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CC - (1) Introduction of an Ordinance Approving Zoning Code Map Amendment P2016-0087-ZCMA to Change the Zoning for the Project Site Located at 3434 Wesley Street from Industrial General (IG) to Commercial General (CG); and (2) Adoption of a Resolution Approving a Density Bonus, P2016-0087-DOBI in Order to Allow the Construction of a Proposed Mixed-Use Project Consisting of 15 Residential Units (Including One Very Low Income Unit), 4,364 Square Feet of Commercial Space, and Ground Level Subterranean Parking Totaling 69 Parking Spaces on the Project Site.
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Meeting Date: January 9, 2017
Contact Person/Dept: Peter Sun/Assistant Planner
Thomas Gorham/Planning Manager
Phone Number: (310) 253-5710
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [X] Action Item: [] Attachments: Yes [X] No []
Commission Action Required: Yes [X] No [] Date: 10/26/16
Commission Name: Planning Commission
Public Notification: (E-MAIL) Meetings and Agendas - City Council (01/04/17) (PUBLISH) Culver City News (12/22/16); (POST) City’s Public Notification Web Page (12/16/16); (MAILED) All property owners and occupants within a 500 foot radius on (12/19/16)
Department Approval: Sol Blumenfeld, Director of Community Development (12/27/16)
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RECOMMENDATION:
Staff recommends the City Council, after conducting a public hearing, (1) introduce an ordinance (Attachment No. 1) approving Zoning Code Map Amendment P2016-0087-ZCMA to change the zoning for the Project Site located at 3434 Wesley Street from Industrial General (IG) to Commercial General (CG); and (2) adopt a Resolution (Attachment No. 2) approving Density Bonus, P2016-0087-DOBI in order to allow the construction of a proposed mixed-use project consisting of 15 residential units (including one very low income unit); 14,364 square feet of commercial space; and ground level subterranean parking totaling 69 parking spaces on the Project Site.
PROCEDURE:
1. The Mayor seeks motion to receive and file the affidavit of mailing and posting of public notice.
2. The Mayor calls on staff for a brief staff report and City Council poses questions to staff as desired.
3. The Mayor seeks a motion to declare the public hearing open, providing the applicant the first opportunity to speak, followed by the general public.
4. The Mayor seeks a motion to close the public hearing after all testimony has been presented.
5. The City Council discusses the matter and arrives at its decision.
BACKGROUND:
On May 19, 2016, an application was submitted for a Zoning Code Map Amendment, Density Bonus, Site Plan Review, and Administrative Modification to allow the construction of a five-story, 15-unit mixed use development with 14,364 square feet of commercial space on the ground floor and second floor at 3434 Wesley Street.
The project requires approval of a:
• Site Plan Review (SPR) to allow a 15-unit mixed-use development with 14,364 square feet of commercial space (approved by the Planning Commission on October 26, 2016);
• Administrative Modification (AM) to reduce the width of six parking spaces (approved by the Planning Commission on October 26, 2016);
• Zoning Code Map Amendment (ZCMA) to change the zoning from Industrial General (IG) to Commercial General (CG) (recommended for approval by the Planning Commission on October 26, 2016);
• Density and Other Bonus Incentives (DOBI) to allow an increase of 22.5% (15 total units) from the base of 12 units in return for one covenanted very low income unit among the 15 units proposed to be constructed as per State Density Bonus Law (recommended for approval by the Planning Commission on October 26, 2016).
On October 26, 2016, the Planning Commission, after considering the staff report, the application materials, applicant presentation, and providing for an opportunity for public comment, adopted Resolution No. 2016-P017 (Attachment No. 3) approving Site Plan Review, P2016-0087-SPR; and Administrative Modification, P2016-0087-AM; and recommending the City Council to approve Zoning Code Map Amendment, P2016-0087-ZCMA; and Density Bonus P2016-0087-DOBI. No appeals were filed on the SPR and AM resulting in the Planning Commission decisions on those items becoming final. Tonight, the City Council is requested to act only on ZCMA and DOBI. Please see Attachment Nos. 4 through 6 (Planning Commission Staff Report, Preliminary Development Plans, Planning Commission Minutes) for a detailed review of the Project.
ANALYSIS:
Zoning Code Map Amendment
The project requires a Zoning Code Map Amendment to change the zoning on the subject site from Industrial General (IG) to Commercial General (CG). The zone change to CG will be consistent with the site’s General Plan land use designation of General Corridor. Culver City Municipal Code, Title 17 - Zoning (Zoning Code), Chapter 17.200 explains the relationship of the Zoning Map and General Plan and states that the Zoning Map shall implement the General Plan. In order to implement the General Plan land use designation for the subject property, the zoning of the subject site should be changed to CG. In addition, the zone change will allow the proposed mixed use development which pursuant to Zoning Code Sections 17.220.015 and 17.230.015, is permitted in the CG zone but not the IG zone.
The Zoning Code Map Amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The zone change to CG will allow the proposed mixed use development and will be consistent with uses in the vicinity of the project site. Many of the former industrial, manufacturing and auto related uses in the neighborhood have changed over the past 10 years with the City’s TOD land use goals for the area including the promotion of mixed use and higher residential density around the Expo line station in order to address local and region wide sustainability, transit and air quality goals. These adjacent uses include an architectural design office at 3440 Wesley Street to the south on the site of a former auto body shop; and creative office uses at 3431 Wesley Street across the street in a former manufacturing building; as well as the Access Culver City project, a new mixed-use development of 115 units with ground floor retail and commercial uses at 8770 Washington Boulevard on the site of a former lumber supply company. In addition, other properties in the vicinity are being planned for change of uses from industrial and auto related uses to residential, office, and retail uses.
The project site is physically suitable for a mixed-use development consistent with the CG zoning designation. The project site is 15,000 square feet in area, and has 100 feet of street frontage at the front of the lot. The applicant will provide all utilities as part of the project and any street and sidewalk repairs as required by the Public Works Department. Although the project site presents challenges due to limited street frontage, it meets the requirements for a mixed-use project by having a minimum lot width of 100 feet for a lot over 10,000 square feet.
Density Bonus
The City Council has expressed interest in increasing the number of affordable housing units in the City and particularly in the Transit Oriented Development (TOD) District. Zoning Code Chapter 17.580 (Density Bonus and Other Bonus Incentives) implements the requirements of the State Density Bonus Law (Government Code Sections 65915 through 65918) (Zoning Code Chapter 17.580 and Government Code Sections 65915 through 65918 are collectively referred to as “Density Bonus Law”). Therefore, under a DOBI application, a developer can increase the base density for a housing development provided the development reserves for 55 years a certain percentage of the units for moderate to low income households. In addition, a developer can ask for concessions, or relief from development standards such as height, setbacks, and parking, if such standards prevent the ability to provide the affordable units within the development. The City cannot deny a concessions request as part of the DOBI if it is clear that such concessions are needed to provide for the project’s affordable housing costs. The number of concessions and the density increase that can be granted are based on a sliding scale of percentage of units devoted to affordability and the percentage density increase. All calculations in a DOBI application are rounded up to the next whole number.
It is important to note that the density increase and the concessions are provided per the Density Bonus Law as an incentive for developers to provide affordable housing. With the dissolution of redevelopment agencies, several mechanisms that cities once had, including direct funding for construction of affordable housing, have been eliminated. The Density Bonus Law is one method by which market housing developers can provide affordable housing within an otherwise market rate development, even if such housing is only a small percentage of the development in question.
The project’s base density per the Zoning Code is 35 dwelling units per acre or one unit per 1,245 square feet of lot area; the project site is 15,000 square feet. This equates to 15,000 square feet X (1 Unit/1,245 square feet) = 12 units. Based on the Density Bonus Law, an applicant must be granted a 22.5% density increase if they reserve at least 6% of the total base density units for very low income households. The income categories for affordable housing include extremely low income, very low income, low income, and moderate income. Housing sold or rented at the market rate is considered above moderate. Every year the State of California’s Department of Housing and Community Development (HCD) establishes for every California County the income level criteria for extremely low income, very low income, low income, and moderate income levels.
The project applicant is requesting a density increase of 22.5% (22.5% X 12 = 2.7). The Density Bonus Law requires that fractional remainders in density calculations be rounded up resulting in a density increase of 3 units. At least 6% of the 12 units must be made affordable to very low income households or individuals. This equates to 6 X 12 = 0.72 or one unit. The project will result in 15 units with one of those 15 units covenanted for 55 years for very low income individuals or households.
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA) guidelines, a Categorical Exemption Class 32 “In-fill Development Projects” (Section 15332) was adopted by the Planning Commission on October 26, 2016, which determined that the project will not have a significant adverse impact on the environment.
The project is consistent with the General Plan and General Corridor Land Use Designation, which is intended to support desirable existing and future neighborhood and community serving commercial uses, and limited medium-density housing opportunities compatible with adjacent neighborhoods. With approval of the Zoning Code Map Amendment, the project would also comply with the standards of development of the CG zone, which appropriately implements the General Corridor Designation.
The project occurs within City limits and on a project site of 0.34 acres, no more than 5 acres, and is substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare, or threatened species. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
The proposed project can be accommodated by existing and planned infrastructure. The City Traffic Engineer has reviewed the project and determined that based on the square footage of the proposed project, there is less than significant impact to the traffic and no traffic study is required. All other utilities and infrastructure are to be improved by the applicant.
CONCLUSION:
Approval of a Zoning Code Map Amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The zone change from IG to CG will allow the proposed mixed use development and will be consistent with uses in the vicinity of the project site. The zone change will be consistent with the General Plan land use designation of General Corridor and therefore implement the General Plan.
State Density Bonus Law allows the project to increase density form 12 units to 15 units in exchange for one very low income unit. The affordable unit will be covenanted for 55 years for very low income individuals or households and will be in compliance with State Density Bonus Law as well as the City’s Density Bonus regulations.
Staff believes the findings for a Zoning Code Map Amendment, P2016-0087-ZCMA and Density and Other Bonus Incentives, P2016-0087-DOBI, can be made as outlined in the proposed ordinance and the proposed resolution and recommends Project approval.
FISCAL IMPACT:
There is no fiscal impact associated with introduction of the proposed ordinance or the adoption of the proposed resolution.
ATTACHMENTS:
1) Proposed Ordinance approving Zoning Code Map Amendment P2016-0087-ZCMA
2) Proposed Resolution approving Density Bonus, P2016-0087-DOBI
3) Planning Commission Resolution No. 2016-P017 with Exhibit A - Conditions of Approval
4) October 26, 2016 Planning Commission Staff Report (without attachments)
5) Planning Commission Approved Plans dated October 12, 2016
6) October 26, 2016 Planning Commission Minutes
RECOMMENDED MOTION(S):
That the City Council:
1. Introduce an ordinance approving Zoning Code Map Amendment P2016-0087-ZCMA to change the zoning for the Project Site located at 3434 Wesley Street from Industrial General (IG) to Commercial General (CG); and
2. Adopt a Resolution approving Density Bonus, P2016-0087-DOBI in order to allow the construction of a proposed mixed-use project consisting of 15 residential units (including one very low income unit at 3434 Wesley Avenue.