3B Public Hearing 2011 1121 - Laserfiche WebLink

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family to own the separate buildings in the complex and serve as landlords to the tenants in their respective buildings. Buildings with this type of ownership, Senior Planner Barros explained, are "air space" units, meaning they own the building but not the land beneath it. The common area would include the community building and its amenities, the pool, spa, roads and landscaping. The development would thus have a property owners' association (POA) rather than a homeowners' association (HOA). Senior Planner Barros said that staff has reviewed the covenants, conditions and restrictions (CC &Rs) that the applicant's legal team created, which cover maintenance of the buildings, the architectural style and the use of the common areas. She said that staff will continue to review the CC &Rs, and that the CC &Rs were not an subject to a vote by Planning Commission. She added that a major change in the project that has emerged over the past year is the inclusion of the proposed DA. It originated when the applicant realized that the Zoning Code authorizes a planned development for only a year before it would be necessary to return to the Planning Commission for any extensions. Given the economy, the developer decided that was too short a timeframe. The DA that resulted, after months of negotiation, sets a 10 -year term for this project, plus a five -year extension to be approved by the Planning Commission . Rather than being vested at today's fee rates, development fees (such as park improvements) would escalate in accordance with the appropriate inflationary indices. The proposed DA also states that the complex wouldn't be split into any additional ownership units beyond the original twelve. In response to Commissioner Rennie, Assistant City Attorney Pio Roda said that the provisions would no longer apply once the development agreement expires. In terms of the project's Mitigated Negative Declaration, Senior Planner Barros said that essentially all the mitigations in the review and in the Initial Study are standards that apply to most projects. An example, she said, is having noise from BART trains mitigated with proper window insulation. Senior Planner Barros said that in addition to the Planning Commission, the City Council's Housing & Business Development Subcommittee also reviewed the project. In concluding her presentation, Senior Planner Barros said that staff has prepared a resolution regarding the project at 2450 Washington Avenue for the Planning Commission to consider forwarding to the City Council. The resolution recommends: • adoption of the Mitigated Negative Declaration; • approval of the General Plan land use map amendment from Office to High Density Residential; • approve Zoning Ordinance amendment from Professional District with Assembly Use Overlay P(AU) to RM- 1800(PD) Residential Multi - Family (Planned Development Overlay District); • approve Planned Development subject to conditions of approval; • approve Vesting Tentative Map; and • recommend approval of Development Agreement In response to several questions from Commissioner Crow, Senior Planner Barros said that . The Commissioners' packets included minutes from only one Planning Commission work session on the subject property on May 20, 2010 because the project changed substantially since the first work session on January 14, 2010. . The proposed project seeks exceptions from two standards: the previously mentioned 7 -foot setback in front, whereas the standard is 15 feet, and 85 covered parking spaces rather than 114 spaces. However, she noted that the 48.5 -foot setback on the north side far exceeds the 6 -foot minimum standard and the 50 open parking spaces exceeds that standard by 29 stalls.