WALNUT CREEK DESIGN REVIEW COMMISSION STAFF REPORT ORIGINATED BY: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT PLANNING

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1 WALNUT CREEK DESIGN REVIEW COMMISSION STAFF REPORT AGENDA: December 6, 2017 ITEM NO. 4a ORIGINATED BY: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT PLANNING Day/Date/Time Place Project Name Application Type & App. # Project Location Project Description Zoning General Plan CEQA Applicant Owner Staff Contact Wednesday, December 6, 2017, at 7:00 p.m. Council Chamber, City Hall, 1666 N. Main Street Habitat for Humanity Townhomes Las Juntas Major Subdivision Map No. 9470, Conditional Use Permit (Density Bonus), Design Review, Tree Removal Permit, & Tree Dripline Encroachment Permit Application No. Y Las Juntas Way, Walnut Creek APNs , -051, -052 Habitat for Humanity East Bay/Silicon Valley, represented by Hamid Taeb, Director, is seeking further comment and input to the Walnut Creek Planning Commission on the proposal to develop a acre property with a 100-percent affordable, 42-unit townhome (condominium) project. The units would range from 600 to 1,400 square feet as a mix of one to four bedrooms. As allowed by State Law and the City s Density Bonus Ordinance, the applicant is proposing to develop 13 units more than the maximum permitted density of 29 units and is requesting three concessions from local requirements pursuant to the Ordinance: 1) A concession for the additional density when comprising more than 35 percent of the permitted units; 2) Relief from required building and parking setbacks; and, 3) Relief from the City s requirement to provide a minimum of one covered parking stall per unit. The requested entitlements include: a Tentative Subdivision Map for individual condominium ownerships; a Conditional Use Permit for when the requested Density Bonus would exceed 35 percent more than the permitted density; Design Review approval for the site plan, exterior designs, and landscaping; and tree-related permits for the removal of trees or dripline encroachments thereof. M-3 Multifamily Residential Multi-family Low Density (MFL, 6.1 to 14.0 DU/A) Exempt, Section (Affordable Housing) Hamid Taeb, Director Habitat for Humanity East Bay/Silicon Valley 2619 Broadway Oakland, CA Habitat for Humanity East Bay/Silicon Valley 2619 Broadway Oakland, CA Alan B. Carreon, Associate Planner (925) x2210 carreon@walnut-creek.org STATEMENT OF ISSUES: The DRC requested further refinement and review of the proposed plans prior to review and decision by the Planning Commission on the conditional use permit for Density Bonus, Density Bonus concessions, and tree-related permits.

2 Habitat for Humanity Townhomes Las Juntas Way Page 2 BACKGROUND: On November 1, 2017, the Design Review Commission (DRC) held a public hearing, received public testimony, and provided feedback to the applicant and staff on the proposed project. The plans reviewed by the DRC were based on comments on conceptual plans presented in January The revised plans reduced the unit count from 45 to 42 units, introduced active and passive common areas, relocated or eliminated buildings, and other substantive changes. The DRC opined that the site plan felt disjointed and appeared as if the common areas were simply proposed in the left over areas of the site. The DRC generally felt the prototypical architectural designs were acceptable but express some comments for building details, such as the scale of fascia boards and porch posts, could be further refined. The design plans also lacked a detailed landscape plan and details which could address proximity issues with the adjoining single-family zoned properties. However, it was staff s belief that the DRC could have provided preliminary comment without detailed landscape plans since the project would return to the DRC for one or more hearings as part of final Design Review. The applicant has revised the plans and the changes include: Consolidation of two buildings Relocation of a two-unit (duet) building to the southeast corner of the site An additional five feet of rear setback (now 20 feet) of Units Creation of a large, aggregated common area as a village green in the center of the site Provision of a more detailed landscape plan STAFF RECOMMENDATION: Staff recommends that the DRC provide review comment on the revised plans, take public testimony on issues related to site layout, design review, and tree removal/dripline encroachment permit, and provide comments to the applicant, staff, and Planning Commission. SITE AND PROJECT DESCRIPTION: Site: The project site is 2.05-acre site consisting of three parcels and is generally flat. The site was formerly occupied by the Las Junta Swim Club until the early 2000s when the Club was demolished and improved as temporary parking facilities for BART patrons. Two existing single family homes zoned R-8 abut the site on the north and one single family residence lies to the east although the latter is zoned M-3 Multifamily Residential. The site is secured with six-foot tall chainlink fence along Las Juntas Way to the south and the Iron Horse Regional Trail to the west. Eight-foot tall wood fences currently define the site boundary adjoining the residences to the north and east. A BART right-of-way and the elevated BART track spans the entire 720-foot frontage of the site running parallel with Las Juntas Way and located between it and the project site. Access was historically provided by two stub streets from Las Juntas Way although both stubs currently terminate at the front property line. The BART right-of-way also serves as a pedestrian and bicycle path from the local neighborhoods. Directly across Las Juntas Way is a four-story apartment development (three residential levels over podium parking). A vicinity map and aerial image are provided as Attachments 1 and 2, respectively. Photos of the site and vicinity are provided as Attachment 3.

3 Habitat for Humanity Townhomes Las Juntas Way Page 3 Project: Habitat for Humanity is proposing to develop the 2.05-acre site with a 100-percent affordable townhouse style development consisting of 42 units apportioned among 8 buildings one fewer building than reviewed at the November DRC hearing. The proposed unit mix remains the same at 10 one-bedroom, 13 two-bedroom, 17 three-bedroom, and two, four-bedroom units. The revised plan provides with 68 stalls inclusive of six tandem stalls and up to nine accessible stalls. The former are typically assigned to the three- and four-bedroom units while the latter is consistent with the number of townhome units which will or can be adapted for a disabled household member. The currently proposed plans reflect four fewer stalls than the site plan reviewed in November The project s parking area separates the building layout from the frontage and the elevated BART tracks. Vehicular access would only be from the western stub street. The revised plan provides pedestrian access on both the east and west end sides of the frontage. The east stub street on the BART easement would remain in place. The revise site plan and landscape plan are included as Attachment 7. Consistent with the City s policy to preserve mature Highly Protected trees, the plan continues to preserve three large Valley oak trees (Quercus lobata, Nos. 201, 211, and 212) and incorporate the trees as features in the landscape plan. However, Tree No. 212 which is located at the southeast corner of the site, results in the tree being located in the rear yard of Unit 31 whereas it was previously located in an open space. The project would remove 29 trees within the site inclusive of seven oak trees classified as Highly Protected under the City s Tree Preservation Ordinance. The project and its improvements would also encroach off-site trees including three Valley oaks located along the Iron Horse Trail and approximately 10 Monterey pines located on an abutting single family lot to the north. The Tree Preservation and Removal Plan is shown on Sheet L1.02 of Attachment 7. The Consulting Arborist report is included as Attachment 4. GENERAL PLAN CONSISTENCY AND CODE COMPLIANCE: General Plan: The site is designated Multifamily Medium (MFL) which allows a density range of 6.1 to 14.0 dwelling units per acre. The proposed project density is 20.8 dwelling units per acre which is reflective of a 48.6 percent density increase more than that allowed by MFL designation. General Plan. However, the project qualifies for a density bonus under State law and the City s Density Bonus Ordinance as a 100-percent affordable housing project for Low and Moderate Income households. Under the Ordinance, when a project exceeds a 35 percent density bonus threshold it requires a Conditional Use Permit review and decision by the Planning Commission. No specific plan is applicable to the property. The proposed residential development and inclusion of affordable rate ownership units is consistent with Policy H-2.1 of the Housing Element to assist in the development of low- to moderate-income housing units to the extent financially feasible, Policy H-4.1 to provide regulatory and /or financial incentives where appropriate to offset or reduce the costs of affordable housing development, including density bonuses and flexibility on site development standards; and, General Plan Policy 23.3 to encourage development around the Contra Costa Centre BART station that supports the

4 Habitat for Humanity Townhomes Las Juntas Way Page 4 County s specific plan goals or well-designed, transit-, pedestrian-, and bicycle-oriented development. Zoning: The site is zoned Multi-family Residential M-3 which allows one unit per 3,000 square feet of net lot area. This density classification is intended to serve as a transition between single-family development and higher density residential areas. The M-3 zoning would normally allow up to 29 units but invoking Density Bonus provision under State law and City ordinance enables the developer to request concession(s) from local development standards based on the proportion of units designated as affordable. As the highest approving body, the Planning Commission will have the authority to consider and render a decision on the requested Density Bonus application. Other reviewing bodies in advisory roles shall provide comments and recommendations to the Planning Commission. Pursuant to (Density Bonus Ordinance), the applicant is requesting the following concessions from local requirements which are enumerated by the applicant in Attachment 5: 1. Setbacks: a. M-3 Zoning Rear Setback - When abutting existing single-family zoning, the required rear setback is 20 feet. The applicant is proposing a 15-foot setback along the north property line. b. Parking within a Required Setback- Pursuant to Table A Note 1, of (Parking Regulations Notes), no required off-street parking shall occupy any portions of any required front or side yard. The conceptual development plan proposes 32 parking stalls within the 20-foot front yard setback. 2. Parking Setback and Covered Parking- All multifamily development is required to provide at least one covered stall per unit. The applicant is requesting to provide no covered parking as a development standard incentive/concession. 3. Extra Density Pursuant to the City s Density Bonus Ordinance, the request for additional density for affordable housing is classified as one of the allowable concessions when a project consists of 35 percent or more of the units will be affordable to those with low and moderate income levels. Pursuant to Note D(11) of (Property Development Regulations), the minimum distance between any two buildings on the same lot in the multiple family districts shall be not less than the sum of the side yards required for each building or 20 feet. The applicant will be requesting the Planning Commission to waive that requirement upon the finding that such distances are not necessary for the maintenance of light, air and privacy for the individual units. The request would not be classified as a concession because the provision to waive or reduce the separation requirement is already enabled by the Zoning Ordinance. State Density Bonus Law: In addition to the concessions requested by the applicant under the City s Density Bonus Ordinance above, State law also allows developers to request the waiver of an unlimited number of development standards that would physically preclude the construction of a project with a density bonus and the incentives/concessions which the developer is entitled. The statute is written somewhat vague but a development standard is a site or construction condition

5 Habitat for Humanity Townhomes Las Juntas Way Page 5 (like setbacks, building height, or open space requirement) but has been understood to exclude land use restrictions, procedural requirements, or impact fees. It is not clear how a development standard would physically preclude the construction of this project but the City and applicant appear to have the flexibility for creative solutions. Building Height: The maximum allowable building height for the project site is 25 feet (29 feet with roof pitch allowance) in accordance with Measure A (Building Height Freeze Initiative of 1985). The buildings comply with this development standard. The developer has not requested an increased building height as would be allowed under the Density Bonus law. Parking: The conceptual project would typically be subject to the parking ratios outlined in Table C of (Off-Street Parking and Loading Spaces Required). However, amendments to State Density Bonus law prohibits municipalities from requiring more than 0.5 stalls per bedroom for a housing development solely dedicated as affordable to lower income households and located within ½-mile from a major transit center - in this case, the Contra Costa Centre BART station. Based on the total of 95 bedrooms for the project, the minimum required parking under State law is 48 parking stalls. The applicant is proposing a revised total of 68 stalls or 1.6 stalls per unit. Seven parking stalls would be designated for guests and six tandem stalls for assignment to larger households. Due to State law, no concession is requested for parking availability. The tandem and two compact stalls are not counted as required parking, resulting in a total of 60 conforming stalls as previously proposed. Trees: Trees that are nine inches or more in diameter when measured 54 inches from grade are subject to the City s Tree Preservation Ordinance. It is recognized by the City that the preservation of many of the original trees enhances the natural scenic beauty, sustains the long-term potential increase in property values which encourages quality development, maintains the original ecology, retains the original tempering effect of extreme temperatures, creates the identity and quality of the City which is necessary for successful business to continue, improves the attractiveness of the City to visitors and increases the oxygen output of the area which is needed to combat air pollution. Chapter 4, Goal 26 of the General Plan seeks to preserve the natural environment in the built environment by implementing policies to incorporate natural features such as trees, hillsides, and rock outcroppings into new development, to preserve and add to the city s tree canopy, and to protect oaks and their understories. The proposed plan proposes to preserve the most prominent trees on the site. However, the project would require the removal or dripline encroachment of trees in the development area. The consulting arborist report (Attachment 4) evaluated a total of 46 trees, including those which are off-site or adjoin the project site. The City Arborist has reviewed the report and inspected the trees proposed for removal within the development area. Private Storage: In accordance with Note D(13) of (Property Development Regulations), each unit is required to have a minimum of 200 cubic feet of private storage space over and above what is typically provided for a unit such as bedroom and linen closets. For the stacked one-bedroom units, the private storage would be in the form of a storage room under the

6 Habitat for Humanity Townhomes Las Juntas Way Page 6 stairs and entry porch. The two- and three-bedroom floor plans would provide the required volume under the interior stairs. Four-bedroom units would incorporate an exterior storage room or closet on the front elevation. Public Art: In accordance with (Applicability), this project is exempt from the provision of public art or payment of a fee towards public art because this Residential Development Project (as defined in ) consists of more than 90 percent of affordable-rate residential units. Clean Water Program Compliance: The project is subject to compliance with City s Municipal Regional Permit (MRP) and the provisions of Section C.3. for on-site treatment of stormwater runoff. According to the City s Engineering Division, the project is substantially compliant with sizing, retention and flow rates, and other standards. Environmental Review: Staff has conducted a preliminary environmental analysis and finds that the project is eligible to be statutorily exempted from the requirements of the California Environmental Quality Act under (Affordable Housing) and (Residential Infill Development) in that the project meets the threshold requirements listed in (Threshold Requirements For Exemptions ). The Walnut Creek Planning Commission would acknowledge this determination at a future hearing. ANALYSIS: Density Bonus Concessions No. 1: Zoning Setbacks In general, the intent of the building setbacks is to provide spatial and visual relief between structures. The conceptual design plan reviewed by the Design Review Commission in November 2017 showed a 15-foot building setback along the north property line whereas 20 feet is required when M-3 multifamily residential development abuts a single-family district. The Commission felt the applicant s proposal to plant a hedge along the property line was questionable given the landscape would be located in individual units rear yards and maintained by the homeowner association. In light of the comments, the building containing units 25 through 29 are now shown at the typically required M-3 setback of 20 feet when abutting a single-family zone. Units 13 through 24 maintain the previously proposed 15-foot setback where trees adjoin for screening and where the units abut less active areas of the adjoining single family use (185 Calle Nogales). The applicant feels that the planted pittosporum hedge which is to be irrigated and maintained by the project s HOA can be successfully implemented. Staff believes the requested concession is minor given the building containing Units 25 to 29 has been moved to the 20-foot setback and the other buildings along the north property line are at the same 15-foot setback of the City s higher density single-family zoning districts. The duet building containing Units 30 and 31 is also proposed shown as less than a 20-foot setback from the front property line. These relocated units would be closest to the overhead BART tracks and will require additional evaluation for noise impacts. Its placement complies with M-3 zoning setbacks as a side property line condition.

7 Habitat for Humanity Townhomes Las Juntas Way Page 7 Parking within a Required Setback Due to the configuration of the property which abuts the BART right-of-way at the frontage, supports the concession since the parking area is set back from the street and pose no visual impact. Staff supports the proposed four-foot tall metal mesh fence and landscaping along the entire site frontage to define the property while allowing law enforcement and the general public casual observation of the property to deter potential crime. The proposed four-foot metal fence and low wall along the frontage is consistent with General Plan Policy 18.3 (to) Mitigate the visual impacts of walls and fences, and Action ,... require that all new sound walls, masonry walls or fences 50 feet or longer, be designed to be visually attractive. Density Bonus Concession No. 2: Covered Parking At the previous meeting, the DRC expressed no particular issue with conceding the covered parking requirement of the Zoning Ordinance. The DRC felt that covered parking would result in additional architecture and appreciated the openness of the site. Staff believes additional diamond tree wells within the parking areas should be incorporated to increase the number of trees. Specifically, trees could be installed adjoining the parking stalls labeled G1, G3, R22, R26, and R58. Density Bonus Concessions No. 3: Density Bonus Pursuant to the City s Density Bonus Ordinance, when a developer proposes more than 35 percent of the units are associated with a Density Bonus request, the net units over and above the allowable zoning density is classified as a development concession. The City s General Plan and Housing Element support the development of affordable housing as a matter of policy to promote and accommodate housing opportunities for individuals and families who could not otherwise reside in the local community. Staff supports the requested density bonus. Site Plan & Landscape & Hardscape The applicant has revised the site plan to aggregate the units into eight buildings. Two buildings now span the site laterally along the middle which in turn aggregates most of the common area as a village green along its north side. Consolidation of the units and placement of the buildings parallel to the BART tracks afforded the solution to screen the common area from noise generated by passing BART trains. The common green would be proximate to most of the units and include a turf area and paved areas for both passive and active recreation. The DRC felt that the common area previously proposed at the west corner of the site would not be used by younger children due to its remote location. Staff believes the revised central common area provides for option for supervised and less supervised children while the multi-function sport court at the southwest corner of the site is an option for supervised children, teens, and adults alike. Staff supports this revised site plan layout. The main parking area spans most of the property frontage and separates most of the buildings from the BART right-of-way/overhead tracks. Vehicular access is proposed via the west driveway and two gated pedestrian access points on each end of the frontage. The trash enclosure has been relocated to the left of the former east driveway. The eastern access will likely need to be further refined since the gate would not be allowed to swing outwards over the public way and may also be required to have an ADA-compliant ramp for parity.

8 Habitat for Humanity Townhomes Las Juntas Way Page 8 Each unit is afforded a private rear yard including the stacked units located at the ends of the buildings. The rear yards would be part of the site s common area and designated for exclusive use by the resident of the particular unit. The rear yard areas of the units abutting the north and west property lines are also connected by emergency egress gates. The existing eight-foot tall fences along the north and east property lines were installed through a Special Use Permit for noise attenuation for the former BART parking lot. Eight-foot tall fences (or walls) are not technically required to separate residential uses. However, staff believes the public comments during the Pre- Application Review support maintenance of the existing eight-foot tall fences. Upon further review, staff feels that an eight-foot tall solid wood fence along the west property line may not be appropriate due to the units 10-foot deep rear yards which may feel overly enclosed. Staff recommends the DRC provide comment on retention of the existing eight-foot tall fence along the north and east property lines and the proposed eight-foot tall fence along the west property line. Staff will process a Minor Use Permit entitlement for review by the Planning Commission for any residential fences over eight feet tall where supported by the DRC. Building Architecture Except for some detail and scale of the materials, the Design Review Commission generally felt the building designs were acceptable in that the proposed two-story townhome units reflect a residential character through the use horizontal siding of two exposures, board and batten, and gabled roof pitches. The proposed 27-foot tall buildings comply with the 25-foot Measure A height limit applicable to the property. The buildings are detailed with wood and corrugated metal porch roofs and painted wood sunshades. Staff believes exterior designs provide acceptable visual interest through the use of the materials, material thicknesses, and general detailing. The building designs will be further refined for final Design Review based on previous comments and recommendations. Tree Removals and Dripline Encroachments Of the 29 trees which would be removed to make way for the project, the City Arborist could support the 16 trees inclusive of eight Highly Protected specimens. He could not recommend approval of four of the 13 Highly Protected trees including Tree Nos. 209, 212, 232, and 234 which are rated Good to Excellent. The highest approving body (Planning Commission) may approve a tree removal permit for the removal (or transplant) of a Highly Protected tree only if it finds that the burden to the applicant in preserving the tree greatly outweighs the benefit to the public and that preserving the tree would severely reduce the scale or feasibility of the development. The revised site plan results in Tree No. 212 to be located in the rear yard of Unit 31. Staff believes it would simply make more sense to remove as previously conceived in January 2017 because the tree would limit the owner of the unit from enjoying their private rear yard in a similar way the other 41 owners that do not share the burden. Staff recommends the applicant pay the appraised values as mitigation to remove the four highly protected trees. The City Arborist had reviewed the plans and expressed no concerns regard the catch basins and drain pipe along the north property line. As a condition of approval, the applicant will be required to enter into a maintenance and monitoring agreement which provides for oversight by Consulting

9 Habitat for Humanity Townhomes Las Juntas Way Page 9 Arborist of the development plans and on-site work before, during, and after construction. This would include direct observation and direction at key phases such as tree protection fence installation, grading, trenching, root cutting, and the like. Noise: Any project on this site will result in the direct exposure to noise generated by passing BART trains. The Safety and Noise Element of the General Plan identifies the BART track corridor as a significant noise source and requires as a matter of local policy that multi-family construction methods strive to achieve an interior noise level of 45dB(Ldn) and 65dB(Ldn) for outdoor areas. As discussed at the previous DRC hearing, the environmental noise assessment recommended specific noise attenuating construction methods depending on unit location. The noise assessment also made recommendations on exterior noise exposure specifically for those outdoor common use areas to incorporate some sort of solid noise screen (walls, fences, etc.) that would comply with the recommended specifications. Generally, the previously illustrated exposure contours will be updated to consider the revised site plan prior to granting any entitlement on the project. COMMISSION ACTION REQUIRED: Staff recommends the Design Review Commission provide comment, feedback, and any recommendations to the applicant concerning the Density Bonus concessions, design issues - site planning, setbacks, home designs, landscape and hardscape, noise attenuation, and request for a tree removal and tree dripline encroachment permit. A summary of the comments will be forwarded to the Planning Commission for its consideration and information. ATTACHMENTS: 1. Vicinity Map 2. Aerial Image 3. Site Photographs 4. Consulting Arborist Report, HortScience, August 27, Request for Incentives/Concessions to Development Standards, September 14, 2017, Hamid Taeb, Director - Habitat for Humanity 6. Site Plan of November 1, Revised Site & Landscape Plans, December 6, 2017 Prepared by: Alan B. Carreon, Associate Planner O:\CDD\PLANNING\1Project Files\Y17-000\Y Juntas (ABC)\40 Public Review\ DRCSS\~Y17079 DRCSS docx