DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 3
SUBJECT: Zoning Case Z2021-10700121
SUMMARY:
Current Zoning: "RP" Resource Protection District
Requested Zoning: "RE" Residential Estate District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: July 20, 2021
Case Manager: Joyce Palmer, Senior Planner
Property Owner: Luis Macias
Applicant: Raymundo Rivera
Representative: Raymundo Rivera
Location: 19779 Pleasanton Road
Legal Description: 5.04 acres out of CB 4012
Total Acreage: 5.04 acres
Notices Mailed
Owners of Property within 200 feet: 8
Registered Neighborhood Associations within 200 feet: None
Applicable Agencies: Planning Department
Property Details
Property History: The subject property was annexed into the city by Ordinance 2017-06-22-0510, dated June 22, 2017 and was zoned “RP” Resource Protection District.
Topography: The property does not include any abnormal physical features such as slope or incursion in a flood plain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: “RP”
Current Land Uses: Single-family dwellings, open space
Direction: East
Current Base Zoning: OCL
Current Land Uses: Single-family dwellings, open space
Direction: South
Current Base Zoning: “RP”
Current Land Uses: Single-family dwellings, open space
Direction: West
Current Base Zoning: OCL
Current Land Uses: Farmland, open space
Overlay and Special District Information:
None
Transportation
Thoroughfare: Pleasanton Road
Existing Character: Enhanced Secondary Arterial
Proposed Changes: None
Public Transit: There are no VIA bus routes within walking distance of the subject property.
Routes: None
Traffic Impact: A Traffic Impact Analysis (TIA) is not required. The traffic generated by the proposed development does not exceed the threshold requirements.
Parking Information: The minimum parking requirement for single-family residential dwelling units is 1 space per unit.
ISSUE: None.
ALTERNATIVES:
Current: The current “RP” Resource Protection District protects and preserves valuable agricultural areas, implements agricultural and natural resource protection; requires a minimum of 10 acres. Agricultural operations and natural resource industries, single-family dwelling, farming and truck garden, public and private schools, transit transfer center and bus stops.
Proposed: The proposed “RE” Residential Estate District is for single-family dwelling (detached) with a minimum lot size of one acre (43,560 square feet) and a minimum lot width of 120 feet, accessory dwelling, public and private schools.
FISCAL IMPACT: None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is not within a regional center or a premium transit corridor.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff recommends Denial.
Criteria for Review: According to Section 35-421, zoning amendments shall be based on the approval criteria below.
1. Consistency:
The subject property is located within the Heritage South Sector Plan and is currently designated as “Country Tier.” The requested “RE” is not consistent with the future land use designation. The applicant is requesting a Plan Amendment to “Rural Estate Tier”. Staff recommends Denial. Planning Commission recommendation pending.
2. Adverse Impacts on Neighboring Lands:
Staff does find evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. Per annexation agreement in 2017, the property and surrounding area were zoned “RP” to preserve the rural character of the area. “RE” will increase density and will not meet the Heritage South sector plan goals and land use plan for the area.
3. Suitability as Presently Zoned:
The current "RP” Resource Protection District is an appropriate zoning for the property and surrounding area. The proposed “RE” zoning would not match the character of the surrounding area and would increase housing density.
4. Health, Safety and Welfare:
Staff has not found indication of likely adverse effects on the public health, safety, or welfare.
5. Public Policy:
The proposed rezoning does appear to conflict with the following goals, principles, and objectives of the Heritage South Sector Plan:
Goal LU-1- Land uses that are compatible with neighboring properties that preserve natural and cultural resources, neighborhood character, and economic viability
Goal HOU-1- An array of housing choices throughout the area with an appropriate mix of densities and housing types
Goal ED 4- Heritage South established as a viable agricultural region
6. Size of Tract:
The subject property is 5.04 acres, which could reasonably accommodate four dwelling units.
7. Other Factors:
None.