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The Planning Commission reviewed the application on January 12, 2022. The Commission was supportive of the project including building design including scale, massing, and architectural style and the site design including building siting, landscaping, and site details. Most of the Commission's discussion centered around the parking proposed, as seen in Attachment 4. Per the Pleasanton Municipal Code (PMC) the subject project requires 12 parking spaces (i.e., two parking spaces for the new residential building and 10 parking spaces (9.72, rounded up to 10) for the existing commercial building. The Downtown Specific Plan (DSP), Policy LDP -P.20, also notes the proposed residential unit must be "fully parked on-site", as detailed in Attachment 3. The project is providing 11 parking spaces on-site that comply with the PMC and one additional parking space in the form of a parking lift located in the carport. Since the upper lift space does not meet the PMC's requirement that parking spaces provide "unobstructed access" to the street without moving another vehicle, the project is short one parking space. Section 18.88.120 of the PMC allows an applicant in the Downtown Revitalization District who is unable to provide all the required off-street parking required by PMC, to apply for an in -lieu parking agreement. The agreement would require the applicant to pay in -lieu parking fees for the number of spaces the project is deficient in parking. Through an in -lieu agreement and payment for one parking space, the project would be considered fully parked per the PMC. The DSP does not articulate similar limitations as the PMC in terms of how parking spaces may be provided — thus, in this instance, it is appropriate to refer to the more detailed standards and requirements of the PMC. While some Commissioners found the proposed parking (with the in -lieu payment) acceptable, others could not support the in -lieu payment. Although the PMC does not specify the types of projects for which in -lieu payments may be approved, Commissioners noted the City has not, in recent years, approved in -lieu payments for residential units. Ultimately, the Planning Commission denied the application by a vote of 3-2. Appeal On January 27, 2022, the applicant appealed the denial of the Design Review Application to the City Council. The applicant/appellant has cited adjacent neighbor support, stated the one in -lieu parking fee required is for the commercial portion of the building (rather than the residential unit), reiterated approval of two units on the subject site in 2002 which required in -lieu payments for four parking spaces, and offered use of his private parking lot by the public during weekends, as detailed further in Attachment 5. PMC Section 18.20.060 describes the procedures for appeal of a Design Review approval, with the Planning Commission's action appealable to the City Council. The Council may deny the appeal (therefore denying the project) or approve the appeal Page 3 of 9