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HomeMy WebLinkAboutItem 3 - AFFH-0269-2020 (1042 Olive Street) PLANNING COMMISSION AGENDA REPORT SUBJECT: Review of an affordable housing incentive request for a previously approved mixed-use project. The requested incentive is a density bonus of 95%, which is higher than the standard incentive of 35%. The project will designate two one-bedroom units and two studio-units for very-low income households, which is 35% of the site’s initial residential density. PROJECT ADDRESS: 1042 Olive Street BY: Kyle Van Leeuwen, Assistant Planner Phone Number: (805) 781-7091 E-mail: kvanleeuwen@slocity.org FILE NUMBER: AFFH-0269-2020 FROM: Tyler Corey, Principal Planner RECOMMENDATION Adopt a resolution approving the affordable housing incentive request of 95%, subject to findings and conditions of approval (Attachment 1, Draft Resolution). SITE DATA SUMMARY On January 3, 2017, the City Council granted final approval of the project, which consisted of a new four story mixed-use building with commercial/retail at the ground level (3,512 sq. ft.) and 17 extended stay hotel rooms (ARCH-2946-2016). The approval of the project’s design also included the approval of a 25% shared and mixed-use parking reduction. The City Council adopted a Categorical Exemption (Class 32, Infill Exemption) for the project. The applicant, Olive Street LLC, is requesting to modify the project by replacing the 17 extended stay hotel rooms with 15 residential units, with a residential density bonus of 95%. Of the 15 residential units, two one-bedroom units and two studio units will be dedicated for very-low income households. The Zoning Regulations (§17.140.070(B)(3)) allows for a density bonus in excess of the standard percentage increase (35%) to be requested and considered by the Planning Commission (Attachment 2, Density Bonus Request Letter, Project Plans, and Elevations). Applicant Olive Street, LLC Representative Thomas Shorey, NCARB Zoning C-T (Tourist Commercial) General Plan Tourist Commercial Site Area ~22,454 square feet (0.52 acre) Environmental Status Categorically Exempt from environmental review under Section 15332 (In-Fill Development Projects) of the CEQA Guidelines Meeting Date: August 26, 2020 Item Number: 3 Item 3 Packet Page 5 AFFH-0269-2020 1042 Olive Street Page 2 1.0 COMMISSION’S PURVIEW Review the project for consistency with the General Plan and Zoning Regulations. Planning Commission (PC) review is required for projects that include affordable housing alternative incentive requests (Zoning Regulations § 17.140.070). As described below, the project design is in substantial conformance with the current entitlement (ARCH-2946-2016), and the scope of the PC’s review is limited to consideration of the density bonus request. Approval of the request will result in a total of 15 residential units, where 17 extended stay hotel rooms were previously approved. 2.0 PROJECT STATISTICS Site Details Proposed Allowed/Required1 Lot Size 22,454 sq. ft. 9,000 sq. ft. (min) Height of Structures 45 45 Max Building Coverage (footprint) 36% 75% Density Units 13 DU (12.17 rounded up) (with density bonus) 6.24 DU (max before bonus) Density Bonus 95%2 35% Front Yard Setbacks Side Yard Setbacks 53 feet (main structure) 0 feet 10 feet 0 feet Vehicle Parking 35 spaces 25 spaces3 1Zoning Regulations - 2Incentive Requested - 3Entitlement ARCH-2946-2016 approved 25% parking space reduction 3.0 PREVIOUS APPROVAL The City Council granted final approval of the project’s architecture and site design on January 3, 2017. The approval of the project’s design also included the approval of a 25% shared and mixed- use parking reduction (Attachment 3, Council Resolution approving the project). 4.0 PROJECT ANALYSIS The project’s architecture and site design have been previously approved. Minor changes include a reduction of interior square footage of the fourth floor, replaced with additional deck area, and modifications to the interior floor plans. The project’s design is in substantial conformance with the current approval. The proposed density bonus will allow 15 residential units to be included in the project, instead of 17 extended stay hotel rooms. The revised project also provides 3,162 square feet of commercial/retail space, where the initial project provided 3,512 square feet of space(refer to Table 1. Project Comparison, below). Table 1. Project Comparison Current Entitlement Proposed Changes Commercial/Retail Space 3,512 sq. ft. 3,162 sq. ft. Hotel Use 17 rooms/suites 0 Residential Units 0 units 15 units Parking Spaces Required 23 25 Parking Spaces Provided 35 35 Item 3 Packet Page 6 AFFH-0269-2020 1042 Olive Street Page 3 This change in the project must conform to the standards and limitations of the Zoning Regulations and be consistent with the General Plan. Staff has evaluated the project and finds the project in substantial compliance with the applicable standards, as discussed in this analysis. 4.1 Consistency with the General Plan The Housing Element (HE) provides programs and policies that speak specifically to supporting affordable housing projects. The project is consistent with the HE, which encourages the consideration of increased density bonuses above state allowances where appropriate1 and directs decisionmakers to promote higher densities2 and incentivize affordable housing through density bonuses3. The project is also consistent with Conservation and Open Space Element (COSE) Policy 4.4.34 because the project promotes higher-density, compact housing to achieve more efficient use of public facilities and services and to improve the City’s jobs/housing balance. 4.2 Consistency with the Zoning Regulations The project design complies with lot coverage, setbacks, and building height requirements for the Tourist Commercial (C-T) zone (Zoning Regulations Chapter 17.34), as was affirmed by the City Council’s previous review and approval. The proposed change to the project, which would allow a total of 15 residential units, also changes the number of required parking spaces. The parking provided by the project meets current parking requirement standards for the commercial space and residential units. 4.3 Affordable Housing Alternative Incentive The City of San Luis Obispo has recognized housing as an important issue within the City. The City’s Housing Element includes numerous policies and programs that support incentives, such as density bonuses, to provide housing for low, very low and extremely low-income households. Per State law, projects that provide affordable housing are allowed up to 35% density bonus based on the number of deed-restricted affordable units provided in the project. Zoning Regulations Section 17.140.070(A)(3) states that three incentives or concessions shall be granted for housing developments that include at least 15% for very-low income households. The proposed project provides 35% of units, based on initial density, to be dedicated to very low-income households, and thus may request three incentives or concessions. Chapter 17.140 of the Zoning Regulations (Affordable Housing Incentives) outlines various incentives for affordable housing projects that developers can request. Specifically, Zoning Regulations Section 17.140.040(A) provides that a density bonus in excess of 35% can be approved at the request of the developer, and Section 17.140.070(B)(3) also identifies granting a density bonus in excess of State allowances as an alternative incentive. 1 Housing Element Program 2.17: Continue to consider increasing residential densities above state density bonus allowances for projects that provide housing for low, very low and extremely low income households. 2 Housing Element Policy 6.10: To help meet the Quantified Objectives, the City will support residential infill development and promote higher residential density where appropriate. 3 Housing Element Program 6.19: Continue to incentivize affordable housing development with density bonuses, parking reductions and other development incentives, including City financial assistance. 4 COSE Policy 4.4.3 Compact, high-density housing: The City will promote higher-density, compact housing to achieve more efficient use of public facilities and services, land resources, and to improve the jobs/housing balance. Item 3 Packet Page 7 AFFH-0269-2020 1042 Olive Street Page 4 The Department of Housing and Urban Development’s Housing Accountability Act and Density Bonus Law provide protections for housing development projects generally and for those which include density bonuses. Government Code Sections 65915(d)(1)(B) and (d)(3) prevent an agency from denying the density bonus or the incentive or concession or refusing to waive or reduce development standards, unless the agency can make a written finding, based on substantial evidence, that the density units, the incentive or concession or the waiver or reduction in a development standard: (1) does not result in identifiable and actual cost reductions to provide for affordable housing; and (2) would have a “specific, adverse impact” upon the public health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.5 Density Bonus as an Alternative Incentive Request: The site, zoned C-T, has an allowable density of 6.24 density units, based on the site’s net acreage (12 units per acre). The applicant is requesting a density bonus of 95% as one of its alternative incentives, which would increase the total number of density units to 12.17 (rounded up to 13 density units pursuant to Section 17.140.040(B)). To receive the 95% density bonus as an alternative incentive, the applicant must dedicate a certain percentage of the initially allowed units as affordable housing. Moreover, a density bonus for very-low income dedicated units is calculated based on the rates of increase set by Table 8-3 of the Zoning Regulations (see Zoning Regulations § 17.140.040(E).). Table 8-3 lists bonus percentages for dedications up to 11% and density bonuses up to 35%. Therefore, when an applicant is requesting a density bonus larger than 35% as an alternative incentive (as outlined in Zoning Regulations § 17.140.040(E)), staff expands Table 8-3 to establish the rates of dedication required for the requested density bonus. Here, by expanding Table 8-3, staff has determined that the applicant must dedicate 35% of the initially allowed units as very-low income housing to receive a 95% density bonus. For this project, the applicant is proposing to dedicate two one-bedroom units and two studio units (2.32 of the 6.24 base density units, or approximately 37% of its density base units) as very-low income, which is more than the 35% dedication percentage needed to receive a 95% density bonus, per the expanded Table 8-3. 5.0 ENVIRONMENTAL REVIEW The project is categorically exempt under Class 32, In -Fill Development Projects; Section 15332 of the State California Environmental Quality Act (CEQA) Guidelines, because the project is consistent with General Plan policies for the land use designation and is consistent with the applicable zoning designation and regulations. The project site occurs on a property of no more than five acres that is substantially surrounded by urban uses that has no value as habitat for endangered, rare or threatened species. The project site is served by required utilities and public services. The project has been reviewed by the City Public Works Department, Transportation Division, and no significant traffic impacts were identified, based on the size and location of the project. Consistent with the previous approval of the project, approval of the density bonus would not result in any significant traffic, noise, air quality, or water quality impacts. 6.0 OTHER DEPARTMENT COMMENTS All City Departments have reviewed the project and have provided comments that are incorporated 5 Government Code § 65589.5(j)(1). Definition of ‘Specific, Adverse Impact’: Significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete Item 3 Packet Page 8 AFFH-0269-2020 1042 Olive Street Page 5 into the staff report and recommended resolution as conditions of approval. 7.0 ACTION ALTERNATIVES 7.1 Continue the item. An action to continue the item should include a detailed list of additional information or analysis required. 7.2 Deny the project. An action denying the application should include findings that cite the basis for denial and should reference inconsistency with the General Plan, Community Design Guidelines, Zoning Regulations or other policy documents. Should the Planning Commission want to pursue this alternative, Staff recommends that the specific findings under Government Code §§ 65915(d)(1)(B) and (d)(3) are adequately addressed. 8.0 ATTACHMENTS 1. Draft Resolution 2. Density Bonus Request Letter, Project Plans, and Elevations 3. Council Resolution approving the project Item 3 Packet Page 9 RESOLUTION NO. PC-XXXX-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING A RESIDENTIAL DENSITY BONUS OF 95% AS AN AFFORDABLE HOUSING INCENTIVE ALLOWING 15 RESIDENTIAL UNITS, INCLUDING FOUR UNITS DESIGNATED FOR VERY-LOW INCOME HOUSEHOLDS, WITHIN A PREVIOUSLY APPROVED MIXED-USE PROJECT, WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED AUGUST 26, 2020 (AFFH-0269-2020). WHEREAS, the City Council of the City of San Luis Obispo adopted Resolution No. 10766 (2017 Series) approving the development of a four-story mixed-use project on January 3, 2017, pursuant to a proceeding instituted under ARCH-0568-2016, Garcia Family Trust, applicant; WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web based public hearing on August 26, 2020, pursuant to a proceeding instituted under AFFH-0269- 2020, Olive Street LLC, applicant; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby grants final approval to the project (AFFH-0269-2020), based on the following findings: 1. The requested density bonus will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because the project will be compatible with site constraints and the scale and character of the neighborhood. 2. The requested density bonus and changes to project plans are consistent with Council Resolution No. 10766 (2017 Series), approving the project design submitted under ARCH- 0568-2016, because the project has not increased in overall square footage and all architectural features and design elements are retained. 3. The requested density bonus is consistent with Housing Element Program 2.17, which encourages the City to consider residential densities above the state density bonus allowance for projects providing housing for very-low income households. Item 3 Packet Page 10 Resolution No. PC-xxxx-20 1042 Olive Street, AFFH-0269-2020 Page 2 4. The requested density bonus is consistent with the intent of Housing Element Policy 6.10 and Program 6.19, because it promotes higher residential densities and incentivizes affordable housing by providing a density bonus. 5. The requested density bonus is consistent with Conservation and Open Space Element Policy 4.4.3 because the project promotes higher-density, compact housing to achieve more efficient use of public facilities and services and to improve the City’s jobs/housing balance. 6. The requested density bonus will provide quality affordable housing units consistent with the intent of Chapter 17.140 of the Zoning Regulations. SECTION 2. Environmental Review. The project is categorically exempt under Class 32, In-Fill Development Projects; Section 15332 of the State California Environmental Quality Act (CEQA) Guidelines, because the project is consistent with General Plan policies for the land use designation and is consistent with the applicable zoning designation and regulations. The project site occurs on a property of no more than five acres that is substantially surrounded by urban uses that has no value as habitat for endangered, rare or threatened species. The project site is served by required utilities and public services. The project has been reviewed by the City Public Works Department, Transportation Division, and no significant traffic impacts were identified, based on the size and location of the project. Consistent with the previous approval of the project, approval of the density bonus would not result in any significant traffic, noise, air quality, or water quality impacts. SECTION 3. Action. The project conditions of approval do not include mandatory code requirements. Code compliance will be verified during the plan check process, which may include additional requirements applicable to the project. The Planning Commission hereby grants final approval to the project with incorporation of the following conditions: 1. Final project design and construction drawings submitted for a building permit shall be in substantial conformance with the project plans approved by City Council Resolution No. 10766 (2017 Series) and approved by the Planning Commission on August 26, 2020. A separate, full-size sheet shall be included in working drawings submitted for a building permit that lists all conditions, from both the design and density bonus approvals, listed as sheet number 2. Reference shall be made in the margin of listed items as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping, or other conditions of approval must be approved by the Director or reviewed by the Architectural Review Commission and approved by the Director or Planning Commission, as deemed appropriate. 2. Prior to issuance of building permits, the City and the project owners shall enter into an Affordable Housing Agreement, to be recorded in the office of the County Recorder. The agreement shall specify mechanisms or procedures to assure the continued affordability and availability of the four very-low income units consistent with Table 8-3 of the Zoning Regulations (§17.140.040.E), to the satisfaction of the Community Development Director. Item 3 Packet Page 11 Resolution No. PC-xxxx-20 1042 Olive Street, AFFH-0269-2020 Page 3 Indemnification 3. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. On motion by ________________, seconded by _________________, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 26th day of August 2020. _____________________________ Tyler Corey, Secretary Planning Commission Item 3 Packet Page 12 Item 3Packet Page 13 Item 3Packet Page 14 Item 3Packet Page 15 Item 3Packet Page 16 Item 3Packet Page 17 Item 3Packet Page 18 1042 Olive Street AFFH-0269-2020 Review of an affordable housing incentive request for a previously approved mixed -use project. The requested incentive is a density bonus of 95%, which is higher than the standard incentive of 35%. August 26, 2020 Applicant: Olive Street LLC Representative: Thomas Shorey Recommendation Adopt a resolution approving the affordable housing incentive request of 95%, subject to findings and conditions of approval. Focus of Review 3 PC review due to: ◼Affordable housing alternative incentive request of a density bonus in excess of standard incentives. Background 5 ◼Project approved by the Architectural Review Commission on October 3, 2016, and by City Council on January 3, 2017 after appeal. ▪Four-story Mixed-Use building; 17 extended stay hotel rooms and 3,512 sq. ft. commercial/retail space. ◼Applicant submitted for a density bonus, June 2020. ▪15 residential units; replacing 17 hotel rooms ▪Modification to previous entitlement not warranted. Project Comparison 7 Current Entitlement Proposed Changes Commercial/Retail Space 3,512 sq. ft. 3,162 sq. ft. Hotel Use 17 rooms/suites 0 Residential Units 0 units 15 units Parking Spaces Required 23 25 Parking Spaces Provided 35 35 Project Analysis: Density Bonus 8 Requests for density bonuses that exceed the standard amount can be requested: ◼Standard Amounts: ◼If: 20 units allowed + dedication of 2 units = 26.5 units now allowed (27 units) (20 + 32.5% bonus) % of Units Dedicated % Denisty Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 8-3 Very Low Income Project Analysis: Density Bonus 9 Requests for density bonuses that exceed the standard amount can be requested: ◼Amounts Requested as Incentive : ◼If: 20 units allowed + dedication of 7 units = 39 Units now allowed (20 + 95% bonus) % of Units Dedicated % Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 12 37.5 13 40 34 92.5 35 95 36 97.5 8-3 Very Low Income Project Analysis: Density Bonus 10 Requests for density bonuses that exceed the standard amount can be requested: ◼Amounts Requested as Incentive: ◼If: 20 units allowed + dedication of 7 units = 39 Units now allowed (20 + 95% bonus) % of Units Dedicated % Denisty Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 12 37.5 13 40 34 92.5 35 95 36 97.5 8-3 Very Low Income Project Analysis: Density Bonus 11 Requests for density bonuses that exceed the standard amount can be requested: ◼Proposed Bonus: ◼6.24 DU allowed + dedication of 2.32 DU = 12.17 DU allowed (13) (6.24 DU + 95% bonus) % of Units Dedicated % Denisty Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 12 37.5 13 40 34 92.5 35 95 36 97.5 8-3 Very Low Income Recommendation Adopt a resolution approving the affordable housing incentive request of 95%, subject to findings and conditions of approval. Project Analysis: Inclusionary Housing 13 ◼Inclusionary housing requirement. ◼Inclusionary housing is covered by the inclusion of affordable housing in project. ◼Inclusionary unit required can be subject to City standards and policies. ◼4.2. Include both market-rate and affordable units in apartment and residential condominium projects and intermix the types of units. Affordable units should be comparable in size, appearance and basic quality to market-rate units. Project Analysis: Inclusionary Housing 14 Condition #2. Prior to issuance of building permits, the City and the project owners shall enter into an Affordable Housing Agreement, to be recorded in the office of the County Recorder. The agreement shall specify mechanisms or procedures to assure the continued affordability and availability of the four very-low income units consistent with Table 8-3 of the Zoning Regulations (§17.140.040.E), to the satisfaction of the Community Development Director. At least one two-bedroom unit of comparable size to the market rate units shall be included in the agreement. Traffic Concerns 15