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Agreement

City Council/Public Finance and Economic Development Authority/Parking Authority
January 3, 2022

Document
Agreement
Meeting
January 3, 2022
Body
City Council/Public Finance and Economic Development Authority/Parking Authority
Pages
3
Original file
4.5 MB
Text extracted from the city's file for reading and search. Open the original on cityofmerced.legistar1.com. That file is the official record.

ATTACHMENT 8

EXHIBIT A

LEGAL DESCRIPTION

Parcel C as shown on that certain Parcel Map entitled “Parcel Map for Colburn and Valdene Thomason,” recorded in Book 81, Page 49 of Merced County Records; also known as Assessor’s Parcel Number (APN) 007-350-018.

EXHIBIT A

OLIVE AVE

ALEXANDER AVE
SANDY
LN

PARK AVE

DIANE CT

ERIC CT

ST MICHELLE DR

COLLEGE GREEN DR
G ST
Subject_Site
¯
Disclaimer: This document was prepared for
general inquiries only. The City of Merced
makes no warranty, representation, or guarantee
regarding the accuracy of this map. The City of
Merced is not responsible for errors or omissions
that might occur. Official information regarding
specific parcels should be obtained from official
recorded or adopted City documents.

3015 PARK AVE.

APN: 007-350-018

EXHIBIT B

DENSITY BONUS #21-01
Concessions and Waivers

Height (Waiver)
The applicant is requesting an increase in height from a maximum of 35’ to a maximum of 45’. This increase allows the construction of three -story buildings rather than two-story buildings. The site is zoned Planned Development (P -D) #4 and has a General Plan designation of High- Medium Density (HMD) Residential.

There are no specific standards for P -D #4, therefore, the City relies on the zoning category that corresponds with the General Plan designation. In this case, the R -3 zoning district corresponds with the General Plan designation of HMD. The maximum height allowed in the R -3 zoning district is 35’. Therefore, in order to construct a three-story building, an increase in the allowable height is required.

Justification:

Increasing the height of the buildings allows for greater efficiencies by enabling a greater building mass. This enables greater densities which reduces the cost of land per unit.

Setbacks (Waiver)
As explained above, staff is relying on the standards for the R-3 zoning district. This district requires a minimum 15’ exterior yard setback. Additionally, Zoning Ordinance Section 20.46.040 (A)(1) requires a 1:1 height and setback ratio from an exterior proper ty line for at least 50% of the building frontage. Based on the proposed 45’ height of the buildings, the 1:1 ratio would require a portion of the building to be setback 45’ from the property line.

Justification:

Decreasing setbacks allows for a greater building envelope which increases the efficiency of the development and decreases project costs per unit. Given the limitations of the lot size and shape, the required 1:1 height and setback ratio is not feasible and would render the development infeasible.

Lot Area Per Unit (Waiver)
As previously described, staff is relying on the standards for the R-3 zoning district.

This standard allows one unit for every 1,500 square feet of lot area. The development proposes one unit for every 1,260 square feet of lot area.

EXHIBIT C
Density Bonus #21-01
Concessions and Waivers

Page 2 ends

Justification:

Decreasing lot area per dwelling unit allows for a greater building envelope which increases the efficiency of the development and decreases project costs per unit.

Roof-mounted Mechanical Equipment (Concession)
The applicant is requesting a waiver from Zoning Ordinance Section 20.46.040 (A)(5a) which prohibits roof-mounted mechanical equipment.

Justification:

Allowing roof-mounted mechanical equipment screened from public view allows more space on the ground for this small par cel. Placing mechanical equipment on the ground takes up space that could be otherwise used for open space or general outdoor area. Additionally, the cost of a roof-mounted HVAC unit is typically less because the entire unit is on the roof. Ground-mounted units require a portion of the unit to be inside the living area. This not only takes up space, but adds cost to the apartment unit.

Safety and Defensible Space (Concession)
The applicant is requesting a waiver from Zoning Ordinance Section 20.46.030 (H)(2) which requires the number of apartments that enter their front door from the same hallway or courtyard be limited to 12 (or as otherwise approved by City staff) so that residents can learn to distinguish fellow neighbors from visitors and/or intruders.

Justification:

Given the limitations of the site, the building has been designed to maximize the limited space. The proposed design provides for all 66 units to be within the same three-story building. Limiting the number of units allowed to share an entrance to the building would limit the design, which in turn, would increase costs, and would limit the total number of units that could be built on the site.

Private Outdoor Space (Waiver)
Zoning Ordinance Section 20.46.030 (I) requires each unit to be provided with a minimum private outdoor area of 5’ x 8’ (40 sq. ft.). The applicant is requesting a waiver or reduction in this requirement.

Justification:

Due to the limited size of the site and the number of affordable units being provided, adding 40 square feet of outdoor private space would reduce the number of units that would be able to be constructed due to the added area needed to accommodate the Density Bonus #21-01
Concessions and Waivers

Page 3 ends

outdoor space. Additionally, substantial costs are attached to providing balconies and private pati os. These costs would either lead to a reduction in the number of units or render the project infeasible.

As described above, the applicant is requesting three concessions and four waivers.

Based on the affordability of the project, it is eligible for four concessions. There is no limit to the waivers requested. Without the requested concessions, the project would not be feasible to build. The requested concessions would not result in any of the conditions listed in Finding A of this resolution that would result in the denial of the requested concessions. Therefore, the concessions comply with State Density Bonus Law. Because the project is eligible for the requested concessions, the City may not apply any development standards that would place a financial burden on the project and preclude the construction of the project. Therefore, the requested waivers also comply with state law.

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EXHIBIT D

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