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75C - PH - THE BOWERY
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75C - PH - THE BOWERY
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Last modified
8/13/2020 5:10:27 PM
Creation date
8/13/2020 4:53:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75C
Date
8/18/2020
Destruction Year
2025
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City of swu Ana -The Bowery <br />May 11, 2020 <br />Page 13 of 2a <br />If there is an inconsistency with the applicable land use plans that will not be amended, <br />as of now, them is no way for anyone to make that detemaination. (See, generally, The <br />Highway 68 Coakilon v. County ofMonieny (2017) 14 Cal. App. 5th 883, 896 [consistency <br />of development permit and development plan with general plan]; Clover Valley Foxnd v. <br />City of Rockkn (2011) 197 Cal. App. 4th 200, 239 [consistency of development project <br />with general plan]; No Oil, Inc. P. City of LosAivgeles (1987) 196 Cal. App. 3d 223 <br />lconsisicncy of Toning ordinance with general plan[; Makb4p.. County of Orange (1985) <br />165 Cal. App. 3d 1185 [consistency of specificplan with general plan].) <br />The DEIR's project description states that it is requesting to change the site's land use <br />designations, but fails to specifically identify whatprovisions those new designations <br />may include and what will change from the existing land use regime. Importantly, the <br />request for a zoning amendment to SD is vague and lacks detail sufficient to allow for <br />any real comparison to the site's underlying and applicable land use designations. The <br />SD for the site should outline all standards for buildings, height, setbacks, lot coverage, <br />minimum unit sizes, landscaping, parking, signs, fences, or other features. This <br />information cannot be found in the 1)FIR which merely requests the change to a Sly <br />from M-1 zoning without any commitment to details. For example: <br />• states the setbacks from Warner Avenue will be 12. feet and 204,eet from Red <br />Hill Avenue, with "courtyard and landscape areas [providing] additional <br />setbacks..." <br />• "I lie proposed setbacks along N_ Main Street and P,dgewood Rood wouldbe <br />greater than the minimum setbacks required in the M-1 zone." <br />(DEIR at 5.9-40.) <br />Whatare the remaining setback requirements? What are the landscaping requirements% <br />How will parking rcgwrcments be determined or will it be consistent with other DC <br />mixed -use developments? None of these important and required specifications are <br />provided in the DEIR For all these reasons, the Project's description is inadequate and <br />should be revised with additional detail_ <br />12 <br />F. The Final E1Rlmpermissiblp Defers the Development of Environmental <br />Mitigation Measures <br />13 <br />CEQA mitigation measures proposed and adopted into an environmental impact <br />report are required to describe what actions that will be taken to reduce or avoid an <br />75C-133 <br />
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