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Comments RE Caribou Industries Mixed -Use Project November 17, 2020 Page 6 of 9 Table 1 Develo melil Intensity Standards DensilylMlansily Standards Land use Designation Residenlial Land Use Gesignatiom (dofacre - FAR)' Low Density Residential (LR-7) ] tlulacm Low -Medium Density Residential (LMR-11) 11 dulmre Medium Density Residential (MR - IS) 15 du/acre Mixed Use Land ' Designations District Centeo(DC) 90 dulacre and FAR 1.0 Other District Center (Midtown, MacArthur Place, etc.) FAR f.A-2.0 Downtown District Center FIR 3.0 There is absolutely no mention of this miscalculation. The bottom line is that if the hotel units are removed, the Project's residential density bonus units (which are designed for housing, not hotels) obviously can be constructed on the hotel lot acreage. There is no basis for concluding that the normal zoning rules "would physically preclude construction of the mixed -income project." This hardship is self-inflicted - the residential units could be built or included on the .52 acre hotel site.6 So too, all Code -required parking and additional parking could be accommodated in subterranean parking levels and, thus, not need the height concessions. The Project does not need the waiver concessions to go six out -of -scale stories higher on the .89-acre residential site with extra massing. The economic subsidy report relied upon by the City is entirely silent as to whether i) the hotel is economically necessary or ii) subterranean parking levels make economically infeasible the development of the market/affordable dwelling units (see Staff Report 10/20/20 at pages 7SA-4, 7SA-10 - 7SA-11, 7SA-27 - 7SA-29, 7SA-205 - 7SA-210). The expert comments of land use planner Michael Tharp confirm this (see Exhibit A attached hereto). The only reason why it is needed is because of the "free" hotel next door that is somehow being untethered to the required density rules. In truth, a variance or some other entitlement should be required - the concessions are unwarranted and unlawful. Thus, the Staff Report 10/20/20 page 7SA-11 is entirely unfounded and lacks substantial evidence: The property is within a height exempt zone. However, in the TZC downtown zone, the Lined Block building type limits structures to a 10-story maximum, but the building is proposed to be 16-stories (193 feet, 10 inches). A waiver from the maximum number of stories is needed for the project. The six additional stories are needed to make construction of a mixed -income high-rise development financially feasible. A designed four upper story levels are needed to accommodate space for 19 on -site affordable units and 44 density bonus units. Efforts to maintain views of the W.H. Spurgeon Building's clock tower to the north of the site have been made by recessing the building mass at the fourth and fifth levels and providing a publicly accessible deck that will provide views of downtown. In addition, the public parking stalls account for one below -grade and four above -grade levels of the building, adding to the overall height of the development. The application of the to - story maximum building height standard would physically preclude construction of the mixed - income project. 6 Unlike Wollmer v. City of Berkeley, (2009) 179 CalApp.4th 933, where density bonus units could not be built without waiver of development standards (id. at 945-946), here the density bonus units can be built on the hotel parcel consistent with height restrictions but for applicant's attempt to maximize profits via a free hotel.