Davis Planning Commission Meeting - July 10, 2024

The Davis Planning Commission met on July 10, 2024, at 7:00 PM to consider two major items: a proposed amendment to the Oak Shade Town Center Planned Development to relax use and size restrictions, and amendments to the Downtown Davis Form Based Code to address legal non-conforming structures. The commission recommended approval of the Oak Shade amendments with a modification and continued the Form Based Code discussion for further research.

Brief Announcements

• Council liaison Donna Neville noted the City Council had accepted a three-year strategic homelessness plan, which aligns with the upcoming General Plan update.
• Staff reported that the Shriners project NOP was released, Palomino and Promenade EIRs are underway, and the North Covell Creek project was formally withdrawn on July 5, 2024.

Public Comments & Testimony

• Item 5B – Form Based Code Amendments: Luis Miguel, owner of 523 G Street, and his partner Larissa Pomesticova spoke about their two-year effort to develop a five-unit multiplex on their property behind an existing legal non-conforming house. They expressed frustration that after significant investment and staff encouragement, they were told the project cannot proceed under the current code. They urged the commission to reject the proposed amendments that would further limit redevelopment and asked for flexibility to preserve the existing structure while adding density.

Discussion Items

5A. Oak Shade Town Center PD Amendment (2107–2151 Cowell Boulevard)

• Staff Presentation: Principal Planner Dara Dungworth explained the request by Regency Centers to amend the existing PD to reclassify many conditional uses as permitted, remove size limits (including grocery store cap of 40,000 sq ft), and allow greater leasing flexibility for two vacant anchor spaces (21,000 and 17,000 sq ft). Staff recommended approval, leaving daycare and gas stations as conditional uses. The city’s Economic Development Manager Katie provided data showing Davis has higher commercial vacancy rates than the Sacramento region and nation.
• Applicant Presentation: Jennifer Hess from Regency Centers described their marketing efforts and intention to expand the existing grocer (Safeway) into the former Rite Aid space with a pharmacy. No building footprint changes are planned.
• Commission Questions: Commissioners inquired about parking, daycare concerns, restaurant competition, and the rationale for historic size limits. Staff noted the limits were originally intended to keep neighborhood centers small and protect downtown, but market conditions have changed. The commission discussed whether to remove the “residential or office uses on upper stories” from permitted uses; a compromise was proposed to move it to conditional uses.
• Public Comment: None.
• Outcome: The commission voted unanimously to recommend City Council approval of the PD amendment with the modification that 4A13 (residential or office uses on upper stories) be moved from permitted to conditional use. Commissioner McLaughlin made the motion, seconded by Commissioner Deos.

5B. Downtown Davis Form Based Code Amendments

• Staff Presentation: Associate Planner Thomas McNairn presented proposed amendments to clarify legal non-conforming structures. Key provisions: if a non-conforming structure is damaged >60% of appraised value, it must establish a new building type; additions limited to 15% of existing gross square footage; demolition of >25% of perimeter requires new building type; no additional building sites allowed on a lot with a legal non-conforming structure. Staff also proposed to add the duplex building type and increase cottage court heights from 1 to 2 stories.
• Commission Questions: Extensive discussion on the 15% and 60% thresholds, their origins, and impacts. Commissioners expressed concern that the rules discourage incremental development, penalize small property owners, and conflict with the goal of densification. They cited the 523 G Street project as an example where an attractive old house could be preserved while adding density. Options like SB9, ADUs, and looking at other cities’ approaches were raised.
• Public Comment: Luis Miguel and Larissa Pomesticova detailed their project and pleaded for flexibility.
• Commission Deliberation: Nearly all commissioners agreed more research is needed. They directed staff to investigate how other jurisdictions with form-based codes handle legal non-conforming structures, including percentages, hardship cases, and insurance implications. Some suggested the commission might separate the non-conforming issues from other non-controversial amendments (e.g., cottage court heights). Commissioner Bennett proposed cross-referencing language and notifying affected property owners.

Key Outcomes

• Oak Shade Town Center PD Amendment: The commission voted 7-0 to recommend City Council approval with the modification that Section 4A13 (residential/office on upper stories) be moved from permitted to conditional use. The recommendation also includes a CEQA exemption finding.
• Downtown Form Based Code Amendments: The public hearing was continued off calendar to allow staff to conduct additional research on other cities’ practices, the interaction with SB9, ADU allowances, and potential hardship provisions. Staff will return with refined recommendations, likely in late August or September 2024. No vote was taken.
• Upcoming Meetings: July 24, August 14, August 28, September 11, and September 25 are reserved, with the July 24 meeting tentatively including a Chipotle design review and conditional use permit.