Report to Mayor and City Council
Tuesday, March 05, 2019
Special Orders of the Day
SUBJECT:
Title
A PUBLIC HEARING TO CONSIDER: (1) INTRODUCTION OF ORDINANCE NO. 19-1925 OF THE CITY COUNCIL OF THE CITY OF CARSON TO APPROVE ZONE CHANGE NO. 178-17, BIRCH SPECIFIC PLAN NO. 15-17, MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM; AND (2) ADOPT RESOLUTION NO. 19-054 OF THE CITY COUNCIL OF THE CITY OF CARSON TO ADOPT GENERAL PLAN AMENDMENT NO. 100-17, FOR THE CONSTRUCTION A FOUR STORY, 32-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT ON A 0.78 ACRE SITE LOCATED AT 21809-21811 S. FIGUEROA STREET
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I. SUMMARY
This project proposes to construct 32 residential condominium units on S. Figueroa Street. The attached proposed ordinance would approve a new Specific Plan, the “Birch Specific Plan,” and an associated zone change to change the zoning of the Specific Plan area from RM-18-D (Residential, Multifamily - 18 dwelling units per acre - Design Overlay) to Birch Specific Plan, to change the zoning to 41 dwelling units per acre for the 0.78 acre parcel, as well as a mitigated negative declaration and mitigation monitoring and reporting program.
The implementation of the proposed project also requires approval of a General Plan Amendment to change the existing land use designation from High Density Residential to Urban Residential. The current General Plan land use designation allows up to 20 units for this site. State law requires general plan amendments to be made by resolution. The attached proposed resolution would adopt the general plan amendment.
In approving the project, the Planning Commission (Commission) felt that in exchange for increasing the number of units by 12, the project should participate in a community benefit program fee that includes a $63,000 contribution to the City (see condition of approval number 19 to attached proposed ordinance). The Commission did not define what this amount should be used for. The amount is in addition to the amenities that the project is proposing such as public open space including a bench and bike racks and an art feature. This community benefit program fee is in addition to the customary payment of Development Impact Fees and participation in the Community Facilities District which are based on the total number of units for the project. This program is based on the principle that in exchange for allowing an increase in development intensity, the City and the community at large should receive community benefits. The Commission’s discussion of the community benefit program started with a requirement of providing “Workforce Housing” and evolved into the $63,000 fee. The applicant agreed at the Commission hearing to pay the community benefit program fee, even though the fee is not required by the Municipal Code and/or the General Plan. During the second of the three Commission hearings, the Commission considered a motion for the City Council to consider adopting a density bonus program that includes community benefits amenities in direct proportion to the requested density increase as a policy and program. Examples of other cities with codified density bonus programs include cites of Culver City, South Gate, West Hollywood, and Emeryville.
II. RECOMMENDATION
Recommendation
TAKE the following actions:
1. OPEN the public hearing, TAKE public testimony, CLOSE the public hearing.
2. WAIVE further reading and INTRODUCE Ordinance No. 19-1925, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON ADOPTING THE BIRCH SPECIFIC PLAN NO. 15-17, ZONE CHANGE NO. 178-17, MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CONSTRUCTION OF A 32-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT ON A 0.78 ACRE SITE LOCATED AT 21809-21811 S. FIGUEROA STREET.”
3. WAIVE further reading and ADOPT Resolution No. 19-054, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. 100-17.
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III. ALTERNATIVES
TAKE such other action as the City Council deems appropriate, consistent with the requirements of the law.
IV. BACKGROUND
Planning Commission Action
The Commission held hearings on November 13, 2018, December 11, 2018, and February 12, 2019. On February 12, 2019, the Commission approved Design Overlay Review (DOR) 1661-17, Conditional Use Permit (CUP) No. 1023-17, and Tentative Tract Map (TTM) No. 76070-17 for the construction of a 32-unit residential condominium development located at 21809-21811 S. Figueroa Street (Exhibit Nos. 2, 4, and 5). In addition, the Commission recommended approval of General Plan Amendment No. 100-17, Zone Change No. 178-17, Specific Plan No. 15-17 (Exhibit No. 1), and the Mitigated Negative Declaration to the City Council (Exhibit No. 3). The Commission’s decision approving Design Overlay Review 1661-17, Conditional Use Permit (CUP) No. 1023-17, and Tentative Tract Map (TTM) No. 76070-17 is contingent upon City Council approval of General Plan Amendment No. 100-17, Zone Change No. 178-17, Specific Plan No. 15-17, and the Mitigated Negative Declaration. If the City Council makes substantial changes to the requests subject to this staff report, the Commission may have to reconsider their approval.
Existing Setting
The project area largely contains single and two-story, multi-family residential uses and neighborhood serving commercial uses. The project site is located approximately 400 feet south of the Carson Street corridor. In the past several years, the Carson Street corridor (between I-405 and I-110) has been transitioning into a more “urban” development with higher density residential units and mixed use development. This transition has created the first steps for a more pedestrian friendly and transit-oriented environment. Staff has received positive feedback from the community on the developments along the Carson Street Corridor.
The Silver Line transit stop at Carson Street and I-110 provides convenient express bus service to downtown LA. Furthermore, Los Angeles Board of Supervisors is considering West Carson Specific Plan (located west of I-110 along Carson Street) which also encourages high density mixed use developments to create an “urban” environment including a proposal to allow a mixed-use transit oriented development that would allow up to 70 residential dwelling units per acre in proximity to the transit station. Due to the proximity of the project site to the Carson Street corridor and future West Carson Specific Plan (County), residents of the proposed project would be able to access the mixed-use district via local sidewalks, promoting pedestrian-oriented and transit-oriented development.
Density
The project is proposing 32 units with a density of 41 dwelling units per acre. The current General Plan land use designation allows up to 25 dwelling units per acre which would allow 20 units for this site. The proposed density increase aligns with the one of the 2040 General Plan Update Land Use alternatives which envisions this area as Downtown High Density Mixed-Use land use designation. Downtown High Density Mixed-Use is consistent with the adjacent Carson Street Mixed Use Corridor because it proposes to include a variety of similar uses as such as residential, small-scale businesses, offices, retail, services, and other commercial uses generally with a total site Floor Area Ratio (FAR) of between 1.0 and 3.0. This FAR will result in similar or higher densities than the proposed project. The designation also proposes development will be designed to be pedestrian-oriented creating ground floor activation.
Furthermore, the applicant is proposing to construct this project as a market rate project without the financial assistance from the Carson Housing Authority. Most previously approved projects along Carson Street have received financial assistance from the former redevelopment agency. Staff has advised the applicant that density limits may be exceeded through the use of a Specific Plan for projects that advance the goals of the City. Although not required by municipal code or adopted policy, the Planning Commission felt that in exchange for increasing the number of units by 12 units, the project should participate in a community benefit program fee.
Community Benefit Program Fee
The Union South Bay project approved by Council in 2015 requested a residential density bonus and was conditioned to provide a community benefit program fee in the amount of $250,000. In addition, the applicant will be providing an art feature valued at $200,000 within their public plaza. The community benefit program fee contribution from the Union South Bay project was approximately $3,000 per unit for the increased density over the base Mixed-Use Carson Street (MU-CS) zone. The Commission made an assumption that the residential units in Union South Bay are smaller than the proposed units for the Birch project; therefore, the Commission requested that the applicant pay a fee similar to the Union South Bay project with a multiplying factor of 1.75 which equals $5,250 per additional unit for a total of $63,000. The applicant agreed at the Commission hearing to pay this fee for the additional 12 units over the standard density allowed.
V. FISCAL IMPACT
The applicant has entered into a Development Impact Fee (DIF)/Community Facilities District (CFD) agreement to annex into the CFD No. 2018-01 as well the payment of the Development Impact Fee (DIF). The annual CFD obligation of the project is $20,045.84 ($626.43 per unit per year). The DIF obligation of the project is a one-time payment of $320,000.00 ($10,000 per unit).
VI. EXHIBITS
1. City Council Ordinance No. 19-1925 - Specific Plan, Zone Change, and Mitigated Negative Declaration and Mitigation Monitoring Reporting Program (pgs. 6-70)
2. City Council Resolution No. 19-054 - Resolution Adopting General Plan Amendment No. 100-17 (pgs.71-88)
3. Planning Commission Resolution No. 19-2663 - DOR, CUP, TTM (contingently approved by Planning Commission) (pgs. 89-143)
4. Final Mitigated Negative Declaration (the complete Draft Mitigated Negative Declaration can be found:
<http://ci.carson.ca.us/content/files/pdfs/planning/docs/projects/Birch/MND.pdf> (pgs. 144-191)
5. Planning Commission Staff Reports and Disposition Excerpts dated February 12, 2019, December 11, 2018, and November 13, 2018; (pgs. 192-227)
6. Site Plan and Elevations approved by the Planning Commission <http://ci.carson.ca.us/content/files/pdfs/planning/docs/projects/Birch/BIRCH-ProjPlan2018-1206_CommHearingSet.pdf> (pgs. 228-251)
Prepared by: Leila Carver, Contract Planner