HomeMy WebLinkAbout10-18-2016 Item 20, Codronint
Council Memorandum
Date: Monday, October 17, 2016
TO: City Council
FROM: Michael Codron, Community Development Director
PREPARED: Rachel Cohen, Associate Planner of Community Development
VIA: Katie Lichtig, City Manager
SUBJECT: City Council Agenda Item 20 (22 Chorro Street)
10re-1
R E«IVIED
OCT 18 2016
SLO CITY CLERK
Staff has prepared the following memorandum in response to Council Members' questions
regarding the mixed-use project located at 22 Chorro Street.
1. On p. 248, the staff report references the "Major City Goal" of affordable housing, but it
does not discuss the "Other Important Objective" of Neighborhood Wellness. The Council
adopted both the Major Goals and Other Important Objectives in January, 2015. Please
provide a supplement to include some discussion of that part of our 2015-17 Financial Plan.
Since identifying the Major City Goal of "Neighborhood Wellness" the City developed an
Action Plan that included:
* Working with residents, educational institutions and students
* Public safety
* Collaborative Solutions
* Code Compliance
* Administrative Order Process
■ Regular Infrastructure Maintenance
This plan has resulted in the following tasks being implemented since the 201 S fiscal year:
* Neighborhood Wellness/Community Civility Effort Recommendations
• Neighborhood Match Grant Program initiation
■ Established and Implemented Collaborative Communication Plan
• Began Implementation of key measures from Community Civility Committee
• "Adopt a Block" Pilot Program
* Consider Administrative Order process
* Public Safety MDU— Cal Poly University Police and SLOPD
* Code Compliance Performance Measures
e Hired staff to implement rental housing inspection and began inspections
* On-going inspections and follow up for rental housing violations
* Neighborhood pro -active enforcement
0 Sidewalk Repairs
Item 20 - Correspondence
• Stormdrain Cleaning, Silt Removal & Stormdrain Replacements
• Neighborhood Street Repair & Sealing
Page 2
In regards to Neighborhood Compatibility, the Community Development Department has
been conducting a study to implement General Plan Land Use Element Program 2.13
which is discussed in question #2 below.
2. That Financial Plan set in motion a Neighborhood Compatibility study that has been the
subject of two recent public workshops, to address that Neighborhood Wellness Objective.
Please provide the Council with an update as to the progress of this study; there appears to
be no record on the City's web site about it. What findings or recommendations are now
being formulated under this study, which might be applicable to projects such as this one?
The Community Development Department is conducting a study to implement General
Plan Land Use Element Program 2.13 which aims to address the issue of incompatible
homes proposed to be within existing neighborhoods.
Land Use Element Program 2.13 states:
"The City will consider new regulations, for Low -Density and Medium -Density Residential
areas, to require special review for (1) incompatibly large houses, (2) replacement or infill
homes in existing neighborhoods, and (3) accessory buildings with plumbing facilities
allowing easy conversion to illegal second dwellings. The City will periodically update
Community Design Guidelines for larger homes, infill housing and accessory single -story
buildings. " (Note: Item #3 was implemented in July, 2014 as part of the annual Zoning
Regulations Amendments and established new regulations for accessory spaces.)
In June of 2015, the City Council deemed implementation of Program 2.13 a priority and
amended the Neighborhood Wellness Work Program. A work task was added to move up
the implementation timeline for L UE Program 2.13 ahead of the Zoning Regulations
Update. Staff was directed to explore amendments to the Zoning Regulations, Subdivision
Regulations, Community Design Guidelines, or other pertinent documents (or other
means) to address neighborhood compatibility. The concern revolved around scale and
density of infill projects leading to incompatibility with existing residences in established
neighborhoods. The following public workshops and study sessions have been held:
Public Workshop #1
On April 6, 2016, staff conducted a Neighborhood Compatibility Workshop at the Teach
Elementary/SLO Classical Academy elementary school campus for the purpose of
obtaining public feedback and ideas on the subject.
ARC Study Session
On May 2, 2016, the ARC held a study session to review progress, provide feedback, and
offer an opportunityfor public input on the project.
Public Workshop #2
On July 14, 2016, staff conducted the second neighborhood compatibility public workshop
at the San Luis Obispo Church of the Nazarene for the purpose of obtaining additional
public feedback and ideas from interested parties.
Item 20 - Correspondence Page 3
Planning Commission Study Session
On August 24, 2016, the Planning Commission held a study session to provide direction
and review progress and feedback from the public workshops and ARC study session.
The following potential recommendations to address neighborhood compatibility have
come out of the study so far:
1. Consider a design review threshold based on the size of proposed additions and/or
overall size of proposed residence
2. Consider using Overlay districts to establish specific design guidelines for a given
neighborhood
3. Consider using Floor Area Ratio in residential zones
4. Consider requiring specific setback standards for upper floors
5. Consider policy requiring maximum buildable area be a function of average lot
size of properties in a given radius
6. Consider guidelines with goals and supporting strategies
7. Consider use of more specific text supported by graphics
The next steps of the project are to formulate a draft ordinance and hold a public workshop
before circulating the Draft for review by the Advisory Bodies, and ultimately the City
Council.
Staff has communicated with the public for all the workshops and study sessions by posting
to the City's news webpage and sending emails associated to those news items. Staff will
set up a link on the website with information and updates for the public on the progress
and status of this effort.
3. On page 249, item #2 under "staff's rationale for recommending approval of the height
exception" states that the project would qualify for 7 density bonus units, and notes that 5
of the bonus units are located on the top floor. The final sentence of that paragraph then
states, "...the additional maximum height allowance to accommodate the top floor is
needed to build the density units." This appears to a conclusion that is unsupported by
factual evidence. Where is it written — and why is it concluded — that the project could not
develop 27 density units within the height limitation established by the zoning ordinance?
Merely because this project proposes a configuration that exceeds the City's height limit,
why does staff conclude that it is impossible to develop a project that includes 27 density
units and yet still stays within the 35' height limitation?
The applicant has requested additional building height as an affordable housing incentive.
The test relative to the density bonus law and Housing Accountability Act is if denial of the
incentive would render the provision of the proposed housing units infeasible. Based on
staff's evaluation, there were two primary issues pushing the project to go vertical. The
first is the on-site parking requirement, and the second is the size of the proposed two-
bedroom units, which average 1,150 square feet each.
Staff evaluated the option of eliminating the five units on the fourth floor of the project
using Municipal Code (M. C.) square footage maximums as guidance. The M.C. limits the
size of a studio to 450 square feet and one -bedroom units are limited to 1, 000 square feet;
the M. C. does not provide square footage limitations for two-bedroom units. Units may be
reduced in size, but unless they are all reduced to under 1, 000 square feet, the project will
Item 20 - Correspondence
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need to have units on the fourth floor. Staff did not impose a square footage maximum
during its review of the project, however, if the City Council or Architectural Review
Commission direct that the overall size of the fourth floor be reduced, then staff would
work with the applicant to assess the feasibility of reducing the number or size of units on
the fourth floor.
As mentioned, the need to provide parking on the site also drives the overall height of the
building. The project includes a mechanical parking lift system that requires a taller floor
to ceiling height of approximately 11.5 feet. To help mitigate the overall building height,
the floor to ceiling height of the upper residential floors was reduced to eight feet (typically
they are nine feet), which allows the overall height of the building to be reduced.
4. Please address the basic question of the proposed predominately -residential land use and
its consistency — or lack thereof — with the underlying C -C -SF zoning. The project includes
only a very small, 1,600 s.f. leasable commercial space out of about 54,000 s.f. of total
building area. Moreover, much of the Foothill Boulevard frontage (at least one-third by
linear feet) is consumed by the bicycle parking and non -retail uses. In what way does this
project conform with the City's design guidelines — and basic principles of good urban
design — that call for a continuous, lively and attractive retail frontage in any commercial
street? Isn't this project in fact a predominately residential project, with such a small
percentage of commercial use?
The M.C. Section 17.08.0 72 outlines the standards for the design of mixed use projects.
According to the M. C. "a mixed use project requires a combination of residential units
with any other use, or combination of uses allowed in the applicable zoning district. " The
standards do not set a maximum or minimum ratio of non-residential and residential uses
within a mixed-use project. The only limitation provided in the M.C. is that "residential
units shall not occupy ground floor space within the first 50 feet of floor area measured
from each building face adjacent to a street. "
As noted, the first floor of the project contains 1, 600 square feet of commercial/retail space.
The adjacent space along the street frontage includes bicycle parking, but is designed as
an interactive space for the residents. The space will be available for residents as a lounge
to gather in and also provides a space to repair their bicycles. Although not a commercial
space, the area is designed to be a place of activity and not a storage room or an access
way to the residential units.
5. Please explain whether the Floor Area Ratio limitation of 2.0 x site area applies to gross or
net site area. The net site area for this project is noted as 21,874 s.f., and total Building
Area is 50,998 s.f. This appears even to be in excess of twice the Gross Site Area as well
(24,033 s.£) by about 2,932 s.f.
The M. C. definition of Floor Area Ratio (FAR) does not specify whether the FAR is based
on the gross or net total area of the property. FAR as defined is "the gross floor area of a
building or buildings on a lot divided by the lot area. Floor area ratio does not include
below grade or subterranean parking garages and basements or similar non -conditioned
floor space. " Based on this definition, staff conducted a calculation for FAR using the net
site area of 21,874 square feet. The total gross floor area of the project is 33,927 (this
excludes the 9,810 square feet of parking and 7,261 square feet of circulation access that
Item 20 - Correspondence
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is not counted per the FAR definition). Therefore, the FAR is 1.55. The C -C zone allows
2.0 FAR.
6. The developer proposes to qualify for exceptions and density bonuses on the basis of the
four studio units; the staff report on p. 251 notes "11% of the project is affordable". This
leads to three questions:
a. What is the maximum rent that can be charged for one of these units and still qualify
as affordable for very -low-income households?
The current 2016 maximum rent for a very -low income studio unit is $674.00. The
City sets the rental limits every Summer, so the rental price could vary slightly due
to timing of occupancy.
b. What guarantee does the City have that these four units will continue to be
"affordable" to very -low income households AND that they will continue to be
occupied by very -low-income households?
The City will record an Affordable Housing Agreement on the property to ensure
these four units remain affordable for 55 years. The property owner will then be
responsible for annually supplying the income certification of each tenant in the
affordable units and a copy of the lease to verify the correct rent is being charged.
c. Given that the other 23 market -rate units are standard 2 -BR units that each count as
one full "density unit," and that studio units only count as'/2 a "density unit," would
it not be more accurate to state that the four studio units constitute only 8% of the
total? [(4x0.5)/25 density units].
The density bonus calculation is based on the number of actual units as defined by
the State, not City density. To achieve a 35% density bonus, I1 % of units (prior to
inclusion of density bonus units) must be deed restricted as very -low income. The
base density of 18 units requires that only 2 units be deed restricted; under City
density definitions this equates to 4 studio units. Any units the developer gains
through a density bonus can be market rate.
7. What parking requirements did the lofts at Chorro and Monterey have? Are there
restrictions on parking that could be placed on 22 Chorro? How can the neighborhood be
protected from over parking if the project is approved?
The project located at Monterey and Chorro paid in lieu fees for the overall project and
did not include any other restrictions.
8. How can the neighborhood be protected from over parking if the project is approved?
The neighborhood could request to be part of a parking district. The project also includes
a variety of accommodations for bike, pedestrian, and transit users in the proposed project
so not owning a car is a viable option for future residents of the project.