AgdaPkt 2013-01-28 - Laserfiche WebLink

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7.A. - Page 14 City's Response: 1. A Precise Plan Is Not Required or Warranted The General Plan provides a master framework for land use and planning decisions. It sets forth many baseline policies which reflect a variety of interests and goals, including the creation of innovative neighborhoods, development of multi-unit housing at the waterfront, and facilitation of development to meet housing needs. A Precise Plan is a useful tool for developing a more specific long-term plan, particularly where a zoning change is required. However, there is no requirement to prepare a Precise Plan (unlike a General Plan), and a Precise Plan is not necessary for an application which is consistent with current zoning. In addition, the City is required to evaluate a project based on the existing rules and regulations. Thus, the City may not deny a project which is compliant with the General Plan and Zoning Code merely on the ground that a Precise Plan has not been prepared. Further, a PD Permit properly facilitates development "if it is determined that the proposed development will provide an environment of physical and functional desirability in harmony with the character of the surrounding neighborhood or district." (General Plan, p. H-89) Thus, where a project is consistent with the General Plan (as this one is since it meets a multitude of General Plan policies) and the project details are appropriately addressed in a PD Permit, the preparation of a Precise Plan prior to approval of the Project is neither necessary nor warranted. 2. The Proiect Is Consistent with General Plan Land Use Policies and Will Provide an Environment of Physical and Functional Desirability in Harmony with the Neiqhborhood The Applicant has not sought amendments to the governing regulations, but has submitted an application which is consistent with the General Plan and Zoning Code. Thus, the City should base its consideration of the merits of the Application on the basis of the applicable, governing policy and law, with which this Project is consistent. Review of the Project shows it is consistent with the General Plan and meets numerous General Plan policies and objectives. The General Plan Land Use Designation for the site is Mixed Use-Waterfront. The General Plan also notes that zoning is CG-R [General Commercial and Residential]. The subject Land Use Designation and Zoning authorize high density, multi-family housing for up to 412 dwelling units and a building maximum height of up to 75 feet. (General Plan, p. H-119; see also Appendix B, Table AB 1.1, p. B-1-5; see also 10/30/12 Planning Commission Report, pp. 9, 13.) Page 14 of 27