AgdaPkt 2013-10-07 Closed and Regular

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8.B. - Page 1 RE PO RT To the Honorable Mayor and City Council From the Cit Mana er October 7, 2013 SUBJECT Appeal of the July 2, 2013 Planning Commission Approval of the Planned Development Permit for the 1410 Valota Road Residential Project RECOMMENDATION 1. Hold a public hearing on the appeal of the July 2, 2013 Planning Commission action. 2. Adopt a resolution (Attachment 1) denying the appeal of Kellie Guinto, thereby upholding the Planning Commission's approval of the Planned Development Permit application for the 1410 Valota Road Residential Project to construct five detached, single-family residences. BACKGROUND On April 3, 2012, the Planning Commission adopted an Initial Study and Mitigated Negative Declaration (IS/MND) (Attachment 2) and approved a Vesting Tentative Map (including Exceptions to the Subdivision Ordinance) and a Planned Development Permit (PD Permit) for the 1410 Valota Road Residential Project. The 2012 proposal was to subdivide the subject property into five separate lots and construct five detached, single-family residences and a private roadway (Attachment 3). At that time, no appeal was filed, and the Planning Commission's approval remained valid (Attachment 4). The IS/MND and the Mitigation Monitoring and Reporting Program (MMRP) (Attachment 5) remain in effect (see Environmental Review sect ion below) as does the Vesting Tentative Map (which remains in effect through April 2, 2014). However, the PD Permit expired as of April 3, 2013. On May 23, 2013, the Applicant submitted a new PD Permit application for the 1410 Valota Road Residential Project. The application remains the same as what was considered in 2012 and as such, the project description, PD Permit findings and conditions of approval, and the MMRP remain the same. On July 2, 2013, the Planning Commission held a public hearing and approved the new PD Permit (Attachment 6). On July 15, 2013, the project was appealed by Kellie Guinto (Appellant), requesting that the City Council overturn the Planning Commission's approval of the project (Attachment 7). ANALYSIS The appeal cites the following concerns. Staff's analysis and response follow each concern.