City Council

11.A. A public hearing to consider an ordinance approving Amended Development Agreement No. 2261-AA (DA-26-01) and a resolution approving Tentative Map No. 26- 05 (County Map No. 82800) for a mixed-use development consisting of 169 residential units and approximately 16,300 square feet of commercial/retail space located at 114 E. Garvey Avenue It is recommended that the City Council consider: 1. Opening the public hearing; 2. Receiving documentary and testimonial evidence; 3. Closing the public hearing; 4. After considering the evidence received during the public hearing: introducing and waiving the first reading of an ordinance approving Amended Development Agreement No. 2261-AA (DA-26-01); and adopting a resolution approving Tentative Map (TM) No. 26-05 (County Map No. 82800); and 5. Taking such additional, related, action that may be desirable. CEQA (California Environmental Quality Act): The request includes the construction of a seven-story, mixed-use development consisting of 169 rental residential units and approximately 16,300 square feet of commercial/retail tenant space (the “Project”). Pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”), the City has reviewed the Project and determined that the Project is exempt from CEQA under Public Resources Code § 21080.66 and that the Project satisfies the requirements of that section. If approved, the City will file a Notice of Exemption (Attachment 3) as required under Public Resources Code §§ 21008, 21152 for the Project. Accordingly, no environmental impact report, negative declaration, or mitigated negative declaration is required for the Project. Public Resources Code § 21080.66, enacted by Assembly Bill (“AB”) 130, exempts qualifying housing development projects from CEQA if they satisfy specified criteria. Because the Project qualifies for this statutory exemption, technical studies otherwise associated with CEQA review, such as air quality and noise analyses, were not required. A traffic study was nevertheless prepared for the Project and is discussed later in this report. To qualify for the streamlining exemption under Public Resources Code § 21080.66, a project must satisfy statutory requirements. The Applicant submitted an AB 130 Eligibility Checklist (Attachment 4), and staff determined that the Project satisfies those eligibility requirements, including project size, urbanized location, infill status, absence of statutory exclusion areas, and the lack of any historic structure demolition. AB 130 also requires consultation with California Native American tribes that are traditionally and culturally affiliated with the Project Site. City staff conducted tribal consultation in accordance with the statute and incorporated tribal cultural resource conditions into the Project’s Conditions of Approval at the request of one of the consulted tribes (Conditions of Approval 28-33). Finally, AB 130 requires a Phase I Environmental Site Assessment (“ESA”). The Applicant submitted a Phase I ESA for the Project (Attachment 5) which staff reviewed and accepted. Consistent with California law, any recognized environmental conditions identified in the Phase I ESA must be remediated or otherwise addressed before issuance of a certificate of occupancy.