DATE:
March 19, 2024
TO:
Mayor and Council Members
FROM:
Rachel Molina, City Manager
BY:
Nathan R. Freeman, Director of Development Services
Ryan Leonard, Principal Planner
SUBJECT:
Density Bonus Agreement DA23-00002 and Site Plan Review SPR23-00027; Applicant: Shree Properties, Inc.; APNs: 0407-142-03 & -04
RECOMMENDED ACTION
The Planning Commission recommends that the City Council adopt Resolution No. 2024-08 approving DA23-00002 and SPR23-00027.
BACKGROUND
Proposal: A Density Bonus Agreement and Site Plan Review to construct a 114-unit senior apartment complex (age 55 and older), which includes a 2% density bonus and 34 affordable units on approximately 5.6 gross acres (4.4 acres net) (Project). The Density Bonus Agreement designates 34 units for lower income households (i.e., income does not exceed 80% of the area median income). One unit is set aside for a manager’s unit.
Location: On the south side of Live Oak Street, between Eighth and Ninth Avenue (Site) (Attachment 1a, 1b).
Current General, Plan, Zoning and Land Uses: The proposed Project Site is within the High Density Residential (HDR) zone of the Main Street and Freeway Corridor Specific Plan (Specific Plan). The surrounding land is designated as noted on the General Plan Land Use Map (Attachment 2). The proposed Project Site is currently vacant and is bounded by existing single-family residences to the north and east. An affordable senior apartment complex exists on the property to the south and the property to the west is vacant (Attachment 3).
Planning Commission: The Planning Commission, at its February 8, 2024 meeting, reviewed the proposed Project and voted 5-0 to forward to the City Council with a recommendation for approval. During the meeting, two people spoke in opposition to the Project. The first commenter had general concerns with an additional apartment project being constructed in the neighborhood and was opposed to an affordable housing project. The second commenter had concerns with construction noise and construction impacts during development of the Project. The Planning Commission discussed the Project and were concerned that each unit would not have individual laundry facilities. As proposed, the Project will contain two 350 square foot community laundry buildings. The applicant explained that because the units are smaller than average, individual laundry facilities cannot be accommodated because there is not enough available space.
Previous Approval: The Project was previously approved by the City Council on September 8, 2012. On February 27, 2014, the Development Review Committee approved a revised site plan, building elevations, and conditions of approval. The revised site plan maintained the same number of units as originally proposed (114 units). However, the revised site plan designated a portion of the units as affordable for seniors and modified the building design to include two-story buildings. The Project was subsequently extended on four separate occasions and expired on September 12, 2022.
The proposed Project is substantially the same as the original approval. The applicant previously submitted building plans and grading plans to the City for plan check, but the entitlement expired. The applicant desires to keep the proposed Project substantially the same as the original project so that they can utilize the building plans and grading plans that have already been prepared.
ISSUES/ANALYSIS
Housing Goals: The City’s 6th Cycle General Plan Housing Element was approved by the City Council on May 2, 2023. In general, the 6th Cycle Housing Element covers the planning period of October 15, 2021, through October 15, 2029, and identifies strategies and programs that focus on, among other things, meeting current and future housing needs of Hesperia residents consistent with the State’s Planning and Zoning Law. The Regional Housing Needs Assessment (RHNA) provides the number of housing units required to meet future housing needs. The RHNA allocation can be broken down into different income categories, based on household income. As identified in the 6th Cycle Housing Element, the City needs to plan for a total of 8,155 housing units as part of the RHNA allocation which includes 1,921 units for persons within the very low income category and 1,231 units for persons within the low-income category. To date, there have not been any affordable housing units constructed within the current planning period. Nonetheless, the City is obligated to make strides in the creation of affordable housing, consistent with the goals of the General Plan. Failure to substantially meet its housing targets can mean the City would be forced to approve by-right or ministerially approved housing developments, including affordable housing developments, under applicable law that further restrict the City’s discretion to approve or disapprove developments in general.
Land Use: As previously noted, the proposed Project Site is within the HDR zone of the Specific Plan. The HDR designation allows for residential densities between 15 and 20 dwelling units per gross acre, so the Site can accommodate up to 112 units. However, the proposed 114-unit apartment complex will yield a density of 20.4 dwelling units per gross acre and is 2 more units than what is currently permitted in the HDR zone. Consequently, the applicant requested a 2% density bonus, to accommodate the additional 2 units. In exchange for the density bonus, 34 units will be reserved for low-income households (i.e., income does not exceed 80% of the area median income). These affordable housing units will contribute towards meeting the City’s affordable housing goals as contained in the City’s Housing Element.
The proposed 114-unit apartment complex will contain 90 one-bedroom and 24 two-bedroom units. The development will consist of six two-story apartment buildings, a two-story clubhouse, and a single-story community building for a total of eight buildings on-site. Four apartment buildings will contain 20 units per building, which will consist of 16 one-bedroom units and 4 two-bedroom units. Two apartment buildings will contain 16 units per building, which will consist of 12 one-bedroom units and 4 two-bedroom units. In addition, the 2-story clubhouse will contain two one-bedroom units on the second floor.
The one-bedroom units will be 698 square feet and the two-bedroom units will be 882 square feet in size (Attachments 4a, 4b and 5a, 5b). The proposed Project also contains several amenities, including a 2,243 square foot recreation building, a pool, spa, bocce ball court, picnic areas with tables, barbeques, and an outdoor game area with seating. The complex will be enclosed by a decorative wall along the Project’s southern boundary and by a combination three-foot high decorative wall and a three-foot high wrought iron fencing along all three street sides. In addition, the proposed Project will contain two 350 square foot community laundry buildings (as laundry facilities are not provided in each individual unit).
Density Bonus and Incentive Agreement and Covenant Restricting Use: The proposed Project does not comply with four development standards within the HDR Zone of the Specific Plan. However, the State Density Bonus Law, after which the City’s Density Bonus Program (Program) is modeled, provides a tool to encourage development of affordable housing, consistent with the Housing Element. In exchange for the density bonus, State Density Bonus Law and this Program require that the City offer design concessions, such as waivers of certain development standards. Therefore, the applicant has requested, and staff is recommending, that this Project be waived from meeting the following four development standards:
Private Usable Open Space: The Specific Plan requires each unit to have a minimum private usable open space of 100 square feet, accessible directly from the living area of the unit, and no dimension shall be less than eight feet on any side. The private balconies meet the minimum square footage requirement; however they are below the minimum 8-foot dimension requirement. As proposed, the patios will measure 29-feet by 7-feet and 2-inches for the one-bedroom units and 37-feet by 7-feet and 2-inches for the two-bedroom units. Staff supports the proposed private usable open space reduction, as the development makes up for the reduced area with active recreational facilities such as a pool, spa, bocce court, etc.
Off-street Parking: Senior apartment units, which do not include an affordability component, require 1.5 spaces per unit for a one-bedroom unit, and 1.75 spaces for a two-bedroom unit. In addition, a minimum of one space per unit is required to be covered. Utilizing the traditional parking requirements, the proposed Project would be required to provide 177 parking spaces, 114 of which would be required to be covered. However, the Development Code contains a modified parking ratio for projects which are designated as affordable. The modified parking ratio requires one space for one-bedroom units and two spaces for two-bedroom units. There is no requirement for covered spaces. Utilizing the modified parking ratio, a minimum of 138 parking spaces are required.
As proposed, the Project provides 153 total parking spaces, and 115 spaces are covered. Staff supports the proposed Project using the modified parking ratio as it is consistent with the Municipal Code requirements, which specifies that projects which contain an affordability component are eligible to utilize the modified parking ratio. However, even though the proposed Project qualifies for the modified parking ratio, the reduction in parking is still considered a development concession.
Minimum Living Area: The City’s required minimum living area for apartment units is currently 875 square feet for a one-bedroom unit and 1,075 square feet for a two-bedroom unit. It should be noted that the City’s Development Code does not contain separate minimum living area requirements for senior apartments. The proposed Project provides 698 square feet for a one-bedroom unit and 882 square feet for a two-bedroom unit. The one-bedroom is deficient by 177 square feet and the two-bedroom is deficient by 193 square feet. Staff supports the minimum living area reduction as the proposed Project will be deed-restricted for 100% of the units to be for senior citizens, and the average persons per household for senior units is less than non-age restricted units.
Distance Between Buildings: The Specific Plan requires that all buildings be a minimum of either 10 or 15 feet apart depending on the line of sight. Buildings that do not have a direct line of sight must be separated by a minimum of 10 feet from another building; buildings which have direct line of site from a window, door, or balcony shall be separated by 15 feet from another building. The proposed development contains four buildings that would be subject to the 15-foot building separation requirement; two of the buildings have separations as close as 9 feet apart and two buildings have separations as close as 11-feet and 5-inches apart. However, staff supports the proposed building separation reduction, as the reduction in the distance between buildings affords the space needed to include the recreational amenities which enhance the proposed Project.
As mentioned above, the proposed Project exceeds the allowable density of the HDR zone. The City’s Density Bonus Program provides a tool to encourage development of affordable housing, consistent with State law and the adopted Housing Element. A density bonus allowing 2 units beyond the density restriction of the HDR zone is proposed. In exchange for the density bonus, 34 units will be reserved for low-income senior households, which will count towards the City’s RHNA for the 2021-2029 planning period and will contribute towards meeting the City’s affordable housing goals. In exchange for the density bonus, this Program requires that the City offer design concessions. Therefore, staff is recommending that this Project not be required to meet the minimum balcony size/depth, minimum parking, minimum floor area regulations and minimum distance between buildings, as detailed above. The proposed density bonus requires that the lower income units for seniors be deed-restricted for a period of 55 years.
Access/Roadway Improvements: Eighth and Ninth Avenue are currently paved. Ninth Avenue connects to Main Street to the south and Eighth Avenue extends north to Willow Street. Live Oak Street is currently unimproved. As a part of the Project, Live Oak Street will be paved, and the developer will construct half-width improvements consisting of curb, gutter, and sidewalk across the Project frontage. Half-width street improvements for Ninth Avenue shall also be completed across the Project frontage. Eighth Avenue is currently improved with the Eighth Avenue paseo as well as curb, gutter, and sidewalk.
Access to the proposed Project Site, will be provided by driveway approaches located off Live Oak Street, Eighth Avenue, and Ninth Avenue. The three driveway approaches will provide full access for vehicles entering and exiting the Site. As a condition of approval, the proposed Project will be required to provide stamped or decorative concrete at each of the driveway approaches.
Architecture: The apartment buildings and clubhouse were previously determined to comply with the architectural guidelines of the Specific Plan. The architectural style that best represents the design is French Creole. The Project was designed to replicate many of the distinctive features that are found along the French Quarter in New Orleans. The apartments are designed with contemporary architecture incorporating symmetrical buildings, tile roofs, decorative trim around the windows, and balconies with ornate ironwork (Attachments 6a, 6b, 6c, and 7).
The proposed Project also satisfies the minimum landscaping requirements. The minimum required landscape coverage is 15% of the developed site; the proposed Project provides 39,512 square feet (20.5%) of total landscape coverage.
Water and Sewer: Existing water lines include 8-inch water lines within Live Oak Street, Eighth Avenue, and Ninth Avenue. The proposed Project will connect to the existing water line located within Live Oak Street.
An eight-inch sewer main will be installed in Live Oak Street beginning at the intersection of Ninth Avenue and connecting to the existing eight-inch sewer line along Seventh Avenue to the east of the proposed Project Site.
Drainage: All drainage created on-site will be detained/retained in an underground retention system beneath the parking lot. The underground drainage system is proposed to store the necessary volume. Upon completion of the on-site drainage improvements, the impact of the Project upon properties downstream is not considered significant.
Environmental: On November 17, 2023, biologists from RCA Associates, Inc. surveyed the Site to determine the presence of Joshua Trees. During the field survey, zero Joshua Trees were observed within the proposed Project Site boundaries. Additionally, the proposed Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) by Section 15332, Infill Development Projects. This exemption applies to developments on sites no larger than five acres, which are consistent with the General Plan and are substantially surrounded by urban uses. As previously mentioned, the net area of the Site is 4.4. acres. Furthermore, the proposed Project (i) by virtue of its location, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource. Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this Project.
Conclusion: The proposed Project conforms to the policies of the City’s General Plan, specifically the affordable housing goals. The City’s Density Bonus Program allows the proposed Project to vary from development standards. Therefore, the Site Plan Review and Density Bonus Agreement are consistent with the General Plan and meet all applicable development standards (Attachment 8 and 9).
FISCAL IMPACT
There is no immediate fiscal impact associated with this report. However, the development will be subject to payment of development impact fees adopted by the City Council.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
1a. Site Plan
1b. Site Plan Summary
General Plan and Zoning Map
Aerial photo
4a. 1st Story Floor Plan
4b. 2nd Story Floor Plan
5a. One-Bedroom Floor Plan
5b. Two-Bedroom Floor Plan
6a. Color Elevation
6b. Color Elevation-Community Building
6c. Color Elevation-Recreation Building
View Rendering
Density Bonus and Incentive Agreement and Covenant Restricting Use Resolution No. 2024-08 (with conditions of approval)
9a. Conditions of Approval
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the Mayor and Council Members
Density Bonus Agreement DA23-00002 and Site Plan Review 23-00027; Applicant: Shree Properties, Inc.; APNs: 0407-142-03 & -04 March 19, 2024