Title
PLN22-0006; Consideration of a Recommendation to the City Council Regarding a Zoning Map Amendment and Planned Development (PD) to Establish a PD Overlay District, and Administrative Site Plan Review, and Tentative Tract Map (TTM) 8703 for the construction of a nine-unit townhome development on a 12,588 square-foot parcel located at 13489 East 14th Street. APN: 077D-1405-001-01. Zoning District: SA-2. Applicant: Shoonya, LLC. Property Owner: Shoonya, LLC.
Staffreport
SUMMARY AND RECOMMENDATIONS
The applicant and property owner, Shoonya LLC, is requesting approval of a Zoning Map Amendment and Planned Development (PD) to establish a PD Overlay District, and Administrative Site Plan Review, and Tentative Tract Map (TTM) 8703 for the construction of a nine-unit residential townhome development on a 12,588 square foot vacant lot located at 13489 East 14th Street. The project would consist of two three-story buildings, a central driveway, and related landscape and site improvements.
Staff recommends that the Planning Commission adopt the attached Resolution, recommending that the City Council approve PLN22-0006 for a Zoning Map Amendment, Planned Development, Administrative Site Plan Review and Tentative Tract Map 8703 based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
BACKGROUND AND RELATIONSHIP TO SURROUNDING AREA
The subject property is a 12,588 square foot vacant lot, located at 13489 East 14th Street, on the west corner of 135th Avenue and East 14th Street. A gas station previously existed at the subject site, which has been vacant for almost four decades.
The property is located adjacent to residential uses, including duplexes and the Trailer Haven Mobile Home & RV Park. Across East 14th Street, northeast of the site, there is a four-story apartment building, Casa Verde, operated by Mercy Housing. Other nearby uses on East 14th street include the Barbara Lee Center for Health and Wellness, a two-story medical building for City Health Urgent Care and a small restaurant.
PROJECT PROPOSAL
As shown in the Exhibit A to the attached draft Resolution, the applicant is proposing to build nine three-story townhomes inside two buildings separated by a central driveway providing access from 135th Avenue to internally-oriented garages and carports. Building A (located adjacent to East 14th Street), with a footprint of 3,075 square feet, would contain Units 1-5, including four two-bedroom units and one three-bedroom unit. Building B (located across the driveway from Building A), with a footprint of 2,784 square feet, would contain Units 6-9, including one two-bedroom unit, and three three-bedroom units. Each townhome unit would be located on an individual lot. A common lot would be created for the shared driveway and other shared facilities.
STAFF ANALYSIS
Zoning Map Amendment and Planned Development
The applicant is requesting a Zoning Map Amendment to establish a PD Overlay for the property. The proposal would amend the zoning of the property from SA-2 (South Area 2) to SA-2(PD) (South Area 2, with a Planned Development Overlay). The purpose of a PD is to provide flexibility in base district zoning regulations to support high quality urban design.
As part of the request of the PD Overlay, the applicant is requesting flexibility in the development regulations listed below:
• Minimum lot size and lot width.
• Required setbacks, to apply the regulations site-wide instead of an individual lot basis.
The development standards noted above were not intended for townhome developments with individual fee simple lots. Strict application of the minimum lot size (5,000 square feet) and minimum lot width (50 feet) requirements would make an attached townhome development impractical. Similarly, minimum front yard setback requirements for Units 6-8 in Building B could not be met because these units would not be fronting any public streets.
Providing flexibility to support a townhome development is consistent with the purpose of the adopted East 14th Street South Area Development Strategy (hereinafter “South Area Plan”) which establishes a vision for the East 14th Street corridor, south of Downtown San Leandro, as a pedestrian-friendly corridor with high-quality multi-family housing and commercial uses. The South Area Plan encourages a range of multi-family housing types and includes a development concept for the project site with a townhome development similar to the one currently proposed in terms of density, site design, and building design. The proposed PD would facilitate the implementation of the vision of the South Area Plan.
Site Plan Review
Design Analysis
The proposed development reflects high quality urban design, as discussed below.
• Exterior Finishes and Articulation - The townhomes would be designed in a modern architectural style using a mix of warm and cool neutral colors. Upper stories would be articulated with aluminum reveals on flat surfaces and balconies. Metal railings and oak walnut finishes would accentuate the balconies.
• Building Orientation - In Building A, unit entrances would be oriented toward East 14th Street to support a vibrant streetscape. A 13.5-foot-wide sidewalk would be created along East 14th Street to support a high-quality pedestrian environment.
• Landscaping - The front yards of Building A would contain patios surrounded with grasses and shrubs and enclosed with a three-foot high wall, effectively creating entrance gardens. The fence would be made of a low concrete wall clad in stone veneer and topped with wrought iron. Along 135th Avenue, the 10-foot-wide setback would be landscaped with three new Indian Hawthorn trees and low water use grasses and shrubs.
• Amenities - In the west corner of the site, where two pedestrian walkways would meet, mailboxes and a shared tenant activity area are proposed. The activity area would consist of a permanently-installed picnic table with benches.
• Vehicular Traffic, Access, and Parking - The townhomes would have vehicular access through a new driveway approach on 135th Avenue, leading to a central driveway built from permeable pavers. Each townhouse would have a covered two-car garage, except Units 1 and 6, which would have one-car and two-car carports, respectively. EV chargers would be installed in all units. The garages would have space to store a bicycle; while in those townhomes with carports, bicycle parking would be provided inside the dwelling unit itself. As a Condition of Approval, the applicant will be required to provide a bicycle rack for short-term bicycle parking.
Consistency with Design and Development Standards
The proposed development would be consistent with the applicable development standards for the SA-2 Zoning District and for Multi-Family Residential Developments in the Zoning Code, as described in more detail in Attachment 2 - Development Regulations Table.
Three development standards are being met through the application of the State Density Bonus Law. The State Density Bonus Law provides for modification of development standards when deed-restricted affordable housing is provided. The applicant is providing one deed-restricted moderate-income unit. Per the requirements of the State Density Bonus Law, the development has requested, and is eligible for, the concessions and waivers of the development standards listed below:
• Minimum ground floor height (10 feet). Eight feet provided.
• Amenities (a minimum of four resident amenities from the list of amenities in Zoning Code Section 4.04.336.B.4 are required). The project would provide two amenities: EV charging stations, and a tenant activity area.
• Daylight Plane adjacent to an R District. Building B encroaches into required daylight plane.
As noted above, the proposed PD Overlay would modify minimum lot size, lot width and setback requirements to accommodate the proposed subdivision and attached townhome development.
Consistency with Inclusionary Housing Ordinance
The Inclusionary Housing Ordinance requires that 15 percent of new multi-family developments be set aside for income-qualified households. In accordance with the requirements of the Inclusionary Housing Ordinance, one of the nine proposed units (Unit 1) would be deed-restricted to be affordable to moderate-income households, as detailed in Attachment 1, Exhibit B: Inclusionary Housing Plan. The moderate-income unit would be built at the same time as the rest of the project and would include similar in-unit amenities (such as bathrooms, parking, and front yard) as the other two-bedroom market rate units. The Housing Division has reviewed the plan and determined that it is consistent with the requirements of the City’s Inclusionary Housing Ordinance (Zoning Code Chapter 6.04).
Tentative Tract Map 8703
The proposed Tentative Tract Map would allow for the creation of fee simple lots for each of the nine townhome units. One common lot would be created to include the walking path along the southwest and northwest property lines, the tenant activity area, mailboxes, refuse enclosure central driveway and the landscaped yard along 135th Avenue. The common lot would also contain the easements for emergency vehicular access, public utilities, storm drainage and sanitary sewer, as is typical. The creation of the fee simple lots would be consistent with the requirements of the City’s Subdivision and Zoning Regulations and would facilitate a development consistent with the South Area Plan.
NO NET LOSS ANALYSIS
State law requires that every housing element include an inventory of land suitable and available for residential development to meet the locality’s Regional Housing Needs Allocation (RHNA) by income level. The subject site was identified in the City’s 2023-2031 Housing Element as an inventory site with a realistic development capacity of 12 units in the Above-Moderate Income category.
The proposed project would provide nine units (eight Above-Moderate Income units and one Moderate Income unit), which is fewer than the 12 units identified in the City’s Housing Element. Per Government Code Section 65863, if a jurisdiction approves a development of a parcel identified in its Housing Element sites inventory with fewer units than shown in the Housing Element, it must make findings that the Housing Element’s remaining sites have sufficient capacity to accommodate the remaining unmet RHNA by each income level. The City’s 2023-2031 Housing Element sites inventory included a buffer of 1,052 Above-Moderate Income units beyond RHNA requirements, and therefore San Leandro would continue to have sufficient inventory capacity for Above-Moderate Income housing.
GENERAL PLAN CONFORMANCE
The General Plan land use designation for the subject property is Corridor Mixed Use (MUC). Chapter 3 of the General Plan (page 3-30) describes the MUC designation as allowing “a mix of commercial and residential uses [] along major transit-served arterials” in which “residential uses may be either free-standing.” The proposed townhome development would be compatible with and consistent with General plan goals, policies, and actions for the MUC land use designation by contributing to the following General Plan Land Use Element policies:
Policy LU-2.7: Location of Multi-Family Development. Concentrate new multi-family development in the areas near the BART Stations and along major transit corridors such as East 14th Street. Ensure that such development enhances rather than detracts from the character of surrounding neighborhoods.
Policy LU-3.1: Mix of Unit Types. Encourage a mix of residential development types in the city, including single family homes on a variety of lot sizes, as well as townhomes, row houses, live-work units, planned unit development, garden apartments, and medium to high density multi-family housing.
Policy LU-3.4: Promotion of Infill. Encourage infill development on vacant or underutilized sites within residential and commercial areas.
SOUTH AREA PLAN CONFORMANCE
The South Area Plan encourages the development of high-quality multi-family housing that fosters a pedestrian- and transit-friendly environment on East 14th Street. The proposal is consistent with the following South Area Plan Goals:
Goal 1-C: Attract high quality housing to increase the demand for new retail services desired by the community.
Goal 3-C: Create a safe and attractive pedestrian-oriented streetscape environment along East 14th Street that will better link East 14th Street to adjacent neighborhoods, help attract desired businesses and services, and beautify and enliven the street overall.
FINDINGS OF FACT
Staff has analyzed the proposal and determined that the required findings can be made for the project, as detailed in Attachment 4 - Findings of Fact.
ENVIRONMENTAL REVIEW
No additional environmental review is required pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183, as the project is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) was previously prepared and certified, and there are no project-specific significant effects which are peculiar to the project or its site. A CEQA Consistency Checklist (Attachment 3) was prepared to document consistency between the proposed project and the City of San Leandro General Plan, and to compare the environmental effects of the proposed project against those identified in the City’s 2023-2031 Housing Element and General Plan Update Supplemental Environmental Impact Report (SEIR), in accordance with CEQA Guidelines Section 15183.
PUBLIC OUTREACH
A notice of public hearing was published for this project in the East Bay Times Daily Review newspaper, mailed to property owners within 500 feet of the subject property, and posted at the Project Site and City Hall on Friday, September 20, 2024.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the attached Resolution, recommending that City Council approve PLN22-0006 for a Zoning Map Amendment, Planned Development, Administrative Site Plan Review and Tentative Tract Map 8703 for the construction of a nine-unit townhome development at 13489 East 14th Street based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
ATTACHMENTS
1. Resolution No. 2024-XXX with Recommended Findings of Fact and Conditions of Approval Approving PLN22-0006
Attachment 1, Exhibit A: Project Plans
Attachment 1, Exhibit B: Inclusionary Housing Plan
Attachment 1, Exhibit C: Zoning Map Amendment
2. Development Regulations Table
3. CEQA Consistency Checklist
4. Findings of Fact
5. Density Bonus Memo
PREPARED BY:
Lourdes Juarez
Associate Planner
Planning Division