PURPOSE:

The purpose of this report is to consider a request by Fairfield Properties/Crown Realty to develop a project consisting of 276 multifamily residential units (including 44 townhome style units and 232 stacked flats) and 1,000 square feet of retail space at 1935 North Buena Vista Street. The proposal includes Tentative Tract Map No. 61361, which would allow the units to be sold as individual condominiums, and a General Plan Amendment to change the land use designation from General Manufacturing to Limited Commercial.

BACKGROUND:

On November 1, 2005, the City Council held a noticed public hearing on this item. During that hearing, ten (10) members of the public spoke about the project. At the conclusion of public testimony, the City Council began deliberations on the project. During its deliberations, the Council made a number of changes to the proposed conditions of approval. Since these changes impacted the overall site plan for the project, the City Council voted to continue the item until December 6, 2005, in order to allow the developer to prepare new plans reflecting the changes to the proposed conditions of approval.

Project Changes

Since the previous meeting, the developer has provided revised plans for review. (Exhibit A) These plans incorporate the following changes from the plans presented at the previous meeting:

• Setbacks � The project was modified to show a minimum fifteen (15) foot setback along Empire Avenue and a minimum ten (10) foot setback for all structures along Buena Vista Street. Additionally, the plans reflect a five (5) foot setback from the property line abutting the railroad right-of-way.

• Parking �� Two (2) parking spaces are to be provided for each residential unit.  (Note: the table provided in the new plans is incorrect)

• Density � As a result in the changes to the setbacks and parking requirements, the project has been reduced from 300 to 276 units.

• Landscaping � The landscaping provided has not been reduced, and has slightly increased.  More landscaping is provided within the larger setback areas, and the footprint of the stacked flats building has been reduced thereby leaving approximately the same square footage of landscaped area.

The changes in the plans have been reflected in the proposed condition of approval. (Exhibit B) Additionally, staff has incorporated further changes to the conditions of approval in order to capture other changes requested by City Council. Staff has also proposed changes to clarify and enhance several conditions of approval. These changes include:

• Architectural Conformance � Several conditions of approval were modified to refer more specifically to the exhibits presented to the City Council.

• Tandem Parking � The condition of approval permitting tandem parking was modified to specify that tandem spaces could only be utilized for those units that are not as wide as a standard two (2) car garage.

• Parking for Leasing Office � The conditions of approval were modified to insure that these spaces could be shared with the commercial uses on site.  This may be completely for commercial and guest space if a leasing office is not needed.

• Recycling Information Board � A condition of approval was added to require the installation of a board to provide information on recycling opportunities.

• Landscaping � A condition of approval was added to require the landscape plans to be brought back to the City Council for review and approval with particular focus on the screening of the parking structure, the use of larger trees, enhancement of the landscape treatment along Empire Avenue, and the feasibility of providing additional landscaping around the relocated MTA bus stop.  Although this condition is included, the plans submitted show the detail and enhanced landscaping that Council requested.  The applicant requests that this condition be removed once Council has reviewed the attached revised plans.

• Ingress/Egress Movements � A condition of approval restricting turning movements at the northerly driveway on Buena Vista Street was modified to provide the Traffic Engineer with the flexibility to determine whether physical improvements are required to insure the restrictions are followed.

ANALYSIS:

For the most part, the changes made to the plans since the previous meeting does not change the overall analysis of the project. However, the changes create residual effects on some project attributes.

Affordable Housing

The proposed conditions of approval require ten (10) percent of the total units to be reserved as affordable housing. Under the original 300 unit proposal, thirty (30) affordable units would be required. As a result of the decrease in the total number of units, the number of affordable units has been reduced to 28.

Landscaping/Open Space Area

In the previous submittal, the project included 69,000 square feet of landscape area, in excess of the 47,100 square feet that would be required under the multifamily development standards. Additionally, the proposal included 46,000 square feet of common open space, which exceeded the requirements of 150 square feet per unit.

Under the revised plans, 46,000 square feet of common open space is still provided and the total landscaped area of the site has increased to 85,500 square feet.

Noise/Sound Walls

The revised plans have incorporated an additional five (5) foot rear setback along the railroad right-of-way. This additional setback is to be used to provide additional landscaping to further reduce the potential for impacts from reflected noise on the residential properties south of Vanowen Street.  As illustrated on the site plan, the parking garage and sound wall proposed along the southern property line have been setback a minimum of five feet, for approximately 500 feet of the southern property line's total of 560 feet. From the site's southwest corner, the sound wall is located at the rear property line for approximately 60 feet; the wall then transitions to a five foot setback for the balance of the sound wall and full length of the parking garage (again, approximately 500 feet).  Within the area of the zero foot setback, there is an underground box culvert that enters the site at the southwest corner and must begin transitioning into the site to allow necessary space for sound wall footings.  The box culvert has been adjusted to transition as quickly as possible in order to allow the maximum setback while maintaining necessary capacity.

Additionally, during the public hearing for this project, residents and the City Council raised concerns about noise impacts from train horns for the at-grade crossing of Buena Vista at Vanowen. The Public Works Department has prepared a memorandum outlining options available to the City to reduce this impact, including the establishment of a quiet zone and the installation of wayside horns. (Exhibit C)

CONCLUSION AND RECOMMENDATION:

Staff recommends that the City Council approve Project No. 2004-64, a Planned Development, Development Review, and Tentative Tract Map, and the Development Agreement and Mitigated Negative Declaration related thereto, subject to the attached Conditions of Approval.

Staff recommends that the City Council adopt a resolution approving the Mitigated Negative Declaration prepared for the project.

Staff recommends that the City Council adopt a resolution approving Tentative Tract Map No. 61361.

Staff recommends that the City Council adopt a resolution approving the proposed General Plan Amendment.

Staff recommends that the City Council adopt an ordinance approving Planned Development No. 2004-64 and the Development Agreement related thereto.

LIST OF EXHIBITS

Exhibit A          Project Plans (Attached document)

Exhibit B          Redlined Conditions of Approval

Exhibit C          Memorandum Re: Quiet Zones and Wayside Horns at Railroad Crossings

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