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12 <br /> <br />building on top of the inadequate soil - it still needs to be excavated, analyzed and <br />properly compacted, as stated in the appellant’s March 5th letter. <br /> <br />City’s Response: <br />The applicant submitted an updated soils report based on the current proposal. The <br />geotechnical engineer recommends using a deep foundation system due to the <br />presence of compressible liquefiable soils. The report further describes construction of <br />this foundation system and states that it generates very low volumes of spoils, produces <br />low noise, and no vibrations. In addition, the report recommends evacuation and <br />evaluation of the soils but at 24 inches below subgrade elevation below the perimeter <br />fire lane and driveways which should extend 5 feet beyond the curb line, as determined <br />in the field by the geotechnical engineer. <br />Appellant’s Contention: <br />BNI also objects to the allowances for (1) seven story height, (2) parking above-grade <br />that is taller than allowed by zoning, and (3) the lower parking ratios. Under the zoning <br />code, the incentives granted cannot have a specific adverse impact on the physical <br />environment, and the appellant believes that they do have such an impact as it relates <br />to traffic and limited parking. <br /> <br />City’s Response: <br />The State Density Bonus (SDB) law and the City’s Density Bonus regulations allow an <br />applicant to request concessions or waive certain development standards if needed to <br />develop the project. Under the SDB law, the granting of additional density, lower parking <br />ratios, and incentives/concessions/waivers are not discretionary approvals and not <br />subject to CEQA. In other words, local jurisdictions cannot consider these to be <br />inconsistent with local zoning standards if they meet the state density bonus law <br />provisions. <br /> <br />Since the applicant proposed 5% of the units as affordable at the very low income level, <br />they were eligible for a 20% density bonus and one (1) concession pursuant to SDB. <br />Accordingly, the applicant requested a concession to increase the building height from <br />the maximum of 60 ft. and 5 stories over 1 level of parking per the North Main Street <br />Precise Plan to a maximum of 82 ft. and 5 stories over 2 levels of parking. <br /> <br />SDB law also allows the developer to use a reduced parking ratio, by right, as described <br />below. The proposal exceeded these parking ratios providing 182 where 178 were <br />required. <br />· 1 space for each studio/1 bedroom unit <br />· 2 spaces for each 2-3 bedroom unit <br />· 2.5 spaces for each 4 or more bedroom unit <br /> <br /> <br />7.B. - Page 12