There were significant errors, omissions, and mischaracterizations about zoning, the EIR, and contractual obligations.
By Rik Keller
Note: The following has been set to members of the Planning Commission and members of the City Council
I’ve been following the U-Mall/University Commons/The Davis Collection discussions with interest. I have decades of land use planning experience as a consultant for cities and counties since receiving my Master of Science in Community and Regional Planning degree in the mid-1990s, including general plan policy review and development, zoning ordinances, housing elements, and project consistency review. Based on my knowledge and experience in the field, I have some very strong questions about the process that the City has conducted.
Looking at the 3/8/2023 staff report for the Planning Commission in detail:
- There are significant errors, omissions, and mischaracterizations about the Mixed Use (MU) land use designation and associated Planned Development (PD) zoning district adopted for the site by the City Council on August 25, 2020. I believe these errors may be significant enough to re-open the discussion about a required residential component for the site and possibly require additional City Council votes;
- There are also significant errors, omissions, and mischaracterizations about the required environmental analysis under CEQA for the revised project. Specifically, because the project no longer has a residential component, the streamlining procedures that allowed for some CEQA analysis exemptions no longer apply, and additional EIR analysis appears to be required;
- Finally, many of the contractual obligations under Development Agreement (DA) no longer apply, but an amended DA was not completed by the project proponent and City Council.
In summary, there appear to be numerous shortcuts taken to approve the modified project that aren’t legally adequate.
As a note: In his 3/20/23 appeal to the 3/8/2023 PC decision, Councilmember Bapu Vaitla did question the consistency of The Davis Collection proposal with broader General Plan vision statements but did not directly address the specific language and requirements for the Mixed Use designation and the PD zoning district for the site.








