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Conduct a noticed Public Hearing to consider Rezoning Petition No. Z-16-01 to rezone 16+ acres (Pokrajac Properties) from Rural Residential (RR-5), Exclusive Agriculture (A-20) and Neighborhood Commercial (C-N) to Highway Commercial (C-H) and Commercial Service (C-S); Adopt the Negative Declaration; and Adopt an Ordinance amending the Zoning Map to Rezone the Pokrajac Properties (the property is located at I-505, Hartley and Midway Road adjacent to the boundaries of the City of Vacaville)
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Published Notice Required? Yes _X___ No _ _
Public Hearing Required? Yes __X__ No _ _
DEPARTMENTAL RECOMMENDATION:
It is recommended that the Board of Supervisors:
1) Waive reading of rezoning ordinance,
2) Conduct a public hearing on rezoning Petition No. Z-16-01
3) Adopt the Negative Declaration prepared for the Pokrajac Properties, and
4) Adopt the ordinance Rezoning the Pokrajac Properties, encompassing 16+ acres, from Rural Residential (RR-5), Exclusive Agriculture (A-20) and Neighborhood Commercial (C-N) to Highway Commercial (C-H) 2+ acres and Commercial Service (C-S) 13+ acres.
SUMMARY
The properties covered under the rezoning petition were designated Highway Commercial and Service Commercial upon adoption of the 2008 General Plan. The zoning districts under this rezoning request would bring the zoning into consistency with the underlying General Plan designations. There is no development proposed at this time. The properties have I 505 frontage and freeway access at the Midway intersection.
The property is located adjacent to the boundaries of the City of Vacaville and because Midway Road is a City of Vacaville maintained road, the project proponent has agreed to comply with the City of Vacaville’s Gateways Plan (see Appendices in the Draft Negative Declaration - Attachment B-3) for the portion of the property that is being rezoned to Highway Commercial. Also, the developer of the property will have to enter into an agreement with the City of Vacaville regarding road improvements to Midway Road at the time development is proposed. Details of the project may be found in the Planning Commission staff report (Attachment B).
DISCUSSION
The applicant is requesting a rezoning of approximately 16+ acres to align the zoning designations for the property with the current General Plan designations of the property. Currently the property is under four zoning designations - rural residential, exclusive agriculture, neighborhood commercial and highway commercial. The current General Plan designations are Highway Commercial and Service Commercial. The applicant is proposing to rezone the properties eliminating the rural residential, exclusive agriculture and neighborhood commercial zoning designations in order to be consistent with the Solano County General Plan. There is existing property zoned highway commercial (CH) which is not part of this application.
The project site is mostly vacant land with several storage containers on-site being used for storage of tools and materials to maintain the property. The majority of the property is flat with a berm running north/south near Hartley Road. The center of the property was used as a materials borrow pit to construct the Interstate 505 and Midway Road overpass. There are no proposed uses or development associated with the rezoning request at this time.
The applicant has also requested a parcel merger to merge the irregular shaped parcels along Hartley Road into the larger parcel to the east. These irregular shaped parcels are part of a former railroad right-of-way. The parcel merger is processed as a Certificate of Compliance which is a ministerial action and thus does not require Board action. The rezoning request and parcel merger is to both clean-up the boundaries and further consistency with the General Plan as the property is difficult to market with the multiple zoning designations.
The applicant is requesting a rezoning of the subject parcels to bring the site into conformance with the General Plan designation thus making the project consistent with the General Plan of Solano County. The 2008 General Plan designations of Highway Commercial and Service Commercial established that the future development of the Project site would be commercial land uses. An Environmental Impact Report (EIR) for the General Plan was prepared, reviewed, and adopted by the Solano County Board of Supervisors and the voters of Solano County approved the General plan in November of 2008.
One of the implementation programs described in the County’s General Plan includes creating and adopting Gateway Design Guidelines for properties located in the unincorporated areas but adjacent to city boundaries. The Gateway Design Guidelines are to be drafted with the assistance of each city, and be consistent with that city’s adopted commercial and/or industrial guidelines. However, since the County’s Gateway Design Guidelines for this project area have not been written, staff is recommending that all new commercial uses in this area be subject to Architectural Review. This would include both allowed by-right uses and uses permitted with a conditional use permit. As mentioned above, the portion of the property being rezoned that fronts Midway Road will be subject the City of Vacaville’s Gateway Plan. Future subdivision or development of the project site will also be subject to consistency determination with the General Pan and Zoning Regulations.
On June 1, 2017 the Solano County Planning Commission conducted a public hearing on the Pokrajac Properties project, which includes a Negative Declaration and Rezoning Petition to rezone 16+ acres from Rural Residential (RR-5), Exclusive Agriculture (A-20) and Neighborhood Commercial (CN) to Highway Commercial (CH) and Service Commercial (CS). After staff presentation and applicant’s comments, the Commission took testimony from three speakers, hearing their concerns of losing the rural character of their neighborhood and the addition of new commercial uses. At the conclusion of the hearing, the Commission took action to recommend approval of the requested entitlement described above. The Commission’s vote was 5-0.
Environmental Review
Per the California Environmental Quality Act (CEQA), a draft Negative Declaration was prepared and circulated for review for 30 days (Attachment B-2 & B-3). Two comment letters were received and are attached (Attachment B-7). The comment letters reflected concern over loss of rural aspects of the property and area which are not environmental issues.
FINANCIAL IMPACT:
This request has negligible impact to the General Fund. The applicant has paid the costs associated with this rezoning petition.
PUBLIC HEARING NOTICE:
In accordance with Solano County Zoning Regulations, notice of a public hearing was published at least 15 days before the scheduled hearing in the Fairfield Daily Republic and Vacaville Reporter. In addition, all property owners of real property as shown on the latest equalized assessment roll within one-half (1/2) mile of the property and all persons requesting notice of the public hearing were mailed notices of the hearing (Attachment C).
ALTERNATIVES:
Alternatives for the Board include:
A. Continue this item to another hearing for further consideration. This option is not recommended unless the Board desires additional specific information, which cannot be obtained during this public hearing.
B. Retain the existing Rural Residential (RR-5), Exclusive Agriculture (A-20) and Neighborhood Commercial (CN) zoning, by denying the proposed rezoning petition. This alternative is not recommended because approval of the rezoning petition is consistent with the General Plan.
OTHER AGENCY INVOLVEMENT:
None.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION