N40 8-9 Final NORTH 40 DEVELOPMENT APPLICATIONS
Special Meeting
August 9, 2016
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2020 General Plan required the preparation of a Specific Plan
North 40 Specific Plan Advisory Committee (N40 AC) established in March 2011
N40 AC began meeting in March 2011 and concluded
in October 2013
North 40 Specific Plan History and Background
background
Draft Specific Plan completed in 1999, but not adopted
In 2010, Town Council adopted 2020 General Plan
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North 40 Specific Plan History and Background
background
Public input was received at meetings and in writing
A Draft Environmental Impact Report (EIR) for the Draft Specific Plan was available for public comment in early 2014
Planning Commission
considered the Draft Specific Plan and EIR in June and August of 2014
Planning Commission forwarded its recommendations to the Town Council
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Background
North 40 Specific Plan History and Background
Town Council considered the Draft Specific Plan and EIR on 8 occasions between September 2014 and June 2015
Final EIR was certified on January 5, 2015 and the North 40 Specific Plan
was adopted on June 17, 2015
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Specific Plan provides a maximum development capacity of 270 residential units and 501,000 square feet of non-residential uses
Specific Plan requires 30% open space, design elements
to reflect the orchard heritage of the properties, new bicycle and pedestrian paths, and improvements to nearby streets
Development capacity
Development Capacity
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Specific Plan contains numerous Development Standards
- Height
- Open Space
- Parking
- Setbacks
- Lot Coverage
Development standards
Development Standards
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Chapter 3 of the Specific Plan contains Design Guidelines for Commercial and Residential Development
- Architecture
- Site Planning and Design
- Building Form
- Outdoor Spaces
- Landscaping
Design guidelines
Design Guidelines
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Architecture and Site (A&S) and Vesting Tentative Map (VTM) applications
A&S application proposes 260 residential condominiums/rowhomes, 10 rental apartments (including two live-work
units), 50 affordable senior rental units, and 66,791 square feet of commercial floor area
VTM proposes to subdivide the 20.7-acre project area into 113 lots, with up to 320 residential
condominiums
Proposed project
Proposed Project
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To meet regional housing needs, California law requires the Town to adopt housing element as part of its General Plan
By law, every jurisdiction must plan for its fair share of new
housing for all income segments of the community
Housing element
North 40 Specific Plan Relationship to
Housing Element
The State has determined that there exists a severe shortage of affordable housing and there is and immediate need to encourage the development of housing
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The Town Council appointed a Housing Element Advisory Board (HEAB) to assist in the preparation of the Housing Element
The Board consisted of the General Plan Committee (GPC) and 4
members of the community
In 2013 and 2014, the HEAB held numerous public meetings that allowed the public multiple opportunities to participate in the preparation of the Housing Element
Housing element
North 40 Specific Plan Relationship to
Housing Element
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The Housing Element identified specific sites to accommodate the Town’s required housing need.
One of the sites was the North 40 Specific Plan Area.
The Housing Element identified
270 units for the North 40 Area and required the Town to rezone 13.5 acres within the to comply with a minimum density of 20 units per acre
Housing element
North 40 Specific Plan Relationship to
Housing Element
In June 2014, the HEAB decided to satisfy the RHNA primarily with existing Affordable Housing Overlay Zone (AHOZ) sites
The Planning Commission in August 2014 and Council in September,
approved the draft housing element and submitted it to the California Department of Housing and Community Development (HCD)
HCD initially refused to certify the Town’s Housing Element
because it did not demonstrate adequate sites, appropriately zoned to meet the jurisdictions share of the regional housing needs
In order to obtain certification the HEAB, Planning Commission
and Council amended the Town’s Housing Element to include the North 40 Specific Plan to meet projected housing needs
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To obtain certification of the Town’s Housing Element from the State, the Town designated sites within the North 40 that allows “by-right” development
“By right” development means the
Town’s review may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval
By right development
By Right Development
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“Additional opportunities for affordable housing are being facilitated through the consideration of the North 40 Specific Plan and associated rezoning of 13.5 acres with a minimum density
of 20 units per acre to yield 270 units. The Specific Plan would provide certainty regarding objective criteria in the form of development standards and design guidelines that would
be implemented through “by right development" in the consideration of Architecture and Site applications. This process involves site and architectural review and if a proposal meets
the objective criteria in the Design Guidelines, then the project is approved. Therefore, the Planning application process and review is not an undue burden or constraint on the production
of affordable housing.”
By right development
By Right Development
Housing Element
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When an applicant seeks a density bonus for a housing development that includes the required percentage of affordable housing, section 65915 requires that the city not only grant
the density bonus, but provide additional incentives or concessions where needed based on the percentage of low income housing units.
DENSITY BONUS
Density Bonus
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In addition to, and separate from, requests for incentives, a density bonus applicant may request a waiver or reduction of development standards that would have the effect of physically
precluding the construction of the project at the densities or with the incentives permitted under the statute.
DENSITY BONUS
Density Bonus
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The Town must grant the density bonus, incentive(s), and concession(s) requested unless the Town makes a written finding, based upon substantial evidence, of either of the following:
1. The
incentive or concession is not required in order to provide for affordable housing costs or affordable rents.
DENSITY BONUS
Density Bonus
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2. The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public
health and safety or physical environment or any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.
DENSITY BONUS
Density Bonus
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Council must complete its consideration by September 7, 2016
The applications must be evaluated against the existing, adopted North 40 Specific Plan.
PERMIT STREAMLINING
Permit Streamlining
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Not consistent with the General Plan and the North 40 Specific Plan.
Does not address the unmet needs for senior housing as noted in Section 2.4 and Appendix C of the Specific Plan.
Does
not incorporate views adequately in the layouts as called out in the Specific Plan
PLANNING COMMISSION RECOMMENDATION
Planning Commission Recommendation of
Denial with the Following Findings
Planning Commission considered proposal on March 30, July 12 and July 13
Views:
Open Space Policy 01 View Preservation and does not comply with Design Guideline 3.2.1.d. Site Planning
and Design, and Section 3.2.6.e.i. Building Elements and Articulation which states “Special care shall be taken to avoid obstructing views to the surrounding hills.”
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Economic study as required in Section 2.4.2 was flawed.
Units should be smaller.
Does not comply with Policy DG6 Architecture particularly for buildings 24 and 25.
The Specific Plan
envisions lower intensity residential uses in the Lark District.
PLANNING COMMISSION RECOMMENDATION
Planning Commission Recommendation of
Denial with the Following Findings
Economic Study Flawed:
because it did not consider the downtown Conditional Use Permit and parking requirements
Smaller units:
typical of the examples cited on page 6 of the Planning
Commission Report for its July 12, 2016 meeting.
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Council has the discretion to evaluate the application based on the objective standards contained in the North 40 Specific Plan
Council should identify specific facts associated with
the application to support their findings
TOWN COUNCIL
Town Council Action
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Suggested sequence for Council’s consideration:
- Development Capacity
- Development Standards
- Design Guidelines
TOWN COUNCIL
Town Council
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QUESTIONS
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