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Home My WebLink AboutMOD-0806-2021 Applicant Project DescriptionABOVE GRADE ENGINEERING address: 245 Higuera Street San Luis Obispo, CA 93401 phone: (805) 540-5115 web: www.abovegradeengineering.com Subiect. Modification to Existine TTM 3157 to Include Density Bonus Law Date: November 19, 2021 Address: 468 & 500 Westmont Ave., San Luis Obispo, CA 93405 APN: 052-496-001 Acres: 4.98 Zoning: R1 Project Description The 4.98 acre site at 468 & 500 Westmont Avenue is an existing parcel with frontage along Westmont Avenue, Stanford Drive and Cuesta Drive in San Luis Obispo. This project is a modification to the existing TTM 3157 of 23 lots. The modification changes the number of lots from 23 lots to 41 lots, two being designated very low income, and invoking the California Density Bonus Law (Section 65915). Per section 65915(r) "this chapter shall be interpreted liberally in favor of producing the maximum number of total housing units." Code Analysis Zoning per the Zoning Map, Title 17.06, establishes the parcel as Low -Density Residential (R-1, Title 17.16). Maximum Development Density — Title 17.16.020 (R-1) Maximum residential density is 7 unit per acre for parcels with an average slope between 0% to 15% (see attachment). Base Density The total R-1 area is 4.98 acres. 4.98 acres x 7 unit/acre = 34.86 Density Units The CA Density Bonus Statute 65915(q) and (r) allow, "each component of any density calculation including base density and bonus density, resulting in fractional units shall be separately rounded up to the net whole number. The Legislature finds and declares that this provision is declaratory of existing law. (r) This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units." Further, per Section 65915(a)(1) below, "When an applicant seeks a density bonus for a housing development within .........the jurisdiction of a city, county or county and city, that local government shall comply with this section." Meaning the entire section, including (q) and (r) above. Therefore, our base density for this project would be rounded up to 35 dwelling units. www.abovegradeengineering.com A California Corporation . Scott Stokes PE # 58256 ABOVE GRADE ENGINEERING address: 245 Higuera Street San Luis Obispo, CA 93401 phone: (805) 540-5115 web: www.nkovegrndp.pngineering.com Bonus Density We will designate 2 units as very low income, therefore; 2 low income unit - 35 dwelling units = 5.7% affordable Percentage Low Income Units Percentage Density Bonus 5 20 From the Table above (extracted from the California Density Bonus Law) 5% of the affordable units being Very Low income is equal to 20% density bonus. 35 base density units X 1.20 = 42 density units. The project is proposing 41 units. Below are additional specific code sections from the California State Density Bonus statute (65915) justifying our calculation. Section 65915(a)(1) "When an applicant seeks a density bonus for a housing development within, or for the donation of land fof housing within the jurisdiction of a city, county or City and county, that local government shall comply with this section. A city, county, or city and county shall adopt an ordinance that specifies how compliance with this section will be implemented. Failure to adopt an ordinance shall not relieve a city, county or city and county from complying with this section" Section 65915(a)(2) "A local government shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section..." Section 65915(b)(1) A city, county, or city and county shall grant one bonus density, the amount of which shall be as specified in subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives or concessions, as described in subdivision (d), waivers or reduction of development standards as described in subdivision (e), and parking ratios described in subdivision (p), when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the bonus density award pursuant to this section, that will contain at least any one of the following: www.abovegradeengineering.com A California Corporation . Scott Stokes PE # 58256 ABOVE GRADE ENGINEERING address: 245 Higuera Street San Luis Obispo, CA 93401 phone: (805) 540-5115 web: www.a6ovegradeengineering.com Development Standards State Law defines development standards in Section 65915(o)(1) and specifically states: "Development standard" includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open - space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation." See below which Development Standard Waivers (DSW) we are requesting for this project. Table 1: Development Standards and Their Disposition Standard Code Requirement Proposed Disposition No Building on Lots Over 30% Less than 30% average slope less than 30% DSW Bldg Site of Bldg site of 5,000 sf on natural slope greater 5,000 sf slope of 10% or less than 10% DSW Height 25' -0" Unknown DSW Minimum Lot Area (R-1) 6,000 less than 6,000 DSW Maximum Lot Coverage 40% greater than 40% DSW Min. Width (R-1) 50'-0" less than 50'-0" DSW Min. Depth 90' -0" greater than DSW (R-1) 90' -0" Min. Street Frontage (R-1) 20'-0" 0'-0" DSW Depth -Width Relationship 3:1 Max greater than 3:1 DSW Front Setback 20'-0" less than 20'-0" DSW Side Setback (Interior) 10'-0" for 23' - 24' Bldg Height 0'-0" setback DSW Rear Setback (Interior) 10'-0" 10'-0" Min. Requirement Met Parkin g Per CA Density Bonus Law 6 tandem parking Requirement Met 4 Bed+1 Bed: 2.5 + 1.0 spaces spaces ExistingTrees Trunk diameter of 3" or greater to not shown DSW be shown on the plans development Creek Setback setback shall be 20'-0" outside of DSW riparian www.abovegradeengineering.com A California Corporation . Scott Stokes PE # 58256 ABOVE GRADE ENGINEERING address: 245 Higuera Street San Luis Obispo, CA 93401 phone: (805) 540-5115 web: www.abovegradeengineering.com Fences, Walls, Interior side: max height of 6 feet Retaining wall DSW and Hedges exceeds 6-ft Front Yard No more than 40%, not to exceed exceeds 40% DSW Paving 26-ft in width Access & Neighborhood Shall have continuous sidewalks common sidewalk not DSW or paths connecting neighborhoods Connections proposed Easements for protect access to sunlight for the solar is not being DSW Solar Access neighboring parcel proposed City arhorist may require nlantinLi Not all trees to al Tree Removal Remo Tree �"-I ___ V---- -----� -- ' " of replacement trees and lensure be removed will DSW .090. they are maintained be replaced With the development standard waivers requested in Lhe [able above, the project will be able to develop additional housing and offer affordable housing units. Section 65915(e)(1) of the state bonus statute says, "In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city, county, or city and county. If court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit..." By incorporating two very low income lots as part of the proposed subdivision, this project utilizes the California Density Bonus Law, which allows the project to waive the development standards listed above. This project is a modification to the approved tentative tract map with waivers as allowed by the California Density Bonus Law and shall not be considered as a common interest subdivision. 1 ncentives/Concessions Section 65915(e)(2) of the state bonus statute says, "A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). www.abovegradeenginee ring.corn A California Corporation . Scott Stokes PE # 58256 ABOVE GRADE ENGINEERING address: 245 Higuera Street San Luis Obispo, CA 93401 phone: (805) 540-51 15 web: www.abovegradeengineering.com Section 65915(d)(2)(A) gives us 1 concession, "One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households ..." This project has designated 5% of units to be sold, or rented, as very low income units and therefore entitled to 1 concessions/incentives. For our one concession, we are requesting a waiver from having to submit to ARC as required by Ordinance 2. 48.050 Pro'ects Subiect to Archileclurai Review which requires "...a developer [who] proposes to construct three or more units, and these units do not constitute a `small residential development project' as defined herein..." Section 65915(d)(3) states, "The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section." Section 65915(d)(4) states, "The city, county, or city and county shall bear the burden of proof for the denial of a requested concession or incentive." www.abovegradeengineering.com A California Corporation . Scott Stokes PE # 58256