Pasadena City Council
November 14, 2022

Office of the City ManagerAppeal of BZA DecisionRegarding Completeness Determination141 South Lake AvenueCity CouncilNovember 14, 2022 Planning & Community Development DepartmentBackground•What is before the Council is an appeal of adetermination that an application for ConceptDesign Review is incomplete for processing:>On May 10, 2022, a Concept Design Review application was filed for a new mixed-use project located at 141 S. Lake Ave. The project includes density bonus and concessions.>The application was reviewed for completeness against the required submittal checklistfor Concept Design Review.>Required items from the checklist were not provided and staff deemed the applicationincomplete for processing.2 Planning & Community Development DepartmentBackground•Completeness Review:>Under the Permit Streamlining Act, a public agency is required to review a developmentapplication and determine its completeness within 30 days of submission and notify theapplicant of missing items.>On June 9, 2022, the subject application was deemed incomplete due to missing threerequired items and an incomplete notice was sent to the applicant.>On June 14, 2022, the applicant filed an appeal of the incomplete determination.>The Permit Streamlining Act requires that an appeal be heard and provided with a finalwritten determination within 60 days by the governing agency; the City Council or thePlanning Commission, or both.>The applicant waived the 60-day timing requirement and requested that the appeal beheard first by the Board of Zoning Appeals, with any subsequent appeal heard by the CityCouncil.>An appeal hearing date of July 21, 2022, was offered to the appellant. However, due toscheduling conflicts, the appellant elected to have the appeal heard August 18, 2022.3 Planning & Community Development DepartmentBackground: Board of Zoning Appeals•On August 18, 2022, the Board of Zoning Appealsheard the appeal at a scheduled public meeting:>At the conclusion of the public hearing, a motion was made to deny the appeal and uphold the determination that the submitted Concept Design Review application is incomplete by a vote of 3-0. >The decision was based on the fact that not all the required items from the checklist for Concept Design Review were submitted for the application.>On August 29, 2022, the applicant filed an appeal application citing a disagreementwith the decision of the Board of Zoning Appeals.4 Planning & Community Development DepartmentIncomplete Notice –Current Status•Deemed incomplete for missing these requiredsubmittal items:1.Payment of application fees;Fees were paid immediately after the issuance of incomplete letter2.Notification Packet (for public noticing purposes); andNotification Packet was submitted after the BZA meeting3.Density Bonus Concessions and Incentives Information.This item is still outstanding•As is permitted and standard practice, the incomplete notice included a separate listrequesting that the applicant clarify or correct material that was submitted for ConceptDesign Review and for compliance with the Zoning Code.These clarification/correction items were not the basis for determining the application to beincomplete; this is provided as information only to an applicant.5 Planning & Community Development DepartmentAppeal of Incomplete Notice•Appeal:>The applicant asserts that the submitted application is complete and that the requestedinformation related to “Density Bonus Concessions and Incentives Information” is notrequired and is contrary to State law.•Response to Appeal:>California Government Code §65915 (Density Bonus Law) allows an agency to request,from an applicant,reasonable documentation to establish eligibility for a requesteddensity bonus or concession(s) and information that the concession results in identifiableand actual cost reductions to provide for affordable housing costs or rents.>The City’s application form asks only for the information specifically allowed by state lawrelated to “Density Bonus Concessions and Incentives Information,” as follows:“…provide documentation showing that the requested incentive or concession willresult in identifiable and actual cost reductions to provide for affordable housing costsor rents.”>The applicant can submit the remaining submittal item to have the application deemedcomplete.6 Planning & Community Development DepartmentConclusion and Recommendation•Staff recommends that the City Council deny the appeal; and•Uphold the determination that the application is incomplete. 7 Office of the City ManagerAppeal of BZA DecisionRegarding Completeness Determination141 South Lake AvenueCity CouncilNovember 14, 2022 Planning & Community Development DepartmentSubmittal Requirements 9 Planning & Community Development DepartmentProject Description 10 •Mixed-Use Project:>134 dwelling units>3,954 sf of commercial space>Up to six-stories (72’)>139,241 sq. ft. of floor area•CD-5 Zoning District.•High Mixed Use (0-87 du/ac, 0-3.0 FAR) General Plan