HomeMy WebLinkAbout08-07-2012 ac PH1 johnson ph1•
•AGENDA
RRESPONDENC EDateItem&FI Icouncil memoRanOu m
DATE :
August 6, 201 2
TO :
City Counci l
VIA :
Katie Lichtig, City Manage r
FROM :
Derek Johnson, Community Development Directo r
BY :
Pam Ricci, Senior Planner
SUBJECT : Public Hearing Item No . 1 ; Appeals of Icon Project at 1340 Taft Stree t
(ARC 50-09)
This memo responds to several questions related to the project raised by members of th e
City Council concerning their discretion in making additional changes to the design o f
the project to respond to neighborhood concerns .
The staff report indicates that the project includes a 2-bedroom deed-restricted housin g
unit affordable to a low-income household, and is eligible for a 35% density bonus i n
terms of the number of overall units in the project and two concessions or incentives .
State law requires a local jurisdiction to approve requested density bonuses an d
incentives unless findings are made, based on substantial evidence, that their approva l
will result in a specific unmitigated adverse impact upon public health and safety or the
physical environment, The ARC, in granting final approval to the project design ,
approved the density bonus and the incentive of allowing lift parking, which i s
considered an incentive because the upper level of the mechanical lifts do not meet th e
dimensional standard for parking spaces in the City's Parking & Driveway Standards ,
and do not accommodate some larger trucks and SUVs .
The project complies with all applicable property development standards for the C-N
zone . Based on the concerns of the appellants, questions have arisen as to whether th e
City Council can further restrict the project design to lower the building height below th e
allowed 35 feet and eliminate the dens ', which are allowed by the Zoning Regulation s
when they are open on at least one side to another room, do not contain a closet o r
wardrobe, and are not designed for sleeping . The proposed dens meet the requirement s
1 "Den"(or "family room,""sewing room,,,"studio") "loft" or means a room which is open on at least one
side, does not contain a wardrobe,closet or similar facility, and which is not designed for sleeping .
4111111111 1112
Council Memo — Icon Proje .1340 Taft Street (PH # 1 )
Page 2 of 3
of the City's municipal code and do not meet the definition of a bedroom because they d o
not contain closets or have walls and doors that meet the City's definition of a bedroo m2 .
Staff has reviewed the State Planning and Zoning Laws as it pertains to this issue and ha s
found the following :
1)Government Code Section 65589 .5 (b) does not allow a local government ,
including charter cities, to reject or make infeasible housing developments tha t
contribute to meeting the Regional Housing Need Allocation (RHNA) without a
thorough analysis of the economic, social, and environmental effects of the actio n
and without complying with subdivision (d):
2)Subdivision (d) states that a local agency shall not disapprove a housin g
development project for very low,low or moderate income households, or
condition approval in a manner that renders the project infeasible for developmen t
for the use of very low,low,or moderate income households, including throug h
the use of design review standards, unless it makes specific findings as to one o f
the following :
a.The jurisdiction has met or exceeded its RHNA allocation for th e
planning period .
b.The project as proposed would have a specific,adverse impact upo n
the public health or safety .
c Denial of the project or imposition of conditions is required in order to
comply with specific state or federal law .
d.The project is proposed on land zoned for agriculture or resource
preservation and is surrounded on at least two sides by land being use d
for agriculture or resource preservation purposes .
e.The project is inconsistent with both the jurisdiction's zonin g
ordinance and general plan land use designation .
Based upon the existing and known facts, it does not_ appear that any of these require d
findings can be made. However, should additional information be presented tha t
persuades the Council to condition the removal of dens from the dwelling units, or an y
other design review standard this change may render the project financially infeasible . In
that case, the project should be continued to allow staff to conduct the required additiona l
analysis regarding "economic, social and environmental effects" of the action . It is wort h
noting that the burden of proof that the project is financially feasible as required by State
law will be exclusively with the City .
In addition, State Housing law requires the City to establish quantified objectives for thei r
fair share of regional housing needs . The Housing Element includes the State's Regiona l
Housing Need Allocation (RHNA) for the City which identifies that a total of 1,58 9
affordable housing units in five income categories that must be accommodated in th e
period from January 1, 2010 through December 31, 2014 . As of December 31, 2011, th e
z "Bedroom" means a room within a dwelling unit that is designed for sleeping and consists of at leas t
seventy square feet in area, has light, ventilation and egress consistent with building code requirement s
and has less than a fifty percent open wall area with an adjoining room .
Council Memo - Icon Pr
at 1340 Taft Street (PH # 1 )
Page 3 of 3
City had built 160 of the targeted units . The City needs to remain committed to its
support of the development of housing, especially affordable housing, in projects wher e
they are proposed .
Housing Element Appendix M lists properties within the City's Urban Reserve Line wit h
additional housing development potential . This list documents the City's residential lan d
capacity to meet its RHNA . The subject site at 1340 Taft is included in the inventory an d
identifies a development potential of 20 units . The project includes 7 dwelling unit s
which is about a third of the estimated development potential identified . While this is a
substantially smaller number of units on the site,provision of the units is important t o
fully realizing City housing needs .
While housing density bonus law limits the ability of cities and counties to impos e
conditions that would make the project financially infeasible, it does not preclude desig n
changes that maintain the same development program but in an alternative form .
Staff will be prepared to respond to question or clarify these issues more fully at th e
hearing later today .