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BACKGROUND <br /> The property at 2207 Martin Avenue is located near the north end of Martin Avenue and <br /> is part of the Mohr-Martin area, generally defined by Martin Avenue, Mohr Avenue, the <br /> former Southern Pacific Railroad right-of-way, and Stoneridge Drive. The Mohr-Martin <br /> area comprises predominantly residential uses of varying densities and home designs. <br /> Many of the properties within the area were originally located in unincorporated <br /> Alameda County but were progressively annexed into the City during the 1990s. Thus, <br /> many of these properties were subdivided and developed in conformance to planning, <br /> zoning, and construction standards of Alameda County. <br /> On April 1, 1997, City Council adopted Ordinance No. 1709 for RZ-97-2 which pre-zoned <br /> the subject property to the PUD-LDR District as part of a larger approximately 34.5-acre <br /> area, for a maximum density"approaching" 2.0 dwelling units per acre'. The property was <br /> annexed into the City in 1997. <br /> In 2021, the City Council approved PUD-140 and P21-0079 through Ordinance 2223 at <br /> 2207 Martin Avenue, which included Minor Subdivision approval to subdivide the <br /> approximately 1.67-acre parcel into two parcels (A and B). Parcel A, fronting Dennis <br /> Drive (no address), measuring approximately 21,794 square feet and Parcel B (2207 <br /> Martin Avenue) measuring approximately 48,311 square feet. The application included <br /> a Planned Unit Development (PUD) development plan approval to retain the existing <br /> residence and related improvements on Parcel B and to construct a two-story residence <br /> and related site improvements on Parcel A. Although approved, per the conditions of <br /> approval, the PUD development plan would lapse two years from the effective date of <br /> the ordinance (November 5, 2021) unless a parcel map was approved. To date, a <br /> parcel map has not been approved and the PUD development plan will expire on <br /> November 5, 2023. The applicant/property owners do not wish to pursue the approved <br /> PUD development plan that calls for a subdivision with required site improvements. <br /> Rather, the applicant/property owners intend to maintain the property as a single lot with <br /> the purpose to construct a tennis court with fencing where the two-story residence <br /> would be located under PUD-140. <br /> In August 2022, the City's Code Enforcement staff received a complaint about concrete <br /> flatwork2 being conducted on the subject parcel to create a sports court. While flatwork <br /> such as the sports court does not require a building permit, Code Enforcement staff <br /> contacted the applicant/property owners to inquire about the nature of the work taking <br /> place and notified them that any additional work, beyond flatwork, such as lighting or <br /> fencing for the sports court may require permits and/or planning approval, and to <br /> contact the City's Permit Center for specific information. <br /> Also in August 2022, the applicant/property owners contacted Planning staff to request <br /> development standards for the construction of a tennis court with associated fencing <br /> 1 The Agenda Report for this item clarifies the allowable density as "maximum density approaching 2 <br /> du/ac (i.e. 1.999...du/ac). <br /> '- Flatwork includes work such as pouring a concrete slab or patio. <br /> Page of <br />