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7 <br /> <br />the project cannot provide residential parking below grade and must design the <br />structured parking in a manner that would allow flood waters to flow through the <br />structure. Similar to the adjacent residential development, 333 Main Street (Township <br />Apartments), the subject project is proposing to construct podium parking that provides <br />the required grade and building openings so that flood waters would not be impeded. <br />Standard II.II.E.1 also allows garages to extend up to 10 feet above grade when <br />aesthetics impacts are minimized. The project proposed structured parking 22.2 feet <br />above grade. Therefore, the project exceeds the 10 foot above grade limit by 12.2 feet. <br />The applicant requested a waiver from this standard pursuant to SDB law. <br /> <br />The SDB law and the City’s Density Bonus regulations allow an applicant to request <br />concessions or waive certain development standards if needed to develop the project. <br />The applicant’s requests pursuant to the SDB law can be found here. Under the SDB <br />law, the granting of additional density, lower parking ratios, and <br />incentives/concessions/waivers are not discretionary approvals and not subject to <br />CEQA. In other words, local jurisdictions cannot consider these to be inconsistent with <br />local zoning standards if they meet the state density bonus law provisions. <br /> <br />Architectural Advisory Committee <br />The Architectural Advisory Committee (AAC) reviewed the project on September 7, <br />2017, and continued the item with direction to enhance the main entry with greater <br />architectural expression, strengthen the building cap, modify the stair tower, and revise <br />the seating at the creek overlook. AAC reviewed the revised project on October 19, <br />2017 and unanimously recommended that the Planning Commission approve the <br />project as revised; however asked that project details relating to the building entry, <br />materials, and base cap return on consent calendar. The applicant returned to AAC on <br />the November 30, 2017 consent calendar and was found to sufficiently respond to the <br />AAC’s direction. <br /> <br />Planned Community Permit <br />All proposed new development within the precise plan area requires a Planned <br />Community Permit. As described in Zoning Code Article 47 (Planned Community <br />Permits) the Planning Commission shall evaluate PC permits based on the following <br />findings: <br /> <br />A. The application implements the adopted Precise Plan; and <br />B. The establishment, maintenance or operation of the use will not, under the <br />circumstances of the particular case, be detrimental to the public health, <br />safety, or welfare of persons residing or working in the neighborhood of the <br />proposed use, or the property and improvements in the neighborhood, or the <br />City. <br /> <br />The proposed project meets the above findings in that it is consistent with and conforms <br />to the intent the NMPP. The project would carry out the key development goals for the <br />Precise Plan, including extending the creek side trail and associated public amenities, <br />which would one day link the Downtown to the Bayfront, incorporating an infill <br />7.B. - Page 7