3B Public Hearing 2007 0904 - Laserfiche WebLink

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Planning Commission Jlleeting Minutes Agenda No. 07-16 August 23,2007 Page 7 of 19 · Amendment of the Zoning Map to create S-Review Overlay Districts for Special Policy Areas. Anna Brannen said she was honored to serve as Chair of the Citizens Advisory Committee for the TOD Strategy. Not only was the CAC a collaborative effort between the City staff, transportation organizations and citizens, its membership comprised a diverse group of residents from all six districts in San Leandro. These people played a key role, providing many perspectives that helped shape development of the TOD Strategy. As a result, the Strategy reflects thought and planning by many people, whose dedication to the process was apparent in the many thoughtful and substantive discussions about all the different components in the Strategy. Their commitment to the process was also evidenced by the fact that a quorum was present at each meeting. Secretary Livermore added that the staff did review the previously mentioned input that came in after the official DEIR comment period closed. After discussing the content of these comments with the consultants, it was determined that the topics are generally addressed by the FEIR and no new issues came up. Chair Reed asked whether any Commissioners had any comments. Hearing none at this point, he opened the session for public comments. Eric Nelson, representing Red Mountain Retail Group, explained that Red Mountain owns the property designed in the proposed Zoning Overlays as SP-I, the property that previously housed the Albertson's supermarket. Having read the proposed revisions to Article 6 of the Zoning Code as well as the proposed Overlay Zone, he expressed some serious concerns as they relate to that property. He understands that a), the property is being zoned DA-l (retail mixed use) with an SP-l overlay designation. DA-] permits or conditionally permits various retail uses, and all properties located in D-I are allowed, but not required, to have second-floor residential units - except for this 1. 7 -acre parcel, which has been designated the sole SP-I zone. As he understands it, this SP-I designation requires - he emphasized the word "requires" - residential uses on the upper floors. Although this is a concern for a number of reasons, he said, a major one is that the building has no upper floors. It is a one-story retail building. Accordingly, he posed several questions as well as comments. First, he asked, do the proposed TOD Strategy and changes to Article 6 and the S Overlay actually require residential uses on the site? He said this is not clear. If the answer is yes, he would like to understand whether the City would allow Red Mountain to use its building for ground-floor retail use even though the zoning requires a second floor with residential occupancy. If the answer is yes, he continued, he is unclear how the City ordinance provides for this. He considers it an essential question inasmuch as it relates directly to the owner's ability to use its building, and have vested rights in a building that now stands on the property. If a second floor of residential is required, it presents a significant problem. He said it would seem that the zoning changes proposed deprive Red Mountain of any vested right to use the building, and would also prevent any economical use of the property. In addition, he said that if the ordinance is intended to created mixed-use development on the property, it would not be very effective because residential projects are not viable in this economic market. A panel of residential developers had told the CAC that downtown residential development is not feasible under these market conditions; that was more than a year ago, prior to the collapse of the subprime market, which has further devastated the residential