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Page 2 of 7 On April 1, 1997, the City Council adopted Ordinance No. 1709 for RZ-97-2 which pre-zoned the subject property to the PUD-LDR District as part of a larger approximately 34.5-acre area, for a maximum density “approaching” 2.0 dwelling units per acre (i.e. 1.999…du/ac). The property was annexed into the city in 1997. In 2021, the City Council approved Case Nos. PUD-140 and P21-0079 through Ordinance 2223 at 2207 Martin Avenue, which included Minor Subdivision approval to subdivide the approximately 1.67-acre parcel into two parcels (A and B), and to adopt a PUD Development Plan to develop a second single-family home on Parcel A. No parcel map has since been approved and the PUD development plan expired on November 5, 2023. The current owners do not wish to pursue the previously approved subdivision and development of a second single-family home, and instead propose to retain the property as a single lot, maintaining the existing single-family home, with some site improvements as outlined below. In August 2022, City staff was made aware of work on the property to construct a tennis court, including pouring a concrete slab, and erecting poles for fencing. After investigation and discussion with staff, the property owners were advised of the requirement for a PUD Development Plan to be approved to allow for any work requiring a building permit to be performed. Flatwork, such as pouring a concrete slab for a sports court, is not subject to a building permit, whereas most vertical construction (including fencing above specified heights) typically requires a building permit. In March 2023, the applicant/property owners applied for a PUD development plan that would establish development standards for the subject parcel and allow the City to provide specific guidance for any future development on the subject parcel; among the standards are some that pertain to the tennis court. PLANNING COMISSION RECOMMENDATION On December 13, 2023, the Planning Commission, by a 4-1 vote, recommended approval of the application, based on the PUD findings of approval and subject to conditions of approval listed in Exhibit A (in Attachment 1). The Planning Commission initially recommended approval of the project at a hearing on August 23, 2023, but, following the meeting, staff found there to be some ambiguity in the motion for approval, and based on this and further information submitted by the applicant, requested the item be returned to the Planning Commission to re- affirm its decision and clarify the conditions of approval. The discussion section below provides additional information. DISCUSSION Site and Area Description The subject property is a flat, approximately 1.67-acre site located between Martin Avenue and Dennis Drive and is developed with an approximately 4,173-square-foot two-story, single- family residence with an attached garage built in 1977. There are several mature trees clustered in the center of the lot with established landscaping surrounding the existing residence. Single-family residences are located north, south, and west and Alameda County Flood Control District property is located east, across Martin Avenue, of the subject site (see Figures 1 and 2). Existing houses in the area are both one- and two-story and sited appropriately with their respective lot sizes, which generally range between 0.5 and 1 acre or more in size. On adjacent parcels, the nearest structures are setback approximately 5 feet from the property line (see Figures 4 and 5 in Attachment 2, Exhibit C). Additionally, the Page 22 of 201