APPEAL OF planning commission decision1707 N. Towne avenue Development Plan Review (DPR-021499-2023)
Tentative Tract Map (TRACTMAP-021501-2023)
Applicant: RC Homes, Inc.
Summary of the Request
Summary of the Request
Redevelop a 1.9 acre site
Summary of the Request
Redevelop a 1.9 acre site
45 Townhomes
Summary of the Request
Redevelop a 1.9 acre site
45 Townhomes
For-sale Condominiums
Previously considered for rental
SUBJECT SITE
N
Vicinity Map
District 4
San Bernardino Ave
Residential
Neighborhood
Towne Ave
San Antonio Ave
N
Aerial View
NWC Towne Ave. & San Bernardino
Residential
Neighborhood
N
Aerial View
NWC Towne Ave. & San Bernardino
Overview of the Project Plans
Primary Access Driveway
EV Access
Only
1 2
4 3
5 6
7 8
N
Vehicular Entry Access
Private
Drives
Primary
Drive Aisle
Private
Drives
Private
Drives
1 2
4 3
5 6
7 8
N
Vehicular Interior Access
Pedestrian Gate
Pedestrian Gate
Pedestrian Gate
Pedestrian Gate
6 1
Direct Entry to 7 Units
2 4
3 5
7 8
Direct Entry to 4 Units
N
Pedestrian Access
N
Pedestrian POT
Pedestrian
POT
Pedestrian
POT
Pedestrian
POT
1 2
4 3
5 6
7 8
Pedestrian Path of Travel
1 2
4 3
5 6
7 8
Paseos
Paseos
Common Open Space
N
Building Configuration
N
Building Types & Unit Mix
Building No.
1-5
6-7
8 Building Type
7-plex
4-plex
2-plex
N
Building Types & Unit Mix
Building No.
1-5
6-7
8 Building Type
7-plex
4-plex
2-plex
Plan Type
Qty.
Area (sf)
Beds
Bath
Plan 1 & 2
21 1,274 to 1,583
3 2.5
Plan 2 ADA
5 1,554
3 2
Plan 3
19 1,696
4 3.5
Elevations
Elevations
Elevations
N
Common Open Space
Private Open Space
Private Open Space
N
Landscaping
6-ft Ped. Gate
6-ft Sliding Gate
3-ft Steel Fence
6-ft Block Wall
8-ft Sound Wall
6-ft Steel Fence
N
Fencing & Walls
Applicable Regulations + Compliance
Applicable Regulations + Compliance
SB330 Overlay + R-3
A Development Plan Review (DPR) is required for new residential development of 5 or more units.
Applicable Regulations + Compliance
SB330 Overlay + R-3
A Development Plan Review (DPR) is required for new residential development of 5 or more units. *
Applicable Regulations + Compliance
SB330 Overlay + R-3
A Development Plan Review (DPR) is required for new residential development of 5 or more units.
Subdivision Map Act + Subdivision Ordinance
Tentative Tract Map for Condo purposes
*
Applicable Regulations + Compliance
SB330 Overlay + R-3
A Development Plan Review (DPR) is required for new residential development of 5 or more units.
Subdivision Map Act + Subdivision Ordinance
Tentative Tract Map for Condo purposes
*
Applicable Regulations + Compliance
SB330 Overlay + R-3
A Development Plan Review (DPR) is required for new residential development of 5 or more units.
Subdivision Map Act + Subdivision Ordinance
Tentative Tract Map for Condo purposes
Inclusionary Housing Ordinance
Conditioned to pay in-lieu fee or provide set aside units 5 total units at moderate income IF units set aside
*
Applicable Regulations + Compliance
SB330 Overlay + R-3
A Development Plan Review (DPR) is required for new residential development of 5 or more units.
Subdivision Map Act + Subdivision Ordinance
Tentative Tract Map for Condo purposes
Inclusionary Housing Ordinance
Conditioned to pay in-lieu fee or provide set aside units 5 total units at moderate income IF units set aside
*
Applicable Regulations + Compliance (cont.)
General Plan
Urban Neighborhood Place Type
Activity Center Place Type
T4-A + T5 Transect
70-80DU/AC + 4-6 floors
Applicable Regulations + Compliance (cont.)
General Plan
Urban Neighborhood Place Type
Activity Center Place Type
T4-A + T5 Transect
70-80DU/AC + 4-6 floors
Applicable Regulations + Compliance (cont.)
General Plan
Urban Neighborhood Place Type
Activity Center Place Type
T4-A + T5 Transect
70-80DU/AC + 4-6 floors
Housing Accountability Act of 2019 (as amended)
Rezoning prohibitions
Limitations on apply objective development standards
Applicable Regulations + Compliance (cont.)
General Plan
Urban Neighborhood Place Type
Activity Center Place Type
T4-A + T5 Transect
70-80DU/AC + 4-6 floors
Housing Accountability Act of 2019 (as amended)
Rezoning prohibitions
Limitations on apply objective development standards
SB330 Relief for R-3 Standards
Development Standards
Zoning Code Requirements
Proposed Project
Compliance Determination
Front Yard
25’ min.
12'
Yes, w/SB330 relief
Side Yard
15' min.
3'-5"
Yes, w/SB330 relief
Rear Yard
25'-8" min.
6'-4"
Yes, w/SB330 relief
SB330 Relief for R-3 Standards
Development Standards
Zoning Code Requirements
Proposed Project
Compliance Determination
Front Yard
25’ min.
12'
Yes, w/SB330 relief
Side Yard
15' min.
3'-5"
Yes, w/SB330 relief
Rear Yard
25'-8" min.
6'-4"
Yes, w/SB330 relief
Building Height
2 floors max.
3 floors
32’-0”
Yes, GP allows up to 4-6 floors; superseded per SB 330
SB330 Relief for R-3 Standards
Development Standards
Zoning Code Requirements
Proposed Project
Compliance Determination
Front Yard
25’ min.
12'
Yes, w/SB330 relief
Side Yard
15' min.
3'-5"
Yes, w/SB330 relief
Rear Yard
25'-8" min.
6'-4"
Yes, w/SB330 relief
Building Height
2 floors max.
3 floors
32’-0”
Yes, GP allows up to 4-6 floors; superseded per SB 330
Common Open Space
24,500 s.f.
15,721 s.f.
Yes, w/SB330 relief
Private Open Space
70 s.f. per unit
76.25 s.f. to 84 s.f. per unit
Yes, w/SB330 relief
SB330 Relief for R-3 Standards
Development Standards
Zoning Code Requirements
Proposed Project
Compliance Determination
Front Yard
25’ min.
12'
Yes, w/SB330 relief
Side Yard
15' min.
3'-5"
Yes, w/SB330 relief
Rear Yard
25'-8" min.
6'-4"
Yes, w/SB330 relief
Building Height
2 floors max.
3 floors
32’-0”
Yes, GP allows up to 4-6 floors; superseded per SB 330
Common Open Space
24,500 s.f.
15,721 s.f.
Yes, w/SB330 relief
Private Open Space
70 s.f. per unit
76.25 s.f. to 84 s.f. per unit
Yes, w/SB330 relief
Parking
134 spaces
102 spaces
(90 std. + 12 guest)
Yes, w/SB330 relief
SB 330, Housing Crisis Act of 2019
SB 330, Housing Crisis Act of 2019
Disapproving Projects
SB 330, Housing Crisis Act of 2019
Disapproving Projects
Can housing projects be disapproved?
SB 330, Housing Crisis Act of 2019
Disapproving Projects
Can housing projects be disapproved? Yes
SB 330, Housing Crisis Act of 2019
Disapproving Projects
Can housing projects be disapproved? Yes, but…
SB 330, Housing Crisis Act of 2019
Disapproving Projects
Can housing projects be disapproved? Yes, but…
Findings must be made, using a high preponderance of evidence Specific, adverse impact upon the public health or safety
SB 330, Housing Crisis Act of 2019
Disapproving Projects
Can housing projects be disapproved? Yes, but…
Findings must be made, using a high preponderance of evidence Specific, adverse impact upon the public health or safety 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
SB 330, Housing Crisis Act of 2019
Disapproving Projects
Can housing projects be disapproved? Yes, but…
Findings must be made, using a high preponderance of evidence Specific, adverse impact upon the public health or safety 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
THIS IS A HIGH LEGAL BAR ESTABLISHED BY THE STATE
SB 330, Housing Crisis Act of 2019
Disapproving Projects
What if a project is disapproved without findings?
SB 330, Housing Crisis Act of 2019
Disapproving Projects
What if a project is disapproved without findings?
Open to litigation from the applicant
Open to litigation from the Attorney General’s Office
Housing Accountability Unit
Subject to attorney's fees for plaintiff and defense
Subject to fines of $10,000 minimum per unit
Public Correspondence
In-person meetings
Public Correspondence
In-person meetings
Community meeting 4/20
Public Correspondence
In-person meetings
Community meeting 4/20
Modifications made in response to community feedback
Public Correspondence
In-person meetings
Community meeting 4/20
Modifications made in response to community feedback
Increased the front yard setback from 5’ to 12’
Additional architectural details added
Public Noticing
All public noticing was completed as required by law.
1,000-foot radius (voluntary)
400-foot radius (typical)
Attendees of the 4/20 community meeting
Environmental Analysis
Staff has determined that the proposed project meets the criteria for an exemption Section 15183 – Projects Consistent with a Community Plan, General Plan or Zoning Therefore, no further environmental review is required
Recommendation
Adopt CC Resolution 24-134 and 24-135
Recommendation
Adopt CC Resolution 24-134 and 24-135
OR
Recommendation
Adopt CC Resolution 24-134 and 24-135
OR
Adopt CC Resolution 24-134 and 24-135 with additional conditions:
Recommendation
Adopt CC Resolution 24-134 and 24-135
OR
Adopt CC Resolution 24-134 and 24-135 with additional conditions:
Add 1 speed hump/cushion @ San Bernardino Ave
Add up to 4 speed humps/cushions @ Palomares St
Add an additional Public Works Department condition of approval that shall read:
Speed Radar Signs.
Prior to the issuance of a certificate of occupancy, the Applicant/Developer shall pay a fee of $20,000 that shall be used for the installation of two (2) speed radar sings along Palomares St. between San Bernardino Ave. and McKinley Ave.