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Reso2319 1212 E Fourth St
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Reso2319 1212 E Fourth St
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9/8/2023 8:45:25 AM
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Resolution No. 2023-19 <br />Page 3 of 12 <br />This designation allows a mix of uses, including medium and <br />medium-high density apartments, townhomes, garden- or <br />motor-court homes, and neighborhood- serving commercial. <br />Mixed-use projects are allowed in both horizontal configuration, <br />with commercial and residential uses side-by-side, and vertical, <br />with commercial uses on the ground floor and residential above. <br />Lastly, the proposed density of 52.26 dwelling units per acre <br />(du/ac) is below the density bonus provisions in the California <br />Density Bonus Law for an eight-percent affordability rate for one <br />very-low income unit (27.5-percent State Density Bonus) which <br />allows for 55.7 du/ac on the project site. <br />3. That the deviation is necessary to make it economically feasible for <br />the Applicant to utilize a density bonus authorized for the <br />development pursuant to section 41-1603. <br />The proposed project requires one deviation through <br />incentives/concessions: Mixed-use requirement; as well as <br />four deviations through a waiver in (1) maximum building <br />height; (2) building size and massing standards; (3) open <br />space standards; and (4) landscape standards. The five <br />deviations are described as follows: <br />Mixed-use Requirement (Incentive/Concession) <br />Table 2A (Use Standards) in the Transit Zoning Code (TZC) <br />states that multi-family dwellings are a permitted use in the <br />Corridor (CDR) district, but only on second or upper floors, or <br />behind retail or service ground floor use. <br />Pursuant to Government Code Section 65915 (k)(1), a <br />concession may be sought by the applicant not only to modify <br />or eliminate a development standard but also to modify <br />“zoning code requirements.” In this case, the requirement for <br />ground floor commercial is a zoning code requirement. Strict <br />adherence to this requirement would result in a reduction in <br />the number of units that can be provided in the overall project, <br />thus not achieving the full 27.5-percent density bonus to which <br />the applicant is entitled. Moreover, the ground floor <br />commercial requirement is subordinate in function to the <br />primary zoning classification of Multi-Family Dwellings within <br />the CDR district. Lastly, adherence to ground floor <br />commercial requirement would be economically infeasible, as <br />it would require adding another story to the building to meet <br />the ground floor commercial requirement and to still provide <br />the number of units that the applicant is entitled to under State <br />law.
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