Appealing the granting of height and number of stories waivers for Highrose/Verandas
I ask that the developers of Highrose/verandas not receive the height and number of stories waiver and be held to the local code: 30ft height and 3 stories. The developer did not provide reasonable documentation that would qualify for the waiver.
The project is very attractive and it would be a great addition to our neighborhood, we do need more housing affordable and other. I would like it to go forward.
The state of California needs to show it is doing something about the housing shortage, so increase density and affordability. They have put an unattainable burden on our town 406 units. With the project we get 6 here, where are the rest coming from? I have been told that there are 2 locations that would qualify for this same sort of development... how many stories will those be?
Per California govt code section 65915 (0)(2) State law “STATE LAW DOES NOT PROHIBIT A LOCAL
GOVERNMENT FROM REQUIRING AN APPLICANT TO
PROVIDE REASONAL DOCUMENTATION TO ESTABLISH
ELIGIVILITY FOR A REQUESTED DENSITY BONUS, INCENTIVES
OR CONCESSIONS,AS Described IN SUBDIVION (d). WAIVER OR
REDUCTIONS OF DEVELOPMENT STANDARDS,AS DESSRIBED IN
SUBDIVISION(e)
Planning director and staff, concluded that “reasonable documentation” was given to established the projects eligibility, the documentation came from the developer, did staff think
of getting a second opinion, did they question it?
What was that evidence page 5-01, 5-02 and 5-03 from the plans submitted and attachment k and l from staff?
Pages from the plan and k is a survey of rental sizes in the area without any supporting documentation and (L) a letter from the developers architect regarding ceiling heights.
Is that reasonable documentation? I don’t think so.
Did the developer provide detailed plans that proved their conclusion that the units would average about 529 sq feet made up of mostly studios (5-01)?
Did Staff check the get a second opinion?
Did they question the rental data? (L)
Did staff investigate data in the letter from the architect (their architect)?
How is that documentation that they can’t build to code? After the commission hearing I request that information used by the staff to verify the developers evidence and I have not received anything from them. Nada.
The director the city is not obligated to give the waivers? There is a burden of proof, by providing reasonable information that it can’t be done within the building code 30 ft 3 stories therefore that would prove the project can’t move forward resulting in the waiver being given. But it can be done. The developer has no incentive to say it can. Why would they? Nah can do it... so the director issues the Waivers.
You have the power to ask the developer to stay within those limits.
Perhaps eliminate the penthouse and the 9 4th floor units. The developer likely would take a small hit to their ROI. But I believe the staff needs to look for a second opinion or ask the developer to try again. Simple solution, get rid of the fourth floor and the penthouse.
Mr. Buckley stated, at the commission appeal hearing (6/08), that they could have submitted an even taller building but out of consideration for the character of the city they went with this plan.
I urge Mr. Frank Buckley, though the state density bonus plus the city’s allows you to have 79 units can you try to show some more of that love and fit what you can within the local code limits. You would still be left with 69 units with 6 affordable units that yields you 11 units more than what you would have had without the bonuses (52).
Frank, you don’t always have to take everything you are given. I think it would show a great deal of respect to your neighbors and to the city we love if you did eliminate the 4th floor. In the long run the town will benefit and so will you.
The builder wants to build here, because of what we have. An iconic beach town that has managed its growth and character well. How? One vital way, is by our building code. That’s why I live here, that why we live here, and that’s why people want to come here.
The State is out of bounds in its rush to show that they are doing something about this problem. I don’t have an issue with providing more affordable housing and development. I do have a problem with the way the state is choosing to accomplish this. They are granting one group incentives at our expense. They are bullying cities like ours up and down the coast.
Thank you