The subject site is currently 13,564 (135.64’ x 100’) square feet in area and located on the west side of 9^th Street, between College Avenue and Stanford Avenue.  The site is currently improved with three (3) one-story detached apartment units.  The site has a General Plan Land Use Designation of Low Medium Density Residential and is zoned CCSP-PR61 (Community Center Specific Plan – Peripheral Residential, Area 61).  The site abuts CCSP-PR61 zoned properties to the north, west, and south, and R-1 (Single-Family Residential) zoned properties, across 9^th Street, to the east, which include a mixture of single-family and multiple-family residential developments. 

The applicant is proposing to demolish all existing on-site improvements, which include the three (3) existing one-story apartment units, and to construct four (4) new three-story apartment units.  The Municipal Code requires Site Plan land use entitlement approval to develop the property with the proposed multiple-family residential project.

Based on the title report, the site is comprised of two (2) separate lots (Lots 14 and 15 of Tract No. 559), under a single Assessor’s Parcel Number (APN: 090-132-17).  Each property has a lot depth of 135.64’ and a lot width of 50’.  Combined, the properties have a current lot size of 13,564 square feet (135.64’ x 100’).  However, a 10-foot public right-of-way dedication, along the 100’ frontage of the subject site (the easterly property line), would be required to bring the properties into conformance with the Master Plan of Streets and Highways.  Therefore, after the Lot Line Adjustment and 10-foot right-of-way dedication, the resulting lot size of the consolidated property will be 12,564 square feet.  In order for the proposed project to move forward, the Municipal Code requires Lot Line Adjustment approval to consolidate the two (2) lots into one and Variance approval to deviate from the 20,000 square foot minimum lot size requirement. 

On March 1, 2018, the Planning Commission held a public hearing to consider Site Plan No. SP-046-2018, Lot Line Adjustment No. LLA-013-2018, and Variance No. V-018-2018.  Staff recommended approval (see attached March 1, 2018 Planning Commission Staff Report).  The Applicant and eight (8) members of the public provided oral testimony at the public hearing.  Seven (7) members of the public came forward to speak in opposition to the project.  Those in opposition cited concerns in regard to insufficient on-site and off-site parking; existing traffic safety issues on 9th Street that would be exacerbated, including a dangerous sight line for pulling out of College Avenue onto 9th, aggressive drivers in a small area, and car accidents; concerns for the current tenants in apartments to be demolished; adverse impacts on privacy of adjacent properties; loss of views and sunlight by adjacent properties due to the size and orientation of the proposed buildings; a decrease in property values; street sweeping; loitering; construction debris; construction noise; and quality of life.    In addition to the Applicant, one (1) member of the public came forward to speak in favor of the project, stating the project would improve the blighted area and that the project, which includes obscured windows and inward facing balconies, addresses privacy concerns.  The Applicant was given the opportunity to respond to all of the comments made by members of the public and the public hearing was closed.  Staff advised the Planning Commission that the applicant was entitled to written findings if its request was denied.  After discussion amongst the five (5) Planning Commissioners in attendance, a motion was made articulating reasons justifying denial of the applicant’s request and directing Staff to prepare a Resolution of Denial based on the reasons articulated for adoption by the Planning Commission at its March 15, 2018 meeting.  The motion was adopted by a vote of 5-0 (with 2 commissioners absent). On March 8, 2018, the applicant filed an appeal of the March 1, 2018 Planning Commission decision with the City Clerk and paid the appeal fee, unilaterally choosing to proceed to the City Council without the Planning Commission having formally adopted written findings for denial.

Procedure

Pursuant to Chapter of 9.32 of the Municipal Code, any decision of the Planning Commission may be appealed to the City Council.  Applicants are legally entitled to written findings justifying denial of a land use application by the Planning Commission and typically wait until the Planning Commission has formally adopted written findings before filing an appeal.  In this instance, however, the applicant has chosen to proceed with an appeal of the Planning Commission’s decision to direct Staff to prepare a resolution of denial for the Planning Commission’s adoption based on the findings orally articulated on the record, without waiting for the Planning Commission to formally adopt the resolution containing those findings.  Although this is atypical, because the Planning Commission’s action was intended to be final, and all that remained was the formal approval of a resolution reflecting the findings made orally by the Planning Commission at its March 1, 2018 meeting, Staff has determined that the Municipal Code permits the appeal.

The City Council hears appeals of Planning Commission decisions de novo, meaning that the City Council acts as the hearing body, conducts its own public hearing, and makes its own findings justifying approval or denial of the land use application.   Following conclusion of the public hearing, the City Council may take final and conclusive action on the application by adopting a resolution either approving, conditionally approving, or denying the application.  Alternatively, the City Council can refer proposed findings to the Planning Commission and request a further report on the matter before taking final action.

Description of Proposed Project

The applicant is proposing to demolish all existing on-site improvements, which include the three (3) existing one-story apartment units, and to construct four (4) new three-story apartment units.  Each unit would be a three-story dwelling 33’-10” in height providing a total living area of 1,938 square feet, excluding the two-car garage.  Each unit would provide a total of four (4) bedrooms and four (4) bathrooms and would include a private patio on the first floor and a private balcony on the second floor.  Two (2) units would be located on each side, north and south, of the property, with a private 28’-0” wide drive aisle running down the center of the development, and providing access off 9^th Street to the units and to four (4) two-car enclosed garages and six (6) covered guest parking stalls.  Units 1 and 3 would be set back 15’-0” from the easterly property line, as measured from the ultimate right-of-way, and all four units would provide a 5’-0” setback to the interior side property lines (northerly and southerly).  Units 2 and 4 would provide a 5’-0” rear setback to the westerly property line.  The applicant has proposed a contemporary architectural style for the project that would exhibit stucco exteriors, decorative siding, contemporary glass balcony walls, varying window sizes, decorative light fixtures, a hip roof design, and articulation on the building façade.  Except for lot size (discussed below), the proposed project is consistent with all pertinent development standards.  The attached Project Summary Chart provides additional information about the proposed Project. The Municipal Code requires Site Plan land use entitlement approval to develop the property with the proposed multiple-family residential project.

Based on title report of the subject properties, the site is comprised of two (2) separate lots (Lots 14 and 15 of Tract No. 559), under a single Assessor’s Parcel Number (APN: 090-132-17).  Each property has a lot depth of 135.64’ and a lot width of 50’.  Combined, the properties have a current lot size of 13,564 square feet (135.64’ x 100’).  In order for the proposed integrated project to be developed, the Municipal Code requires approval of a Lot Line Adjustment to consolidate the two (2) lots into one. Based on the City’s Master Plan of Streets and Highways, 9th Street is considered a secondary 4-lane undivided roadway (secondary arterial), which has a planned ultimate right-of-way of 80 feet.  Currently, the measurement from the centerline of 9th Street to the property lines of the subject properties is 30 feet.  Therefore, a 10-foot public right-of-way dedication, along the 100’ frontage of the subject site (the easterly property line), would be required to bring the properties into conformance with the Master Plan of Streets and Highways.  Therefore, after the proposed Lot Line Adjustment and required 10-foot right-of-way dedication, the resulting lot size of the consolidated property would be 12,564 square feet.

Pursuant to Table III-3 and Subsection 9370.3.3(c)(2)(g) of the Community Center Specific Plan, a 20,000 square foot minimum lot size is required for development of properties with multi-family residential projects like the proposed project within the CCSP-PR61 (Community Center Specific Plan – Peripheral Residential, Area 61) zone.  After the proposed Lot Line Adjustment to consolidate the two (2) properties (Lots 14 and 15 of Tract No. 559) into one, the resulting lot size, would be 12,564 square feet, which is less than the minimum 20,000 square feet lot size requirement applicable to the CCSP-PR61 zone.  Without a Variance, the proposed Lot Line Adjustment and Site Plan would not be consistent with the provisions of the Specific Plan.  Therefore, approval of a Variance from the minimum lot area standard set forth in the Specific Plan is necessary in order to facilitate the proposed redevelopment of the site.

As indicated above, City Staff recommended approval of the proposed Project to the Planning Commission.  The rationale for Staff’s recommendation is set forth in the March 1, 2018 Planning Commission Staff Report (attached).  A draft Resolution for conditional approval of the proposed Project is attached for the City Council’s consideration.  The proposed findings for approval and the attached Conditions of Approval are the same as considered by the Planning Commission.

Basis of Planning Commission Denial

Although the Planning Commission did not adopt written findings, several Planning Commissioners expressed concerns regarding the proposed project at the March 1, 2018 hearing, and the Planning Commission articulated reasons for denial on the record.  Several Planning Commissioners expressed a concern that the proposed consolidated 12,564 square foot lot was not large enough for the proposed multi-family development and that the size and massing of the proposed buildings is significantly different from that of the neighboring uses.  It was also noted that several owners and residents of the neighborhood, in which the subject site is located, testified at the public hearing that the proposed size and orientation of the buildings on the site would not be compatible with the existing neighboring uses or the neighborhood characteristics they deem desirable.  For these reasons, the Planning Commission indicated that it was unable to find that the proposed project is compatible with the physical, functional, and visual quality of the neighboring uses and desirable neighborhood characteristics (Finding No. 5 for Site Plan approval). Several residents of the neighborhood, in which the subject property is located, testified at the public hearing that existing traffic on 9th Street adjacent to and in the vicinity of the subject property is already too heavy and results in safety hazards and that available on-street parking on 9th Street and College Avenue in the vicinity of the subject property is very limited.  Noting this testimony, some Planning Commissioners also expressed concerns that the additional traffic generated by the proposed project would unnecessarily exacerbate the existing traffic and parking problems on adjacent streets, and the Planning Commission also indicated that it was unable to find that the proposed project will not adversely affect essential public facilities such as streets and alleys, utilities and drainage channels (Finding No. 3 for Site Plan approval).

A draft Resolution of Denial based on the reasons articulated by the Planning Commission has also been included for the City Council’s consideration.

It is recommended that the City Council conduct a Public Hearing and either:

• Adopt the attached Resolution granting the appeal and approving Site Plan No. SP-046-2018, Lot Line Adjustment No. LLA-013-2018, and Variance No. V-018-2018, subject to the attached Conditions of Approval; or

• Adopt the attached Resolution denying the appeal and denying Site Plan No. SP-046-2018, Lot Line Adjustment No. LLA-013-2018, and Variance No. V-018-2018; or

• Provide further direction to Staff.