Agenda Item No. October 14, Honorable Mayor and City Council Attention: David J. Van Kirk, City Manager

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1 Agenda Item No. October 14, 2008 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: David J. Van Kirk, City Manager Scott D. Sexton, Community Development Director ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING A NEGATIVE DECLARATION AND ADOPTING THE ZONE CHANGE TO APPLY THE SPECIAL STANDARDS OVERLAY (SS-10) ZONE TO THE PROPERTY AT BENNETT HILL COURT DISCUSSION: This project involves a request for a zoning change to apply a Special Standards Overlay District to two parcels located at 261 & 267 Bennett Hill Court. The zone change request would be consistent with the Redevelopment Agency Board s action to evaluate this site as a potential relocation site for the Opportunity House homeless shelter from its current location on Catherine Street in downtown Vacaville. In addition, the relocation of the Opportunity House Shelter would allow the Redevelopment Agency to implement one aspect of the Opportunity Hill Master Plan and provide for construction of a new office building on the site which includes the property where the homeless shelter is currently located. The zone change involves applying a Special Standards Overlay District (#10) to the property which is currently zoned RH Residential High Density, such that the zoning for the property would be RH (SS10). The Special Standards Overlay zone district details the standards for adding social service facilities as a permitted use within the current buildings on this site. Identifying the use as a permitted use allows the City to show progress to the State on the City s provision of adequate sites for shelters within Vacaville. The site is currently developed with an 8-unit apartment complex. The Special Standards Overlay zone is necessary in order to allow a social service facility, specifically the emergency homeless shelter use, to locate within the RH zone at that site. Standards addressed in the proposed overlay zone include the uses allowed in the district, facility development standards, parking standards, landscape standards, and outdoor recreation space standards. Planning Commission Action: On September 16, 2008, the Planning Commission held a public hearing on the proposed project. The current manager of the Opportunity House shelter spoke in favor of the rezoning request. The Planning Commission voted 7-0 to recommend that the City Council adopt the proposed zone district. 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 and evaluation of the proposed uses and development standards for projects in the proposed special standards zone, the Initial Study concludes that the project will result in a less-than-significant effect on the environment. The proposed Negative Declaration was published on August 22, 2008 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.

2 If the rezoning request to apply the Special Standards Overlay District is approved then the Redevelopment Agency staff anticipates filing a Design Review application for the conversion of the 8-unit apartment complex into the emergency homeless shelter. The conversion would involve remodeling the building to create approximately ten (10) bedrooms capable of housing four persons each on the ground floor and on the upstairs level four (4) two bedroom apartment units would be provided for use as affordable rental housing or for transitional housing. This remodel would require substantial interior modifications to the building to create these rooms out of the space that is currently built as four separate apartment units. The project would be expected to include construction of a new community room at one end of the building to serve as a combined kitchen, dining hall, and living room for use by residents. There would be offices to house administrators in the ground floor, and space in the common room would also be used as a meeting space or classroom type space where training in various subjects would be available at times to residents of the center. The specific operating characteristics of the center would be subject to review under the subsequent Design Review and building permit applications once the zone change has been adopted (see the conceptual operating rules for the homeless shelter in Attachment C, Planning Commission staff report). A neighborhood meeting was held June 11, 2008 for the residents and owners within a half mile of Bennett Hill Court. After a presentation by staff and discussion by Vacaville Social Services Corporation regarding the programs offered from Opportunity House, there were no negative responses and several of the neighbors were appreciative of the revitalization strategy within the neighborhood. Additionally, several of the property managers committed to working together to solve some other neighborhood based concerns regarding garbage. RECOMMENDATION: By title only, to introduce the Ordinance approving a Negative Declaration and Adopting the Zone Change to Apply the Special Standards Overlay (SS-10) Zone to the Property at Bennett Hill Court Attachments: A. Proposed Zone Change Map B. Planning Commission Record (including) 1) September 16, 2008 Planning Commission Packet 2) Planning Commission Minutes of September 16, 2008

3 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING A NEGATIVE DECLARATION AND ADOPTING THE ZONE CHANGE TO APPLY THE SPECIAL STANDARDS OVERLAY (SS-10) ZONE TO THE LAND LOCATED AT BENNETT HILL COURT WHEREAS, the Planning Commission of the City of Vacaville conducted a duly noticed public hearing on September 16, 2008, regarding the proposed Negative Declaration and rezoning request, 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 October 14, 2008, to consider a request for approval of a Negative Declaration and Rezoning for the Opportunity House Special Standards Overlay zone described as follows: Located at Bennett Hill Court (APN & 130) 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 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 Opportunity House Special Standards Overlay Zone 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 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 Opportunity House Special Standards Overlay

4 Zone (SS-10), 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 High Density Residential (RH) to High Density Residential Special Standards Overlay 10 (RH-SS-10) for lands located at Bennett Hill Court, 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 social services facilities that are complimentary to each other; 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 and residential social services are considered compatible and will be supported by the surrounding land uses for services; 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 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; 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 social services 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.

5 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 14th day of October, 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

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