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HomeMy WebLinkAbout1/15/2019 Item 9, Cooper (3) From:Allan Cooper < To:Codron, Michael; Cohen, Rachel; E-mail Council Website Subject:790 Foothill Attachments:901_15_19...lettertocc.pdf Dear Michael and Rachel - Would you kindly forward the letter attached below to the City Council's correspondence file. I would like to submit this letter as a matter of record as it is the speech I will be reading tonight. Thanks! - Allan Allan Cooper, Secretary - Save Our Downtown, San Luis Obispo, CA Website: www.SaveOurDowntownSLO.com 1 To: San Luis Obispo City Council, Michael Codron, Community Development Director and Rachel Cohen, Associate Planner Re: Review Of An Appeal Of The Planning Commission’s Decision To Approve A Use Permit For A New Four-Story Mixed-Use Project Located At 790 Foothill Blvd. From: Allan Cooper, San Luis Obispo Date: January 15, 2019 Honorable Mayor and City Council Members - Mr. Codron states that “The partitions that are used as privacy screens in the proposed project do not constitute walls that create additional bedrooms in the project. Therefore, the partitions do not increase the occupancy of the number of bedrooms in the project. Mr. Codron further implies that a bedroom must have 4 walls. There is nothing in the International Building Code that stipulates that. But even if it did, the 2018 Code defines a wall as “a vertical element…used to enclose space.” I believe these partitions fit that description . 1 According to code, a bedroom needs a minimum of 70 square feet, a minimum ceiling height of 7 feet and two exits with one to the exterior. All of these subdivided spaces meet these minimum requirements. Mr. Codron goes on to say that “the applicant has stated that the project occupancy will be limited and that the two-bedroom units will have a maximum occupancy of four people.” As you well know, these regulations are difficult to enforce, since the building department does not perform random inspections. Only two days ago a Tribune front page article reported that the property owners of the SLO Student Living apartment complex added partitions to have more rooms to rent to students. So why couldn’t this happen here? After each 25 foot long bedroom is divided in two, whether temporarily or permanently, you will have before you a project with a de facto 143% density bonus. There is nothing written in the Density Bonus Law that would mandate such high densities. Staff states that under current case law, it is unclear if the ‘City has the discretion to require square foot reductions or to eliminate project amenities.” This kind of reasoning is a slippery slope as it would lead the city to henceforth accept 12 foot ceilings, rooms labeled as offices that will be used as bedrooms or elongated bedrooms with two or more partitions, since they too could be seen as “amenities”. We are recommending that each bedroom be reduced in sized to14 ft. by 12.5 ft. while maintaining the density bonus at 35%. This would also result in lowering the building height along Foothill thereby preserving the Bishop Peak view shed. This would further reduce the possibility that each two-bedroom unit will be accommodating up to 8 students because two twin beds can comfortably fit into a 12 ft. by 12 ft. bedroom. Finally Ms. Kautz stated that requiring such small units would likely not accommodate families with children.” Whoever said a family cannot fit inside an 850 square foot two- bedroom apartment? And these apartments are hardly family friendly as they fail to provide closets, garage storage space, a secured playground or usable balconies. Thank you! (see https://codes.iccsafe.org/content/IBC2018/chapter-2-definitions) 1 Barbara Kautz “After reviewing the application, the staff has concluded that the units would need to be reduced from 1,200 sq. ft. to 700 sq. ft. to avoid the need for the height waiver; that it is not certain that even such small units would fit in two residential stories; and that a lot coverage waiver would still be required. The staff report accurately quotes Wollmer as limiting the City’s ability to require such major modifications in the project. Additionally, requiring such small units would likely not accommodate families with children, creating a possible violation of state and federal fair housing law.” In Boston, a 2008 zoning rule forbids more that four full-time, undergraduate students from sharing a single apartment. definition of a bedroom: International Residential Code minimum bedroom size: 70 square feet minimum ceiling height: 7 feet two exits: either doors or windows one of which opens to the exterior Every bedroom occupied by more than one person shall contain a minimum of 50 sq. ft. of floor area for each occupant thereof.