff were still reviewing a proposed project on the site and that the project itself was not on the agenda for discussion or consideration. Staff did note that they were aware of and shared some of the concerns raised by the neighbors, and that those items were being reviewed and discussed with the developer.
Financial Considerations
The zoning change does not have a fiscal impact on the City. Staff time to prepare the zoning change was absorbed into the operating budget for the Community Development Department.
Any costs associated with the review and entitlement of a proposed project on the site will be completely covered by the project applicant.
Environmental Issues
Rezoning Assessor’s Parcel Numbers 046-286-021 and 144-050-009 from CG:PUD to CG does not alter the General Commercial Land Use Designation of the property and allows the property to be developed as envisioned in the General Plan. The action is therefore consistent with the General Plan and the Environmental Impact Report (EIR) prepared for the Cotati General Plan, adopted on March 24, 2015. The zoning change is also in conformance with specific goals and action items identified in the 2023-2031 Housing Element Update and is therefore consistent with the Addendum to the General Plan EIR in connection with the 2023-2031 Housing Element Update (SCH# 2013082037), adopted by the City Council on March 28, 2023. Pursuant to Section 15168 of the California Environmental Quality Act (CEQA) Guidelines, no further environmental review is required. Any future proposed development of the site would be subject to a project-level CEQA review.
Attachments:
Exhibit A - Ordinance 799 (PDF)
Exhibit B - PC Resolution PC-2023-6 (PDF)