Planning Commission
October 26, 2023
Development Services Director
Planning Division Staff Report
DATE: May 16, 2024
TO: Development Services Director
FROM: Planning Division
REQUEST: Development Plan Review (DPR 72-2024).
A request to develop a 5.5 acre site with 289 dwelling units within two, four- story buildings with private and common open spaces, subterranean parking, garage parking, surface parking, covered parking, landscaping, trash facilities, and a privately owned pub lic linear park. The property is located in City Gateway Segment of the Pomona Corridors Specific Plan (PCSP).
EXECUTIVE SUMMARY
T
he applicant, Matthew Cobo, is requesting approval to develop a 5.5-acre lot with 289 dwelling units within two, four -story buildings . The project site is in the City Gateway Segment of the Pomona Corridors Specific Plan , in the Neighborhood Edge Place Type and within the T4-B Transect. The applicant is requesting a 30% Density Bonus and proposes to set aside twenty units for very low income and nine for moderate income, qualifying the project for concessions, waivers and incentives. The proposed project meets the criteria for an Exemption pursuant to Section 15182 of CEQA in that the proposed project is a residential project consisting of 289 dwelling units and is undertaken pursuant to and in conformity with the PCSP adopted in 2014 . Therefore, no further environmental review is required.
Staff Recommendation
S
taff recommends that the Director of Development Services adopt the attached DPR Resolution No. 24-002 approving Development Plan Review (DPR 72-2024) (Attachment 1), subject to conditions.
Table of Contents
I. L
ocation of Request (Pages 2 to 6)
II. Request Details (Pages 6 to 20, Graphics on Pages 7-20) III. A pplicable Code Sections (Pages 21 to 24)
IV. Compliance (Pages 24 to 26)
V. Public Communication (Page 27)
Attachment 4
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
Property Details
Related Actions
Historic
Preservation
N/A
Code
Enforcement
CE 314 -2024 – Encampments and landscaping debris on the property, owner provided the No Trespass Authorization and removed the debris, case closed.
CE 22348 -2022 – Junk, trash and debris on the sidewal k, items were removed and case closed.
CE 16465-2020 – Sprinklers on the property were overwatering and there was a plumbing issue within the suites, items resolved and case closed.
Building &
Safety
N/A
Planning CUP 12399-2019 – 7 /11 request for the off-sale of beer and wine, denied by Planning Commission.
DPR 18998-2022 – Proposed 289 dwelling units across eight, four -story buildings, application withdrawn and reapplied with a new site layout and new developer.
I. Location of Request
A. General Location
The project site is a corner block located on the west side of Garey Avenue bounded by West Grove Street to the south and Drake Street to the north. The site is surrounded by residential development consisting of apartment complexes to the west, south an d east of the site.
North of the site, there is a private education institution. The site is currently developed with a 26,535 square foot commercial shopping center, which was originally built in 1987. The shopping center only has 10 active tenants, including a restaurant, several personal services, convenience uses , and offices. After the outbreak of novel coronavirus disease (COVID-19), a majority of the tenants within the center were unable to recover economically Address 3101-3191 N. Garey Avenue
Assessor’s Parcel Number (APN) 8370010016, 8370009038
Lot Size 5.5 acres
General Plan Place Type Neighborhood Edge
General Plan Transect Zone T4-B: 40 DU/Acre, 3 floors max.
Zoning District N/A
Historic District N/A
Specific Plan City Gateway Segment of PCSP
City Council District District 6 – Torres
Applicant Matthew Cobo, AIA as agent for AC Martin
Property Owner Noor Properties, LLC & Coliseum Properties DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
and closed their businesses . Below is a list of current tenants and total number of vacancies.
List of Active Tenants
Suite # Tenant
3129 99 Cent Store +
3141 Sweet Art Bakery
3143 Action One Check Cashing Corp.
3151 Best Nails
3153 Stylz 4 Sho Beauty Parlor
3157 Chad Bowman Office
3177 Edward Aboaid (Eden Gift & Tobacco)
3181 Key Essentials to Behavior Management, Corp.
3185 LaKeysha Cobbs-Hayes Office
3191 Los Jarritos Mexican Restaurant
Lot Wireless Communications Facility
Total Active Tenants - 10
Total Vacancies - 15
Total Tenant Spaces 25
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
Figure 1. General Location
B. Adjacent Land Uses & Current Zoning
The project site is located within the City Gateway Segment of the PSCP . The site is on the edge of the City Gateway Segment and is surrounded by R-3 (Medium Density Multiple - Family) zoning to the west, south and east . Across the street to the north, the City Gateway Segment continues into Foothill Boulevard. Additionally , across the street diagonally to the northeast, there is a Neighborhood Center designation.
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
Figure 2. Zoning
C. General Plan Land Use
The Pomona General Plan iden tifies the proposed project location as part of the “Neighborhood Edge” Place Type , which includes “grand scale buildings, compatible with medium scale multi -family housing and townhomes in areas envisioned to have a more residential character” (Page 88, 2014 Pomona General Plan). The site is also within the T4 - B Neighborhood Edge Transect which allows densities up to 40 dwelling units per acre and up to three stories.
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
Figure 3. General Plan Land Use
II. Request Details
The applicant is requesting approval to develop the 5.5 acre site with 289 dwelling units within two, four-story buildings with private and common open space s, partial subterranean parking, garage parking, surface parking, covered parking, landscaping, trash facilities, and privately owned public open space . The request includes a 30% Density Bonus, which proposes to set aside twenty units for very low income and nine units for moderate income.
The project proposes 120 one -bedroom units, 155 two -bedroom units, and 14 three - bedroom units. The site is currently developed with a 49,815 square foot commercial shopping center , which will be demolished in order to accommodate the project , with the exception of an existing cell tower on the northwest corner of the site (Attachment 2).
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
Figure 4. Project Site
A. First and Second Proposed Requests
The project went through a series of three site iterations to ensure that the design complied with the architectural requirements of the PCSP and that the development was compatible with the existing neighborhood.
The first iteration of the project centralized parking within the site and removed the possibility of privately owned public open space . The site plan consisted of eight separa te buildings, which lacked a distribut ion of common open space among the 5.5 acre site . The site plan did not reflect a walkable site and did not include a pedestrian network that connected the site to the surrounding neighborhood . The proposed access to the site created additional drive aisles, kept the same number to driveways as the existing site, and
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
was auto-oriented. The building’s exterior design elements lacked architectural details, incorporated little articulation, and did not meet the minimum design requirements of the PCSP. The first iteration of the site plan, created eight separate projects within the site and did not represent a compatible project with the surrounding neighborhood.
Figure 5. First Iteration Design
The second site plan iteration improved upon the location of the buildings and decentralized parking on the site. The new layout created a buffer between the four-story buildings and the adjacent development to the west by locating the parking to the rear and a buffer to the east by adding a privately owned public open space facing Garey Avenue. It introduced new areas of common open space that were within walkable distance to all residents of the project but lacked a pedestrian network to connect them all. The building façades still required additional architectural detail s to meet the minimum design standards of the PCSP.
Moreover, q uality of life elements were missing among the architectural features of the buildings along with the programming details for both the common open space for the residents and for the private public open space. Further, the site plan left parking areas exposed to the public right -of-way and lacked screening requirements for mechanical and trash facilities. There were also additional questions by staff on the level of privacy and safety created by the placement of privately owned public open spaces within the buildings courtyards and interior areas of the site.
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
Figure 6. Second Iteration Design
B. Final Proposed Request
The third and final site iteration added a wider selection of architect ural features into the buildings and implemented a network of pedestrian paths to connect the project to the surrounding public right-of-ways. The exterior cladding materials were differentiated between the upper stories - third and fourth floors, and lowe r stories - ground and second floor , minimizing the appearance of the four-stories and providing visual relief. The final design reflects buildings
with clear entrances and well integrated common and private spaces for the residents, while maintaining a connection to the privately owned public open space.
Moreover, the design includes recommendations from staff, which improve the quality of life for residents and the usability of the privately owned public open space by the community (Attachment 3).
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
Figure 7. Final Design Iteration
Site Plan
The final site plan consists of two, four -story buildings set back from Garey Avenue, extending from West Grove Street to Drake Street, totaling 289 dwelling units with private and common open spaces, and a privately -owned public linear park along the frontage of the site between the buildings and Garey Avenue. Building A is 466 feet in length and 188,400 square feet, inclusive of four floors and tandem parking garages. Building B is 410 feet in length and 216,600 square feet, inclusive of the subterranean parking garage. With the final design there is a mixture of outdoor and indoor private and common open spaces with amenities, and a privately owned public linear park. The project p roposes new landscaping to meet the minimums required by the City’s Water Efficient Landscape Ordinance No. 4232, and to provide screening when appropriate. Additional on -site and off- site improvements will include trash facilities, lighting, and accessibility requirements.
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
Figure 8. Site Plan
The final site plan proposes to reconfigure the site’s current vehicular access. The current site gains vehicular access from five two-way driveway approaches; three of which are off of Garey Avenue, one of whic h is off of Drake Stree t, and one of which is off of West Grove Street. The proposed project will close all three driveway approaches off of Garey Avenue, in order to accommodate a privately -owned public linear park. The existing two-way driveways off of Dra ke Street and W. Grove Street will serve as the main entrances and exits for the project, and as the emergency fire access lane. These driveways are conditioned by Public Works to be re -constructed to current City Standards and ADA requirements. A partial subterranean parking garage in the building closest to the north end of the site will be accessed from an interior driveway lane between the buildings.
Figure 9. Access and Fire Lane
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
The final site plan includes a network of continuous pedestrian walkways that lead around the site, through the linear park, and connect to the surrounding public right -of-ways. The walkways are a mixture of concrete paths, a patterned sidewalk, and decomposed granite paths.
Figure 10. Pedestrian Paths
Entrances
Each building can be entered from either the public street directly or from the interior of the site. Public -facing entries include common lobby entrances, corner entries, and stoops.
Interior site entries include private courtyards with porches and additional lobby entrances.
Additionally, the project includes a total of 409 parking spaces, consisting of tandem garage spaces, surface spaces, covered carport spaces, and spaces within the subterranean parking garage. A subterranean parking garage was possible due to the natural grade difference between the north and south portions of the site , as shown on the figures below .
The parking garage includes a total of 166 parking spaces and is 58,600 square -feet. It includes two stairwells , two elevators, and one dual vehicular entry and exit point from the drive aisle in between the two buildings.
Figure 11. Elevation, Section, and Plan of Subterranean Parking Garage
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
Floor Plans
The ground floor on Building A, closest to Grove Street, includes seven common entryways along with individual entries for all units that are facing Garey Avenue . T he units that are street-facing, have dual access from the exterior of the building and from the interior hallways of the building. Building A, also features the following ground floor amenities: a mail room, a club room, a lobby with a lounge, co -working space, a leasing office, and a fitness center. Additionally, there are 37 garage spaces attached to Building A, with 18 of them being tandem garage spaces.
The ground floor on Building B, closest to Drake Street, includes four common entryways along with individual entries for all units that are facing Garey Avenue. The units that are street-facing have dual ac cess from the exterior of the building and from the interior hallways of the building.
Both buildings feature multiple stairwells and elevators for access in between the floors , including access to the subterranean parking garage. All units on the ground floor feature a stoop entrance or a patio with 60 square -feet of private open space, in addition to the six private courtyards.
Figure 12. Ground Level Floor Plans
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
All four stories across both buildings feature a mixture of o ne, two and three bedroom units on each floor. The units range in size from 618 square -feet to 917 square -feet for the one bedroom units, 822 square-feet to 1,318 square-feet for the two bedroom units, and 1,409 square feet to 1,520 square -feet for the three bedroom units. Within the second, third and fourth stories of the buildings, the units feature individual balconies that are 60 square-feet in size . The balconies are either set into the building or provided with a solid canopy to provide shading and protection from outside weather conditions.
Figure 13. Upper Level Floor Plans
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
Architecture & Materials
The architecture and design of the building is a modern style with a mix of materials and colors that visually reduces the four-story massing of the building. The first two stories of the buildings include a brick veneer finish, which extends to the fourth floor at main entrance lobbies with the combination of a stone veneer around the entrance doors. T he third and fourth floors incorporate a n exterior plaster finish with a varying color scheme to add elements of depth along the notches and extensions of the building. The residential entry doors and windows will be of vinyl material and recessed a minimum of two inches and include a trim around the exterior. The balconies include solid metal canopies and open metal railings. The site also incorporates a variety of fencing types, such as tubular metal fencing, combination fencing with brick veneer and tubular steel, and planter w alls. The buildings height varies from 54 feet to 59 feet depending on the grade. The buildings include a cantilever ledge cap on the roof and all mechanical equipment is removed from the edge of the buildings to provide an appropriate screening distance from the public right- of-way.
Figure 14. Elevations and Renderings
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
Open Space
The final project’s open spaces can be categorized into three types: private space for residents, common open space for residents, and privately-owned public open space for the community. The common open spaces for the residents consist of six outdoor courtyards with amenities , ranging from 1,430 square -feet to 5,650 square -feet, and an indoor clubhouse with amenities. The private open spaces for residents are provided in the form of patios and stoops for ground floor residents and balconies for all upper floors, with a minimum size of 60 square -feet. Lastly, the privately -owned public open space for the community is provided in the form of 32,550 square foot linear park.
Figure 15. Private and Common Open Spaces for Residents
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
The six common courtyards for the residents include different layouts and amenities. Most notably, one of the courtyards includes a pool, a pool lounge, and a shower building. The other courtyards include a variety of seating options like patio sets with movable furniture, built-in seating walls, raised planters, dining BBQ areas, and open turf areas. The courtyards also incorporate overhead trellises and courtyard specimen trees for shading purposes. In addition to the outdoor courtyards the project features an indoor clubhouse that has the following amenities: a club room, a co-working space, a lounge, and a fitness room.
Figure 16. Courtyards for Residents
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
The final design for the project incorporated a privately owned public linear park along the frontage of the buildings facing Garey Avenue. As the project site is within the City Gateway Segment of the PCSP, public open space is required at the ratio of 150 square feet per unit, totaling a minimum of 43,350 square feet. The project provides 32,550 square feet of privately owned public open space and requests a waiver of 25% of the required public open space. Due to the dimensions of the lot, the applicant proposed a linear park across the length of the site, gaining the length of the site as usable space and ensuring the space connects to the public right-of-way. The linear park includes the following amenities to classify as a park in the PCSP: a tot lot with a shade canopy, a bike repair station with bike parking and a trellis, an outdoor fitness station, additional playground equipment with a shaded canopy, a rock garden, an urban garden, multiple seating points, and pet refuse station.
Figure 17. Privately-Owned Public Open Space
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
Landscaping
The project is subject to the City’s Water Efficient Landscape Ordinance No. 4232, requiring a minimum of 20% of landscaping, a combination of live vegetation and decorative hardscape, for residential projects. The conceptual landscaping plan provides a total of 50,140 square feet of landscaping or 21% of landscaping, across all open space amenit ies.
Landscaping will be located between the outdoor parking stalls, within the private courtyards, as new parkway landscape improvements on Grove Street and Drake Street, and as new landscaping within the linear park. The site’s current landscaping within the existing parking lot will be removed to accommodate the project, with the exception of the landscaped area on the northwest corner belonging to the area with the cell tower. The conceptual landscaping plan proposes v arious forms of drought tolerant la ndscaping including the following: blue Italian cypress trees, carolina laurel che rry wucols, afghan pine wulcols, variegated smooth agave, creeping fig, and green carpet natal plum. In addition to live vegetation, the project proposes a mixture of decorative hardscape elements throughout the site.
Figure 18. Conceptual Landscaping Plan
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
III. Applicable Code Sections
A. Pomona Corridors Specific Plan
A D evelopment Plan Review (DPR) is required for all ne w development within the sp ecific plan boundary areas.
B. Inclusionary Housing
The City of Pomona’s Inclusionary Housing Ordinance (Ordinance No. 4295) requires for the construction of inclusionary units. These units are defined as dwelling unit that is designated to meet the requi rements set forth in Ordinance No. 4295, and must be made available at an affordable housing cost or an affordable rent to eligible moderate -, low or very low - income households, as applicable to the unit. The project is subject to the Pomona Inclusionary H ousing Ordinance. Rental units require 13 % set aside units for moderate income. This equates to twenty nine units in total, compromised of twenty units for very low income and nine for moderate income.
C. Senate Bill 330 (SB 330)
On October 9, 2019, Governor Newsom signed into law the Housing Crisis Act of 2019 also known as Senate Bill 330 (“SB 330”). SB 330 creates new state laws regarding the production, preservation and planning for housing. It amends the State Housing Accountability Act, Permit Streamlining Act and Planning and Zoning Law all under Title 7 of the California Government Code. The bill establishes a statewide housing emergency for five (5) years from January 1, 2020 to January 1, 2025.
A. On August 2, 2021, the City adopted an SB 330 Overl ay District, to establish a discretionary basis to enable development at General Plan densities.
1. SB 330 aims to increase certainty in the development process, speeding the review of new Housing Development Projects, preserving existing affordable housing and preventing certain zoning actions that reduce the availability of housing. Specifically, SB 330 does the following (emphasis added): Vesting.
Creates a new vesting process for fees, zoning and land use ordinances, policies, and standards in place at the time that a preliminary application is submitted, with limitations;
2. Historic Properties. Requires that the historic status or designation of any site be determined at the time an application for a discretionary action is deemed complete;
3. Design Standards. Prohibits imposing or enforcing non-objective design review standards established after January 1, 2020;
4. Time Limits. Shortens required permit review timeframes and limits the number of public hearings for housing projects that meet all applicable objective zoning standards;
DPR 72-2024
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May 16, 2024
5. Downzoning Restrictions. Prohibits legislative actions that reduce total zoned capacity for housing (i.e. "downzoning") in the City and clarifies the circumstances under which Housing Development Projects may have their density reduced under the Housing Accountability Act;
6. Housing Loss. Prohibits approval of a Housing Development Project that results in a net loss of housing units; and
7. Protected Units and Tenant Protections. Creates new housing replacements, eviction protections, relocation assistance, and right-of-return requirements.
8. Rezoning Prohibition. Local agencies are prohibited from requiring an applicant to rezone a site if the housing development project is consistent with objective general plan standards and criteria.
As noted above, Government Code Section 65589.5(j)(4) states, “a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan.”
Furthermore, Government Code Section 65589.5(j)(4) states, “If the local agency has complied with paragraph (2), the local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning which is consistent with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.” According to State regulations, the City may only apply applicable development standards to the extent that they accommodate the allowed density for the subject site. If the application of an objective development standard would not accommodate the allowed density for the subject site, the City would be limited from applying that standard.
B. Disapproving Housing Development Projects
In addition, SB330 establishes specific written findings that must be made in order to disapprove a housing development project:
A local agency shall not disapprove a housing development project … unless it makes written findings, based upon a preponderance of t he evidence in the record, as to one of the following:
1. The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the DPR 72-2024
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Development Services Director Hearing
May 16, 2024
housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards.
2. The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and 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 or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.
3. The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.
4. The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
5. The housing development project or emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. For purposes of this section, a change to the DPR 72-2024
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May 16, 2024
zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.
D. Government Code Sections 65915-6518 (Density Bonus)
The State Density Bonus is a state mandate. Any applicant who meets the requirements of the state law is entitled to receive a density bonus and other benefits as a matter of right, these benefits include, incentives/concessions, waiver or reduction of standards, and special parking standards.
The city or county may not require more than the following parking ratios for a density bonus project:
• Studio 1 space
• 1 Bedroom 1 space
• 2 Bedroom 1.5 spaces
• 3 Bedroom 1.5 spaces
IV. Code Compliance
Staff has determined that the proposed site design is in compliance with all applicable and objective design standards, with exception to the concessions/incentives and waive rs and reductions requested by the applicant in conjunction with Density Bonus. The proposed project was reviewed by all City departments and County of Los Angeles Fire Department Land Development Unit as part of the approval of the DPR.
A. PSCP Compliance
A Compliance Summary with a detailed analysis of the project’s compliance with the City Gateway Segment of the PSCP has been provided as a separate exhibit ( Attachment 4). The proposed project is requesting concessions, waivers and reductions, as it only partially meets certain PCSP development standards.
B. State Density Bonus Review
The applicant is proposing to utilize State Density Bonus law by allocating 9 % of the maximum number of units permitted under the General Plan (base density) for very low income residents, grating a 30% density bonus. In order to satisfy this requirement, twenty of the base density units are to be set aside for very low income tenants. The 30 % density bonus would grant an additional sixty -seven units to the base density of two-hundred and twenty-two, for a total of two-hundred and eighty -nine units. To satisfy the City’s Inclusionary Housing Ordinance the project will set aside nine units for moderate income level tenants, in addition to the twenty units for very low income tenants, totalin g 13% of the base density as required for rental units.
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
State Density Bonus law dictates that a City shall grant one or more incentives or concessions to each project which qualifies for density bonus. A concession or incentive is defined as:
• A reduction in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements;
• Approval of mixed use zoning;
• Other regulatory incentives or concessions, which result in identifiable and actual cost reductions.
C. Concessions of Development Standards
The number of required incentives or concessions is based on the percentage of affordable units in the project. Based on the level of affordability proposed by the applicant, the project is eligible to receive two incentives/concessions. The applicant is requesting the following two concessions (Attachment 5):
1. Maximum Height
2. Maximum Building Length
Waivers or Reductions of Development Standards
Should any development standards have the potential to physically prevent the development from being built, the City may waive or reduce said standards to accommodate the development at the request of applicant. In addition, there is no limit for the available number of waivers or reductions that may be requested or granted. The project is requesting the following waivers and reductions:
1. Reduction of Building Massing Requirements along Grove Street
2. Reduction of Side yard Setback
3. Reduction of Frontage Coverage – along Drake Street
4. Reduction of 25% of required Public Open Space and Requirements
5. Reduction of Minimum Carport Dimensions
6. Waiver of Building Orientation to Street/Public Open Space
7. Waiver of Private Frontage Type Requirements
8. Waiver of Front Yard Setback
9. Waiver of Build to Corner Requirement
The requested waivers and reductions are due to the site constraints created by the length and width of the site, the size of the lot, the sewer and utility easements at the rear of the site, the existing cell tower maintained in plac e, and the inclusion of private open space along the frontage of the site.
Reduced Parking Requirements
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
The city or county may not require more than the following parking ratios for a density bonus project:
• Studio 1 space
• 1 Bedroom 1 space
• 2 Bedroom 1.5 spaces
• 3 Bedroom 1.5 spaces
The project provides a total of 409 parking spaces and is required a total of 374 parking spaces per density bonus parking ratios. The project exceeds the minimum number of parking spaces required.
D. General Plan Conformance
The project site is currently designated as Neighborhood Edge in the T4 -B General Plan Transect, which allows for a maximum residential development density of 40 dwelling units per acre. The applicant is requesting a Density Bonus to construct si xty-seven additional dwelling units for a total density of 52.4 dwelling units per acre. The project is consistent with the Neighborhood Edge Place Type and the following goals and policies of the General Plan:
Goal 6D.G.1: “Improve the physical character, economic vitality, and mobility function of the City’s most visible and well-traveled corridors.”
Goal 6D.G.5: “Ensure that new development helps establish an appropriate edge to protect and buffer adjacent stable residential neighborhoods.”
Goal 6D.G.6: “Enhance Landscape buffering, streetscape quality, and pedestrian - friendliness of wider arterial streets to make environments more conductive to residential living and more flattering to the City’s image.”
Policy 6D.P6 : “ Provide incentives to redevelop blighted commercial properties along the corridors. Consider allowing density or intensity bonuses, reduced impact fees or property tax, tax increment financing funds, joint public/private development, or City -funded infrastructure improvements to help support redevelopment;.”
Policy 6D.P21. “ Require developers to provide pedestrian amenities along with new development and focus on connections between parks, transit and surrounding properties.”
E. Environmental Review
The project meets the criteria for a Statutory Exemption pursuant to Section 15182 of the CEQA Guidelines in that the proposed project is consistent with the PCSP EIR adopted in 2014. Therefore, no further environmental review is required.
DPR 72-2024
3101-3191 N. Garey Avenue
Development Services Director Hearing
May 16, 2024
V. Public Communication
The applicant organized a community open house on April 4, 2024 from 6:00PM-7:00PM at the project site, to introduce the project to the surrounding community. The open house provided an overview about the project and featured renderings of the buildings and site plans illustrating the privately owned public open space. Staff was present at the meeting to answer any questions related to the entitlement process and also received positive feedback about the project from the attendees.
A copy of the public hearing notice was sent to the owners and oc cupants of properties within a 1,000-foot radius of the subject site on May 2, 2024 (Attachment 6). As of the date of this report, s taff has received three public comments by email, two not in support of the project due to traffic and parking concerns, and one requesting additional affordable units . (Attachment 7)
Attachments
1. Draft DPR Resolution 24-002
2. Site Photos
3. Proposed Plans
4. PCSP Compliance Summary Table
5. Density Bonus Request Letter by the applicant
6. Proof of Publication & Mailing
7. Public Comment Letters
Submitted by: Prepared by:
Ata Khan Alex Jimenez
Deputy Director Development Services Senior Planner