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P23-0599, 5976 & 5994 W. Las Positas Blvd. Planning Commission 2 of 8 EXECUTIVE SUMMARY The project consists of an application for Design Review and a Vesting Tentative Map for a housing development that includes the demolition of two existing commercial buildings and construction of 146 multi-family residential units with 38 accessory dwelling units, and with associated site improvements located at 5976 & 5994 West Las Positas Boulevard. The Hacienda PUD designates the subject site as Garden Office (OGPD), which does not permit residential development except Nursing Homes/Assisted Living Facilities. Therefore, staff recommends that the Planning Commission deny the applications. BACKGROUND On January 26, 2023, the applicant submitted an application for preliminary review pursuant to SB 330 1. (Exhibit B) On July 24, 2023, the applicant submitted applications for Design Review and a Vesting Tentative Tract Map. (Exhibit C) On August 23, 2023, staff notified the applicant that the applications were incomplete. (Exhibit D) Staff also sent the applicant a courtesy letter on August 25, 2023, pointing out that the Hacienda PUD (Ordinance No. 2186) designates the subject site as Garden Office (OGPD), which does not permit residential development except Nursing Homes/Assisted Living Facilities. (Exhibit D) The courtesy letter also pointed out that it would be necessary for the applicant to submit an application for a Major Planned Unit Development (PUD) Modification to allow residential development as proposed. The applicant resubmitted the applications on November 17, 2023, with additional materials, but without any application for the Major PUD Modification. (Exhibit E) On December 15, 2023, staff notified the applicant that the applications were complete. Staff also sent the applicant a second courtesy letter on December 18, 2023, notifying the applicant that, although the applications were deemed complete, a Major PUD Modification was still required for the project. (Exhibit F) On January 12, 2024, staff provided notification to the applicant that, pursuant to SB 330, their applications did not conform with City standards because the proposed project is inconsistent with the zoning of the parcel. (Exhibit G) Also, on January 12, 2024, staff sent the applicant a third courtesy letter, again urging the applicant to submit an application for a Major PUD Modification. (Exhibit G) The courtesy letter also outlined a viable path forward for obtaining such a Major PUD Modification, including providing the applicant with sample standards that could be adopted via the Major PUD Modification process and applied to the project. SITE AREA AND DESCRIPTION The approximately 7.29-acre project site is currently occupied by general office uses, including medical offices. Surrounding existing land uses include commercial uses (primarily general offices) that also include medical offices to the west, north, and east. A grocery store is located diagonally across Hopyard Road northwest, and the Arroyo Mocho trail is located at the project’s southern border. 1 SB 330 is also known as the Housing Crisis Act of 2019 (Government Code, §65589.5) SB 330 also amended other California laws, including the Housing Accountability Act and the Permit Streamlining Act.