AgdaPkt 2015-09-28 Joint SA PFA - Laserfiche WebLink

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· Richard Keyes and Sally Keyes, July 21, 2015 · J&S Management, July 22, 2015 The appeals challenge (1) the approval of the Downtown Planned Community Permit, (2) the granting of a Parking In-Lieu Fee, and (3) the determination that no further environmental review is required under CEQA. (While Mr. Carr’s appeal form states an appeal of the Vesting Tentative Map approval, no contentions were made in his grounds for appeal that pertained to the Map approval.) On September 16, 2015, Mr. Carr submitted a letter withdrawing his appeal based on a settlement agreement with the Applicant, that is contingent on the City Council approving a further reduced 8-story, 105’ tall project that includes an open-air courtyard located above the parking levels along the northernmost portion of the project. This settlement proposal is provided in the Alternatives section at the end of this report. The City is not a party to that agreement and is not bound by it. As discussed below, City Council has ample grounds to deny the appeals and uphold the approval of the Project. In the following three sections, this report explains (1) the Project is consistent with the Downtown Precise Plan, (2) the City appropriately considered and approved the Parking In-Lieu Fee Application, and (3) the City complied with CEQA and no further environmental analysis is required. I. The Project Is Consistent with the Downtown Precise Plan. Appellants generally assert that the Project is not consistent with the DTPP. In the following two sections, staff discusses (a) reasons for which the Project is consistent with the DTPP and (b) responses to the Appellants’ contentions. a. The Project Is Consistent with the DTPP, which Established Zoning Regulations for the Downtown Area, Pursuant to Article 52 of the Zoning Code, and Is the Primary Means of Regulating Land Use and Development within the City’s Downtown Area. i. The DTPP Provides Zoning to Regulate Development in the Downtown Area, Including through Mandatory Standards and Recommended Guidelines, Which the Council Has Broad Discretion to Apply. The City Council adopted the DTPP as a Planned Community District pursuant to Article 52 of the Zoning Ordinance. The purpose of such a Planned Community District is to provide for “uses or combination of uses, appropriately requiring flexibility under controlled conditions not otherwise attainable under other districts.” (Zoning Ordinance, 7.A. - Page 4