Item No. 12. Page 1 of 2
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City Council
Supplemental Report
From: Jonathan Lait, Planning and Development Services Director Meeting Date: March 16, 2026
Item Number: 12
Report #:2603-6126
TITLE
QUASI-JUDICIAL. 2100-2400 Geng Road [24PLN-00356 & 24PLN-00357]: Request for Approval of Applications for Site and Design, a Conditional Use Permit, and a Vesting Tentative Map to Construct 145 For Sale Townhome Units. Thirteen Percent of the Units Would Be Deed Restricted to Low Income Households. The Project is Proposed in Accordance with Builder’s Remedy (California Government Code Section 65589.5(d)(5)). A Senate Bill 330 Pre-Application was Filed on July 8, 2024. The Project Also Includes Adoption of a Parkland Improvement Ordinance to Authorize Tree Removals in the Baylands Athletic Center, Which Would be Impacted by the Project. CEQA Status: Exempt from CEQA in Accordance with CEQA Guidelines Section 15183 (Comprehensive Plan Consistency).
RECOMMENDATION
Staff recommends that Council consider the additional information provided in this report, including the revised Draft Record of Land Use Action.
BACKGROUND
This supplemental memo transmits an updated Attachment B: Draft Record of Land Use Action.
Following publication of the agenda packet, staff identified two inadvertent errors and omissions in the Draft Record of Land Use Action. This memo also provides an update on Parkland Dedication fees for the project.
Record of Land Use Action
First, the City is required, pursuant to SB 166 (2017, Gov. Code § 65863) to make certain findings whenever a parcel is developed with fewer units by income category than identified in its housing element. Those findings have been added into Section 1 of the attached revised Draft Record of Land Use Action.
Second, this project differs from most because it requires a Park Improvement Ordinance, which will not be effective until the 31st day following adoption on second reading. Accordingly, staff have revised Section 12 of the Draft Record of Land Use Action so that the effective dates of the planning entitlements to coincide with the effective date of the ordinance.
Item No. 12. Page 2 of 2
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Parkland Dedication in-lieu fees
The applicant recently identified a potential issue with the fee estimate provided by staff, specifically with respect to Parkland Dedication in-lieu fees. Staff prepared the fee estimate using the proposed number of new residential units, but did not provide any offsetting credit for the demolition of approximately 190,000 square feet of existing office space. It is the City’s standard practice to provide such offsetting credits for fees subject to the Mitigation Fee Act (Gov. Code §§ 66000-66025), but it was not automatically calculated in this case because Parkland Dedication in-lieu fees are imposed under a separate statutory scheme, which was not historically subject to the same strictures. Recent court decisions have clarified, however, that Parkland Dedication in-lieu fees may be subject to similar requirements to mitigation impact fees. The applicant has indicated its intent to “protest” the failure to provide a credit under the City’s fee protest procedures (PAMC Sections 16.64.060-070), and pursuant to the recent Sheetz v. County of El Dorado decision of the United States Supreme Court. Staff will evaluate this request, which could result in a reduction of Parkland Dedication in-lieu fees of up to $3.5-4 million.
ATTACHMENTS
Supplemental Attachment A: Revised Draft Record of Land Use Action APPROVED BY:
Jonathan Lait, Planning and Development Services Director