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HomeMy WebLinkAbout09/09/2020 Item 4, Ryff Item #4, 3065 Lucca Lane Planning Commission, September 9, 2020 Comments Submitted by Gail Ryff Gail Ryff, 354 Tresana Lane, SLO 93401 1 I believe the Affordable Housing Site is nicely designed and will be a good addition to our community. I have two areas of concern regarding the staff report for the Planning Commission to review: A. Adequate parking for the residents of the Affordable Housing (Section 17.140.040K): I believe, the assumptions regarding the Section 17.140.140K for the proposed number of parking spaces are inadequate primarily due to the location of the Toscano Affordable Housing Site. Unlike other affordable housing site locations, this one is not located on public streets. Also, the proposed parking spaces do not provide at least one space per unit as it implies. B. Iron perimeter fencing and placing a tandem parking lot that may have a creek setback requirement: The staff report does not indicate a see-through fencing pursuant to Section 2.4.5 of the Margarita Area Specific Plan (MASP) or addresses if the tandem parking lot is required to meet the Creekside setback requirements of Section 17.70.030F. A. Adequate Parking for the Residents of the Affordable Housing (Section 17.140.040K): It states on Packet Page 217: “Parking: The Zoning Regulations Section 17.140.040K (Low-income housing parking) provides alternative parking requirements for a project that provides exclusively very low or low-income housing based on one car and one bicycle space per dwelling unit. Section 17.140.040K also provides the opportunity for the parking requirements to be met by tandem parking. Total required parking for the project includes 38 vehicle parking spaces and 38 bicycle spaces; the project provides 44 vehicle parking spaces on site, and 50 bicycle parking spaces. The community room and a leasing office have also been included in the required parking table shown on the project plans; however, these accessory spaces do not require dedicated parking spaces.” Section 17.140.040K: CITY OF SAN LUIS OBISPO March 2019 Title 17 ± ZONING REGULATIONS 8-14 Table 8-5: Density Bonus for Land Donation Dedication for Affordable Housing Percentage Very Low-Income Units Percentage Density Bonus 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 I. Housing for Transitional Foster Youth, Disable Veterans, and Homeless Persons. If a developer agrees to construct as least 10 percent of the total dwelling units in a housing development for transitional foster youth, as defined in Education Code Section 66025.9, or for disabled veterans, as defined in Government Code Section 18451, or for homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act, the Director Vhall gUaQW Whe deYelRSeU, XSRQ Whe deYelRSeU¶V UeTXeVW, a density bonus of 20 percent. The units shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very-low- income units. J. An applicant may elect to accept a lesser percentage of density bonus. K. Parking Requirements. 1. Upon the request of the developer, parking ratios of a development meeting the criteria of this Section, inclusive of handicapped and guest parking, shall be as follows: a. Studio to one bedroom: one onsite parking space per unit. b. Two to three bedrooms: two onsite parking spaces per unit. c. Four or more bedrooms: two and one-half parking spaces per unit. CITY OF SAN LUIS OBISPO March 2019 Title 17 ± ZONING REGULATIONS 8-15 d. Senior housing: 0.5 spaces per bedroom 2. Housing developments occupied exclusively by extremely low, very low, or low-income households, as defined by the State, may provide one car and one bicycle space per dwelling unit. 3. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. 4. For purposes of this Section, a development may provide onsite parking through tandem or uncovered parking, but not through on-street parking. 5. An applicant may request additional parking incentives or concessions beyond those provided in this Section. 17.140.050 ² Standard Incentives for Mixed Use Projects When an applicant for a commercial development partners with a housing developer proposing to provide affordable housing, the City shall grant to the commercial developer a development bonus pursuant to Government Code Section 65915.7 (Commercial development incentives for affordable housing.) 17.140.060 ² Standard Incentives for Conversion of Apartments to Condominium Projects A. For the purposes of this SecWiRn, ³RWheU incenWiYeV Rf eTXiYalenW financial YalXe´ Vhall nRW be cRnVWUXed WR UeTuire the City to provide cash transfer payments or other monetary compensations but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval. B. For purposes of this SecWiRn, ³denViW\ bRnXV´ meanV an incUeaVe in XniWV Rf 25 percent over the number of apartments to be provided within the existing structure or structures proposed for conversion. C. When an applicant for approval to convert apartments to condominium units agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income, or 15 percent of the total units of the proposed condominium project to lower income households, and agrees to pay for the reasonable, necessary administrative costs incurred by the City pursuant to this Section, the Director shall grant a density bonus or provide other incentives of equivalent financial value as it finds appropriate. D. Nothing in this Section shall be construed to require the City to approve a proposal to convert apartments to condominiums. E. An applicant shall not be eligible for a density bonus under this Section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Sections 17.140.040, 17.140.050, or 17.140.070. F. The City Vhall gUanW Whe deYelRSeU¶V UeTXeVW fRU deYelRSmenW incenWiYe(V) XnleVV Whe Council makes written findings of fact that the additional incentive(s) are not required to achieve affordable housing objectives as defined in Section 50062.5 of the Health and Safety Code, or to ensure that sales prices for the targeted dwelling units will be set and maintained in conformance with City affordable housing standards. 17.140.070 ² Alternative or Additional Incentives A. When a developer agrees to construct housing for households of very-low, lower, or moderate income households, or for qualifying senior households, or for qualifying transitional foster youth, disabled veterans, or homeless persons, and desires an incentive other than a density bonus as provided in Section 17.140.040 (Standard Incentives for Housing Projects), or when an applicant for approval to convert apartments to a condominium project agrees to provide housing for households of very-low, lower, or moderate income, or for qualifying senior households, the developer shall receive the following number of incentives or concessions: Item #4, 3065 Lucca Lane Planning Commission, September 9, 2020 Comments Submitted by Gail Ryff Gail Ryff, 354 Tresana Lane, SLO 93401 2 Section 17.140.040K(1) indicates the developer should plan for additional handicap and guest parking spots as if the proposed Toscano Affordable Housing Site of 18 studio to one-bedroom units and 20 two- or three-bedroom units is planned at a total of 58 resident parking spaces. The proposed resident parking (excluding the six guest and business office spaces) provide 38 parking spaces in which 14 of them are tandem parking spaces that are allocated to seven resident units and four handicap spaces. Thus, not every resident unit has a parking space. See the chart on page 3. It should be noted that Section 2.4.5 of the MASP requires 58-parking spaces plus eight additional for guest and handicap spaces for a total of 66 parking spaces. Section 2.4.5: Each studio or one-bedroom dwelling: one space; Each two-or-more-bedroom dwelling: two spaces; One guest space for five dwelling units; The MASP also planned for an extensive public transportation availability as well as adequate bike lanes. At this time, neither exist. The nearest bus stop is .5 mile away. This staff report states this site is for “exclusively very low or low-income housing based on one car and one bicycle space per dwelling unit.” It appears that Section 17.140.040K(1) Standard Incentives for Housing Projects is waved that would have guaranteed adequate resident parking based on unit size. However, there is not even one parking space per unit pursuant to Section 17.140.040K(2) because the 14 tandem spaces must be allocated to seven of the two-or three- bedroom units and cannot be shared. Questions: (1). What criterion was used to determine if the reduced number of proposed parking spaces for very low-income or low income is adequate? Is it a reasonable planning assumption in this case where the site is not located on a public street? One of the Commissioners at the Architectural Review Commission held on June 15, 2020 believed the majority of low-income residents will not have a vehicle. This belief was based on driving by an affordable housing site in the mornings on Broad Street and the parking lot appeared empty. Has the City Planning Department or HASLO contacted the County Social Services to determine if this assessment is valid for very low or low-income families living in our County or benchmarked with other affordable housing sites recently developed? The Courtyard at the Meadows, located on a corner with public street parking, has at least one resident unit parking space with a net availability of six spaces, whereas, the Toscano site indicates a net negative availability of ten single parking spaces with no adjacent public street parking. Refer to the comparison chart on page 3. Item #4, 3065 Lucca Lane Planning Commission, September 9, 2020 Comments Submitted by Gail Ryff Gail Ryff, 354 Tresana Lane, SLO 93401 3 (2). In reality, the 14 tandem spaces can serve only seven units. Did Section 17.140.040K(4) imply these 14 tandem spaces actually count for 14 one-unit spaces? Or, does this it imply that these 14 spaces can meet the criteria of two or three-bedroom units under Section 17.140.040K(1)? I question how the 14 tandem spaces are counted as 14-single unit spaces. Even if the six guest and business parking spaces are eliminated, it still leaves four units without a parking space. (3). Has a study been performed to see if the public streets have a minimum ten additional spaces for the residents in which one parking space for each unit does not exist at the site? Even if the six designated parking for business and guest users are eliminated, the site is still short four parking spaces for every resident unit to have at least one parking spot on the site. The number could actually be as high as 17 parking spaces since there are 13 of the 20 two- or three-bedroom units that could need two parking spaces in which the current seven tandem parking spaces provide parking for seven of these units. Without actual comparative data, this is unknown. Parking on any of the Toscano Development private easement guest parking or streets, will be prohibited for the residents of the Affordable Housing Site and could result in being towed at owner expense. There is no adjacent public street parking at the site. Unfortunately, the public streets have many non-parking red curbs because of the drainage creek areas and the number of interior streets requiring turning visibility. The Toscano Homeowners Association cannot preclude public street parking of its homeowners in order to provide the Affordable Housing residents more parking to make up for its inadequate on-site parking spaces. Comparison of Parking Spaces: Affordable Housing at Toscano and Serra Meadows Column 1 2 3 4 5 6 7 8 9 10 Development No. of Units One Bedroom Two Bedrooms Three Bedrooms Total Parking Spaces Tandem Spaces Single Space Parking Availability Excluding Columns 8 & 9. Handicap Parking Business Office & Guest Parking Net Availability: Toscano Affordable Housing 38 18(1)10 10 44 14(2)27 4(3)6 -10 Courtyard at the Meadows 36 9(4)18 9 44 0 42(5)2 0 6 (1). 14 Studio 1 Bedroom AV SF: 500+ & 4 1 Bedroom AV SF: 600+. (2). 14 tandem spaces and can only be used by seven units. (3). Spaces 19, 20, 37 and 38. (4). 1 Bedroom AV SF: 550 (5). 2 parking spaces for electrical vehicle charging stations. Sources: ARC Staff Report, dated 6/15/20 for Toscano Affordable Housing and Actual Count at the Courtyard at the Meadows. Item #4, 3065 Lucca Lane Planning Commission, September 9, 2020 Comments Submitted by Gail Ryff Gail Ryff, 354 Tresana Lane, SLO 93401 4 (4). Since it appears there is inadequate on-site parking and no public street parking adjacent to the Affordable Housing Site, will there be a drop off area, i.e., grocery bags or large purchases before heading off to look for available public street parking? Up to ten units may not have a parking space if the spaces are allocated based on the proposed site plan with six guest and business parking spaces. It does not show a drop off area. Refer to page 6. (5). Is it possible to reduce the number of apartments or eliminate the Community Room in Building 01 to provide all residents with at least one parking space per unit? Even if the business office and guest parking spaces are eliminated, each resident unit still will not have at least one parking space, whereas, the Courtyard at the Meadows provides each resident a space with a net six left over with two handicap parking spaces and is located on a corner with public streets, unlike this site. Refer back to the chart on page 3. (6). Has the Fire Department verified there is actually enough room for a fire truck, especially with an ambulance behind it, to turn around? Refer to page 6. The turnaround area at the site for a fire truck, with an ambulance following behind, seems awfully tight. What about a fire where more than one firetruck may be needed at the site? B. Iron Perimeter Fencing and Placing a Tandem Parking Lot That May Have a Creek Setback Requirement: All Toscano Owner Lots located along the Common Areas on the creek corridors are required to have iron fences in accordance with the MASP. 1.2 Creek Corridors: The un-named swales emerging from the hills, which mostly will be bordered by development, will have open-space corridors about 17 meters (50 feet) wide, generally centered on the natural flow line (Figure 3). Swales will be kept open except for necessary bridges. Their alignment may be changed slightly to better accommodate intended lot and street patterns. Native riparian vegetation will be reintroduced, to create a shading canopy, with tree trunks clear of the swale’s flow line. Along private development sites, the edges of creek corridors will be fenced to assure that residential structures and activities do not encroach. The type of fencing will allow views into the corridors (wire-grid, coated chain-link, or split-rail are acceptable). Item #4, 3065 Lucca Lane Planning Commission, September 9, 2020 Comments Submitted by Gail Ryff Gail Ryff, 354 Tresana Lane, SLO 93401 5 Section 17.70.030C. Measurement of Creek Setbacks: Section 17.70.030F Creek Setbacks: Questions: (1). Will the Affordable Housing site have similar fencing around the perimeter like the Toscano Housing Development? (2). Will the trash enclosure area, next to the open fencing and the creek, attract rodents that could destroy the plant habitat in the creek area? Refer to page 6. (3). Is the tandem parking lot in a creek setback pursuant to Section 17.70.030F(3)? Refer to page 6. (4). Has the Planning Department verified the 14-space tandem parking lot is acceptable with the Army Corp of Engineers who has an easement of the drainage area, and Althouse and Meade, Inc. that oversees the plant and habitat for the California Department of Fish and Wildlife for this creek? CITY OF SAN LUIS OBISPO March 2019 Title 17 ± ZONING REGULATIONS 3-5 Accessory structures that include habitable space, as defined by the California Building Code, shall be regulated by Section 17.86.020 (Accessory Dwelling Units and Guest Quarters). C. Development Standards. 1. General Development Standards. Accessory structures shall conform to all applicable Zoning Regulations such as height, yards, parking, building coverage, etc. 2. Incidental Use. The use of an accessory structure is incidental, and subordinate to the use of the principle structure, or to the principle land use of the site. 3. Form. Accessory structures may consist of detached structures or additions to primary structures. 4. No Bathing Facilities. No bathing facilities (e.g., shower, bathtub) may be installed. Plans submitted for a building permit may not include spaces within a bathroom designed for the later addition of bathing facilities. 5. Limit on Total Number in Residential Zones. In residential zones, no more than three accessory structures shall be permitted per lot, only one of which may include a habitable accessory structure such as an accessory dwelling unit or guest quarters. D. Process Requirements. 1. Building Permit. Development of an accessory structure shall require approval of a building permit from the CiW\¶V BXildiQg DiYiViRQ. 2. Design Review. Plans submitted for a building permit shall be reviewed for consistency with the CiW\¶V Community Design Guidelines and general development requirements of the Zoning Regulations. 3. Owners Agreement with the City. Prior to the issuance of construction permits, a covenant agreement shall be recorded that diVclRVeV Whe VWUXcWXUe¶V aSSURYed flRRU SlaQ aQd VWaWXV aV aQ ³acceVVRU\ VWUXcWXUe´ Zhich cannot contain living space, including bathing facilities or a kitchen. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections, and to allow the City upon reasonable time and notice to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this Section and Health and Safety Codes. 17.70.030 ² Creek Setbacks A. Purpose. Creek setbacks are intended to: 1. Protect scenic resources, water quality, and natural creekside habitat, including opportunities for wildlife habitation, rest, and movement; 2. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat corridor can be established; 3. Allow for natural changes that may occur within the creek corridor; 4. Help avoid damage to development from erosion and flooding; and 5. Enable implementation of adopted City plans. B. Waterways Subject to Setbacks. Creek setback requirements shall apply to all creeks as defined in the General Plan Open Space Element and VhRZQ RQ WhaW elePeQW¶V cUeek PaS, aQd RQl\ WR WhRVe cUeekV. C. Measurement of Creek Setbacks. Creek setbacks shall be measured from the existing top of bank (or the future top of bank resulting from a creek alteration reflected in a plan approved by the City), or from the edge of the CITY OF SAN LUIS OBISPO March 2019 Title 17 ± ZONING REGULATIONS 3-6 predominant pattern of riparian vegetation, whichever is farther from the creek flow line (Figure 3-1: Creek Setbacks). Top of bank determination shall be consistent with California Department of Fish and Wildlife where State or Federal jurisdictional areas apply. The Director or Natural Resources Manager may determine the predominant pattern of riparian vegetation, where the edge of the vegetation varies greatly in a short length along the creek, in a way unrelated to topography (e.g., the Director will not base the setback line on individual trees or branches extending out from the channel or on small gaps in vegetation extending toward the channel). Where riparian vegetation extends over a public street, no creek setback is required on property which is on the side of the street away from the creek. D. Plan Information. The location of top of bank and of riparian vegetation shall be shown on all project plans subject to City approval. The location of these features is subject to confirmation by the Director, based on observation of actual conditions and, as needed, the conclusions of persons with expertise in hydrology, biology, or geology. E. Creek Setback Dimensions. Different setback dimensions are established in recognition of different lot sizes and locations of existing structures for areas within the City in comparison with areas that may be annexed, and in response to different sizes of the creek channels and tributary drainage areas. 1. Creeks within the 1996 City Limits. Along all creeks within the City limits as of July 1, 1996, the setback shall be 20 feet, except as provided in subsections E.3, E.4, and G of this Section. Where the City limit follows a creek, the setback on the side within the 1996 City limits shall be 20 feet, and the setback on the annexed side shall be as provided in subsection E.2 of this Section. 2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to the City after July 1, 1996, the following setbacks shall be provided, unless a specific plan or development plan approved by the Council provides a larger or smaller setback, consistent with the purpose of these Zoning Regulations and with General Plan policies: a. 50-Foot Setbacks. The setback along the following shall be 50 feet: San Luis Obispo Creek (all of main branch); San Luis Obispo Creek East Fork, from San Luis Obispo Creek (main branch) to the confluence with Acacia Creek; and Stenner Creek. b. 35-Foot Setbacks. The setback along the following shall be 35 feet: Prefumo Creek; Froom Creek; Brizziolari Creek; San Luis Obispo Creek East Fork tributary, from the confluence with Acacia Creek to Broad Street (Highway 227); Acacia Creek and its tributaries west of Broad Street (Highway 227); and the segment of the tributary of Acacia Creek which flows generally parallel to and on the easterly side of Broad Street (Highway 227), from Broad Street to Fuller Road. c. 20-Foot Setbacks. The setback along all creeks except those listed in subsections E.2.a and E.2.b of this Section shall be 20 feet. (Informational map is available in the Community Development Department.) 3. Additional Upper Story Setbacks. Where the zone allows more than two stories, an additional 10-foot step back (upper story building setback) shall be provided beginning at the third story level. The upper story step back shall be provided along all building elevations with creek-facing frontage. 4. Larger Setbacks. To mitigate potentially significant environmental impacts in compliance with the California Environmental Quality Act, or to implement adopted City plans, when approving a discretionary application the City may require setbacks larger than required by subsections E.1 and E.2 of this Section, or further limitations on the items which may be placed within setbacks. Also, other City regulations may restrict or prevent development in a floodway or floodplain. 5. Prior Approvals. Where the City has explicitly approved a creek setback smaller than required by this Section prior to adoption of these regulations, that smaller setback shall remain in effect so long as the approval is in effect. CITY OF SAN LUIS OBISPO March 2019 Title 17 ± ZONING REGULATIONS 3-7 F. Improvements Prohibited within Setbacks. The following shall not be placed or constructed within a creek setback, except as provided in subsection G of this Section: 1. Structures larger than 120 square feet 2. Paving 3. Parking lots 4. Fire pits, barbeques, and other open flames 5. Mechanical equipment 6. In nonresidential zones, areas used for storing or working on vehicles, equipment, or materials G. Exceptions to Creek Setbacks. 1. Replacement Structures. Where a structure lawfully existed on or before October 3, 1996 within a creek setback required by this Section, the provisions of this Section shall apply. This part is not intended to allow replacement of paving that existed on or before October 3, 1996 with new paving or a building, unless a discretionary approval is obtained in compliance with subsection G.4 of this Section. a. Any structure built in replacement of such a structure may occupy the same footprint, within the creek setback, as the previous structure, without obtaining a discretionary exception. See also Section 17.70.170.D.1.b (Reduced Front or Street Side Setback for New Structure Providing Additional Creek Setback). b. Additional floor area shall not be added to the encroaching part of the structure (e.g., by adding stories). c. The part of a structure that is nonconforming due solely to the creek setback encroachment may be remodeled without regard to the limits of Section 17.92.020 (Limits on Reconstruction ± Exceptions) of these Zoning Regulations. 2. Accessory Structures and Uses. The following items may be located within the required creek setback without obtaining a discretionary exception unless otherwise noted, provided, that they do not extend beyond the top of bank into the creek channel; will not cause the removal of native riparian vegetation; will not reduce an\ flooding caSaciW\ in comSliance ZiWh Whe CiW\¶V flood damage SUeYenWion UegXlaWionV; in WoWal o ccupy not more than one-half of the total required creek setback area; and are consistent with other property development standards of the Zoning Regulations. a. Walls or fences, provided that in combination with buildings they enclose not more than one-half of the setback area on any development site. b. For a single-unit dwelling: uncovered parking spaces. c. Patios and pervious walkways. However, impervious pedestrian walkways and bicycle paths shall require a DiUecWoU¶V Hearing as provided in subsection G.4. of this Section. d. Decks, stairs, and landings that are no more than 30 inches in height, as measured from adjacent existing grade. e. One-story, detached buildings used as tool and storage sheds, play houses, and similar uses, provided the projected roof area does not exceed 120 square feet. No more than one such building is allowed per parcel. f. Garden structures such as trellises, arbors, and gazebos, provided they are constructed using an open lattice design and light-weight materials. g. Picnic tables and benches. h. Natural flood control and stormwater improvements, including vegetated buffers, bioswales, and rain gardens. Item #4, 3065 Lucca Lane Planning Commission, September 9, 2020 Comments Submitted by Gail Ryff Gail Ryff, 354 Tresana Lane, SLO 93401 6