2.3.050 T5 Neighborhood (T5N 40/60 and T5N 50/70)
E. Building Form and Maximum Envelope
Height Base Height Bonus'
Overall Building Height23,4
T5N 40/60 and T5N 40/60 Open 40' max. 60' max. K
TSN 50/70 and T5N 50/70 Open 50' max. 70' max. R
Code 65915(f) (2) 50% Density Bonus for 15% very low income units Code 65915(v) (2) 50% Density Bonus for 15% moderate-income units Stacked is 100% Density Bonus
Waiver for height limit and doubling units should double the height.
So 50' would become 100', not 180' as in the project bonus plan shown on subsequent pages.
Written by Richard Falk Page 1 of 7
Base has 50' roof CPERTYLN PROPERTY LNE
• MEDIAN AT N CORNER
Bonus has 176'9" roof (and 191'9" mech.)
Base has 2 below ground parking floors. ROOF :MEP
Bonus has 2-3 above ground parking floors. RESIDENTIAL
RESADENTIAL
Base has 4-5 residential floors.
RESIOENTAL
Bonus has 12-13 residential floors.
RESIDENTIAL
RESIDENTIAL
Base has 10' commercial floor to ceiling.
RESIDENTIAL
Bonus has 19' commercial floor to ceiling.
RESIDENTIAL
Base has 9' residential floor to floor. RESIDENTIAL
Bonus has mostly 10' residential floor to floor. RESIDENTIAL
RESIDENTIAL
HANSARD ROOF ALLOWED N RESIDENTIAL
LEU OF STEPBACK PER
PROPEL -PRECISE PLAN 23 050 E
RESIDENTIAL
RESDENTIAL
RESIDENTIAL
RESDENTAL PARKING 9-0°
11° OVERALL BUILDING HEIGHT
RESDENTAL COURYARD RESDENTAL PARKING
RESDENTAL RESDENTAL
COMMERCIAL -8530
SECOND SECOND: 10-6
BOAROWALK RESI PARKING S RESI COMMERCAL
LOADNG STREET
PARKING
SAMAL
RESDENTAL FISH FLOOR
CANAL IS +1FT MN ABOVE EXISTING
PARKING SIDEWALK LEVEL PER
•STOOP FRONTAGE PE
OSR PRECISE PLAN 3106
O BLDE SECTION -NS @ COMMERCIAL
BASE PROJECT BUILDING SECTION
1/16 = 1-0°
Written by Richard Falk Page 2 of 7
RESIDENTIAL SECOND STREET BELOW
SETBACK REQUIREC
22,695 SF
LINE THAT ABUTS A
PROPERTY THAT
2B DOES NOT CONTAIN
1280 SF A RESIDENTIAL USE
PER GOVT. CODE
28 65912.123(d)(3X(B)
1350 SF
ST
700 SF 1175 SF
2B
ST 1570SF
700 SF
OFF RAMP / IRWIN STREET BELOW 825F
1B
975 SF 18 OPEN
675 SF COURT
500 Tr
258F
8505 F
1B ST
FLOORS 2-5 800 SF 885 SF
CANTILEVER OVER
PEDESTRIAN ACCESS
EASEMENT BELOW
SAN RAFAEL CREEK BELOW
® BASE PROJECT TYPICAL LEVELS 24
= 30-0°
Base has 22 units per floor.
Bonus has 14-18 units per floor.
Base has 22,695 sq. ft. per floor.
Bonus has 13,365 - 15,175 sq. ft. per floor.
(sum of individual sq. ft. of units does not match totals) Written by Richard Falk Page 3 of 7
Code 65915(o) (6) states:
(6) "Maximum allowable residential density" or "base density" means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units by:
(A) Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open-space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards. (B) Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
BOTTOM LINE: Form-based code uses a base density study that must match the proposed project (bonus study) details except for the waiver of height. Therefore, doubling the density should double the height.
APPEAL TO EXTREMES: One floor per unit and one floor per parking for each unit would result in 400 floors! The application is not following the law which results in their excessive 180' height result.
Written by Richard Falk Page 4 of 7
FLAWED CONCESSION ARGUMENTS
#1: "Slightly larger market rate units will help the Project subsidize the lower rents of the affordable units, furthering the affordable housing opportunities within the Project. The unit sizes proposed will result in "identifiable and actual cost reductions to provide for affordable housing costs." (Govt. Code $ 65915(k).)"
#2: "The 3-bedroom and penthouse units (a mix of 2 and 3 bedroom units) and the higher proportion of market rate units situated in the top 1/3 of the Project help subsidize the lower rents of affordable units, furthering the affordable housing opportunities within the Project. Concentrating the affordable units on floors 5-11 and not providing 3-bedroom or penthouse affordable units will result in "identifiable and actual cost reductions to provide for affordable housing costs." (Govt. Code S 65915(k).)"
Market rate, price, value, revenue, income and profit to subsidize are not the same as cost.
Code 65915(d) (A) states the concession is to be granted unless based upon substantial evidence:
"(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c)."
Schreiber v. City of Los Angeles, 69 Cal. App. 5th 549 (2021).
The City could only reject the request if it could find that the incentive would not result in a cost reduction. The court did note, however, that while the city could not require the developer to demonstrate the incentive was needed to make the project economically feasibility, it could ask for information related to how the incentive would lead to cost reductions.
Written by Richard Falk Page 5 of 7
CALIFORNIA ARCHITECTS BOARD
RULES OF PROFESSIONAL CONDUCT
A violation of any rule of professional conduct in the practice of architecture constitutes a ground for disciplinary action. Every person who holds a license issued by the Board shall comply with the following:
(a) Competence:
(2) In designing a project, an architect shall have knowledge of all applicable building laws, codes, and regulations. An architect may obtain the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the intent and meaning of such laws, codes, and regulations and shall not knowingly design a project in violation of such laws, codes and regulations.
THE STATE BAR OF CALIFORNIA
RULES OF PROFESSIONAL CONDUCT
Rule 1.1 Competence
(a) A lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal services with competence.
Rule 4.1 Truthfulness in Statements to Others
In the course of representing a client a lawyer shall not knowingly:
(a) make a false statement of material fact or law to a third person; Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(c) engage in conduct involving dishonesty, fraud, deceit, or reckless or intentional misrepresentation; Written by Richard Falk Page 6 of 7
i Shadowmap THURTS AVENUE
Q VISUALIZE ANALYSE OF
AUREL P 12:41000000
15911 Upered
1174 77 73272
1241
7331
HIRD
NOTE: This is during winter
-LOOTENIS PLACE
60 feet height
GIJOS ST:
LINCOLN-
120 feet height
LOOTE*
120 feet height
LINCOLNS
Written by Richard Falk Page 7 of 7