HomeMy WebLinkAbout09/19/2006, - AGENDA ITEM ""MARPOMO"" BERMANT HOMES" Riph.ard Sr1 milt Retain this document for a/^'�5 RECEIVED
future Council meeting
/9 Oho Sp o 6 2006
RICHARD SCHMIDT. Architect um,if agenclEw SLO CITY CLERK
112 Broad Street, San Luis Obispo, CA 93405 (805) 544-4247
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City Council Re: Agenda Item "Marpomo" Bermant Homes
City of San Luis Obispo
Dear Council Members:
As a design professional, I find it very disturbing that planning staff is apparently
subverting a key part of allowing tall-buildings downtown =- to wit, the notion that there is
nexus between tall buildings and avoiding sprawl.
Your zoning code limits building height and mass downtown to a "floor area ratio" (FAR)
of 3; only if open space is permanently preserved may a building's FAR exceed 3 -- but
only up to a FAR of 4. (17.42.020.E)
It has come to my attention that in the Marpomo case staff has "interpreted" the
development in a manner which violates the zoning code, To wit, they have arbitrarily
decided to EXCLUDE from the FAR calculation a parking level which is an integral part
of the building project.
This interpretation not only defies the zoning code, it also defies common logic. For
example, would a three story parking structure,be excluded from the FAR calculation so
another three stories of dwellings could be put atop-t"m without exceeding the FAR of
3? If not, then why is a single level's exclusion OK?
This interpretation is in defiance of every commonly understood professional meaning of
FAR. It is also in violation of the explicit langge of your zoning code, which defines
FAR as "the gross floor area of a building or buildings on a lot divided by the lot area."
(17.04.185)
The zoning code further defines Gross Floor Area as "the total area enclosed within a
building, including closets, stairways, and utility and mechanical rooms, measured
from the exterior face of the walls." (17.04.220) There is no exclusion for parking
from "total'. Parking would be classified as a "utility' or storage (i.e., non-habitable)
space, and is very much a part of a structure's gross floor area. (By contrast, the other
common floor area measurement, Net Floor Area, is the actual habitable space
measured from the interior surfaces of outside walls; and usually excluding the items
noted under "including" in the zoning code definition of Gross Floor Area. It seems staff
is using some sort of hybrid between gross and net rather than the Gross Floor Area
definition enacted by the Council for establishinga FAR. Further, the zoning code's
Gross Floor Area definition is that used universally within the design professions.)
Richard Sl*midi 'r 5444247 MOSS-1156 09:47 PM D 212
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What does this have to do with preserving opdh;-§p1ace? Your zoning code actually does
include some (rather weak) nexus between building up and not spreading out. As noted
before, zoning code section 17.42.020.E requires preservation of open space in return
for building with a FAR greater than 3.
Does this provision apply to Marpomo? We don't know because the improper
calculation methodology apparently being used by staff understates the actual FAR. If it
does apply, the Council needs to ask the developer: "Where's the open space?"
As the city moves ahead with discussion of tall buildings, which are very controversial
as well as destructive to everything most residents and tourists value about our lovely
downtown, it is imperatiave that the Council exercise proper oversight of the actions of
staff analyzing these proposals. To do otherwise simply challenges and invites citizen
intervention into the affairs of your development approval process. So, please see to it
that our laws are followed, not bent, spindled, mutilated and ignored when convenient.
Sincerely,
Richard Schmidt
� RECEIVED
SEP 191006
SLO CITY CLERK
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Donald . Hearick
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P_O. Box 343, San Luis Obispo, California 93406 Phone (805) 541-0303_
Tuesday, September 19, 2006
To: San Luis Obispo City Council
Subject: Mixed Use and Storage
The project of Mixed Use in the vicinity of Nipomo and Marsh Streets brings to
mind some concerns. When the concept of mixed use was sold to us years ago it was in
terms of the shop keeper living above his shop and the artisan living at his studio. The
mixed use as practiced today is more like an ounce of business to the pound of housing.
Perhaps along with all those foreign investor special interests that you invite into
plucking the cherry of our state's real estate, you plan to stock the mixed use businesses
with enough living places to house their whole family tree above their business. Instead
of a family living over their business there is enough housing to power a sweat shop full
of workers.
When the town replaces three existing businesses with thirty three residential
units with three commercial units, it seems like the business sector is the tokin
representation in the deal. The mixed use deal sets the businesses as second class citizens
in their own neighborhood. It is written in the Municipal Code that the residents get the
political voice in their neighborhood while the businesses have no defense against the
complaints of the residential users of the neighborhood.
Another issue of the mixed use housing is that this particular project wants to be
excused from supplying any lockable storage for the one bedroom living units. As a
reward for denying the code requirement of outside lockable storage this project wants to
be rewarded with a high percentage increase in housing density. Why are one bedroom
units singled out to give up their right to an outside locking closet. When the lack of
available storage units in the city is taken into account it is even more important to not
diminish the legal requirement for resident-storage.
Sincerely dedicated,
Donald. E. Hedrick wn rnA,L
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BY: Jaime Hill, Associate Planner t;eci4y
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SUBJECT: City File No. 36-06, Planning Commission Minutes
The agenda report for City File No. 36-06, which is scheduled for City Council Review on
September 19, 2006 - Public Hearing Item No. 2, included the Planning Commission Resolution,
Minutes, and staff report as Attachment No. 5. The incorrect Planning Commission Minutes
were inadvertently provided. Attached you will find the draft minutes for the August 23, 2006
Planning Commission Hearing when the mixed-use project was heard, and a recommendation to
the City Council was made. The Planning Commission did approve the minutes at their
September 13, 2006 meeting, making only minor revisions. These revisions are currently being
made to the final minutes by administrative staff. Questions regarding the Planning Commission
discussion or action should be referred to Jaime Hill (x 167) or Doug Davidson (x177).
,9/17 <-�
Ph r - RECEIVED
SLO CITY CLERK
DRAFT
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
August 23, 2006
CALL TO ORDERIPLEDGE OF ALLEGIANCE
ROLL CALL:
Present: Commissioners Charles Stevenson, John Ashbaugh, Peter Brown,
Andrew Carter, Jason McCoy, Vice-Chair Carlyn Christianson and
Chairperson Andrea Miller
Absent: None
Staff: Deputy Director Doug Davidson, Associate Planner Jaime Hill, Assistant
City Attorney Christine Dietrick, and Recording Secretary Jill Francis
ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items.
The agenda was accepted as written.
MINUTES: Minutes of August 9,.2006.
The minutes of August 9, 2006 were approved as submitted.
PUBLIC COMMENT:
There were no comments made from the public..
PUBLIC HEARINGS:
1. 577 & 579 Marsh Street and 1213 & 1221 Nipomo Street. TR and ER 36-06;
Review of a tentative tract map for an airspace condominium subdivision including 33
residential units and 3 commercial units, and environmental review; C-D zone;
Bermant Homes, applicant. (Jaime Hill)
Associate Planner Jaime Hill presented the staff report„ recommending the Commission
adopt a resolution recommending approval of the Mitigated Negative Declaration of
Environmental Impact and tentative tract map to the City Council.
Staff gave a brief presentation explaining the Condominium Subdivision Regulations, and
State Law 435 regarding the density bonus and concession. The applicant team then
walked the Commission through the development, explaining the building design, layout,
and parking.
Detlev Peikert, Peikert Group Architects, described the project with graphics.
Scott Hopkins, Peikert Group Architects, went into further detail on the project.
Planning Commission Minutes
August 23, 2006
Page 2
PUBLIC COMMENTS:
Ernie Martin, San Luis Obispo, expressed general concerns about the height of buildings
in the downtown, maintaining views to the mountains, compatibility of architecture with the
Old Town area, and the increasing parking problems on Pacific, Buchon, and Islay
Streets. He also expressed that he felt that this project was well designed.
There were no further comments made from the public.
COMMISSION COMMENTS:
The Commission discussed a variety of issues, including the term and tenure of the
affordable units, parking, and property development standards.
Commr. Ashbaugh focused on the height and mass of the project, and recommended that
the owners of the commercial tenant spaces be awarded parking on-site.
Commr. Brown had questions about the location of the transit stop on Nipomo, and
recommended that additional long-term bike storage for the residents be provided on the
ground level.
Commr. Stevenson felt that the smoke generated by the Old Country Deli should have
been addressed in the environmental document, that there should be additional
commercial space, potentially on the Nipomo frontage, and that the upper story should
have an additional setback.
Commrs. Carter, McCoy, Christianson, and Chairwoman Miller all expressed that this is
an appropriate location for a project of this type and scale, that it includes many features
that we should be encouraging, such as underground parking for residents, and that it
seems well designed.
On motion by Commr. Christianson recommending approval of the Mitigated Neqative
Declaration of Environmental Impact and tentative tract map, including the 27.5% density
bonus and concession to waive the requirement for lockable storage for the nine 1-
bedroom units to the City Council as recommended by staff, adding a condition that
owners and occupants receive a disclaimer about adjacent food services and the airborne
smoke and odors that they create. Seconded by Commr. Carter.
AYES: Commrs. Ashbaugh, Christianson, McCoy, Carter, Brown, and Miller
NOES: Commr. Stevenson
ABSENT: None
ABSTAIN: None
The motion carried on a 6:1 vote
Commr. Stevenson voted no due to concern about the ratio of residential to commercial
floor area, the reduction of commercial floor area on the site, and concern with the adequacy
of the mitigated negative declaration concerning the effect of smoke to sensitive receptors.
Planning Commission Minutes
August 23, 2006
Page 3
2. Staff
A. Agenda Forecast
Deputy Director Davidson gave an agenda forecast of upcoming meetings and projects,
and reviewed the meeting schedule for November and December of this year.
3. Commission
ADJOURMENT:
With no further business before the Commission, the meeting adjourned at 8:30 p.m. to
the regular meeting of the Planning Commission scheduled for Wednesday, September
13, 2006 at 7:00 p.m. in the Council Chamber of City Hall, 990 Palm Street.
Respectfully submitted by
Jill Francis
Recording Secretary
Diane R. Stuart, CM
Management Assistant