AgdaPkt 2009-06-01 - Laserfiche WebLink

Browse Search

7A Negative Declaration (IS/MND) and determined that there would be no significant effect Page 2 on the environment per the California Environmental Quality Act (CEQA). Tentative Map and Planned Development Permit A Planned Development Permit (PD) is also required to allow the construction of 24 units with the proposed site configuration. Per Article 46 of the Zoning Ordinance, Planned Development Permits, 1I...encourage flexibility of design and development of land in such a manner as to promote its most appropriate use..." while subjecting the quality of the project to higher standards. Since the project site is greater than one acre, the Planning Commission has review authority and subsequently approved the Planned Development Permit based on applicable findings and subject to the conditions of approval because the proposal met the intent of the Zoning Ordinance. The Planning Commission staff report and draft minutes are provided in Attachment 2. The Planning Commission's approval included specific conditions that required the developer to revise the plans to some extent. The reduced copies of the revised plans are included in Attachment 3. Full sized sets are available with the Planning Division and City Clerk. The Tentative Map (TM) was also approved by the Planning Commission at the public hearing because it conformed to the City's subdivision standards. r Appellant's Issues and Staff Responses On April 27, 2009, Mr. Michael Bautista, spokesperson for the Kentfield-Union Neighborhood Association, appealed the decision of the Planning Commission (Attachment 3). The appellants cite the following issues (italicized) as the cause for appeal: . Unit density too high Staff has carefully reviewed the proposal and compared it with approved Planned Developments in the immediate vicinity and the project density is within the allowed density limits. The maximum allowed development without consideration of a density bonus on this site is 26 units (25.8 units founded to the nearest whole number). Density bonuses can be granted for an additional 25% density if affordable units are provided within the development pursuant to State and City codes. The proposed project, with 24 units on 1.54 acres, would have a density of 15.6 units per acre which is within the density range of the Medium Density General Plan land use designation of 8 - 20 units per acre. All of these calculations are based on an interpretation of the Zoning Ordinance R-2 Zoning District regulations. The appellant has expressed concern about this interpretation and staff appreciates that there are potentially a number of ways to consider unit density limits in the R-2 Zoning District. Attachment 4 provides a discussion of the R-2 Zoning District requirements, the interpretation used for evaluating th is project, as well as other approaches for considering density in the R- 2 Zoning District. . Structures too high The R-2 Zoning District allows two and one-half story or 28-foot high structures. Per Article 46.7(1) of the Zoning Ordinance, Planned Developments may include modifications to the height limit. In this case, the three-story structures would be 34 feet high or six feet higher than the height limit. The additional six feet accomrnodate the proposed pitched roof. . Front and rear setbacks to adjacent properties are too small