REPORT TO DEVELOPMENT REVIEW HEARING
SUBJECT
Title
Architectural Review of a six-story mixed-use development with 200 affordable residential units at 80 Saratoga Avenue
Report
File No.: PLN21-15214
Location: 80 Saratoga Avenue, a 1.98-acre parcel located at the northwest corner of Saratoga Avenue and Keystone Avenue; APN: 294-38-016; property is zoned General Office (OG)
Applicant: Marcor Development, Inc
Owner: YMCA of Silicon Valley
Request: Architectural Review of a six-story residential development including 200 affordable housing units and associated on- and off-site improvements in conformance with Senate Bill 35 (SB35) (Government Code Section 65913.4) and State Density Bonus Law (Government Code Section 64915).
Project Data
The project data table is included as Attachment 1.
Project Description
The project includes the demolition of two commercial buildings totaling 25,962 square feet to construct a six-story building consisting of five levels of apartments over podium parking and ground floor commercial space. The project provides 5,864 square feet of commercial space and 94 parking spaces; of which 65 are dedicated for resident tenants and 29 are for commercial use. Secured bicycle parking is located on the ground floor for 66 bicycles. The project also includes landscaped open space and active outdoor recreation areas consisting of child play equipment, exercise stations, half-basketball court, picnic areas and barbeques; as well as an indoor fitness room, outdoor play courts (badminton and corn hole) and dining areas on the second floor. Off-site improvements include complete street sections along the frontages of Saratoga Avenue and Keystone Avenue consisting of a tree-lined landscaped park strip with sidewalk behind connecting to adjacent land uses.
The proposal is a 100 percent affordable housing development with 200 dwelling units that includes four floor plan types consisting of studios, one-, two- and three-bedroom units ranging from 416 square feet to 1,047 square feet in size. Of the units, 80% (160 units) are to be provided to low income households at 80% average median income (AMI) and 20% (39) for moderate income. A non-income restricted on-site resident manager unit would be provided in the unit mix.
Entitlement Process
The project utilizes Senate Bill 35 (SB35), which streamlines the approval process for affordable housing projects in California. SB35 amends Government Code Section 65913.4 to require local government to streamline the approval of housing projects by providing a ministerial approval process, removing the requirements for CEQA analysis, and discretionary review and approval. The legislation applies to multifamily residential developments on urban infill sites in Cities and Counties that do not meet their Regional Housing Need Allocation (RHNA) goals for construction of above-moderate income housing and/or housing for households at or below 80% AMI. The City of Santa Clara is listed as a jurisdiction subject to SB35 for affordable housing needs by California Housing and Community Development (HCD). SB35 requires compliance with objective standards and eligibility requirements. These requirements are set forth in Government Code Section 65913.4. Project conformance with the requirements are provided as Attachment 2.
General Plan and Zoning Consistency
The project site has a Community Mixed Use General Plan land use designation, which is intended to encourage a mix of residential and commercial uses along major streets with parking located behind, below-grade or in structures to ensure that active uses front public streets. Retail and commercial uses at a minimum floor area ratio (FAR) of 0.10 are required in conjunction with residential development between 20 and 36 dwelling units per acre (du/ac). Existing development on the site has a commercial FAR of 0.27 and does not have a residential component. The proposed project has a 0.07 FAR commercial component and a residential density of 101 du/ac. In accordance with Density Bonus Law, the project is eligible to receive a concession to reduce the commercial FAR requirement of 0.10 to 0.07.
The existing zoning designation for the site is General Office (OG). This designation is intended to provide an environment exclusively for and conducive to the development and protection of administrative facilities and business office centers. It is a heavy employment zone bordering and contiguous to the central business or community and regional commercial area. The project site is bounded by residential development to the west and northwest and office use to the northeast. It is separated from commercial/ retail uses by Saratoga Avenue to the east and Keystone Avenue to the south
SB35 prohibits local governments from imposing subjective standards that involve discretionary actions, such as rezoning. As the existing OG designation does not allow residential use and is inconsistent with the General Plan designation for the site, the project is applying the objective developments standards of the Very High Density Mixed-Use (VHDMU) zoning district for ministerial processing and design review pursuant to Assembly Bill 3194 (AB 3194). This bill, which amends the Housing Accountability Act, allows development of a housing project without rezoning, if the zoning is inconsistent with the General Plan (Government Code 65589.5(j)(4)) and there is a zoning designation that can be applied to the project that is consistent with the General Plan designation for the site.
The VHDMU zoning district is intended to provide for transit- and pedestrian-oriented mixed use development comprised of very high density housing over 50 du/ac and up to 120 du/ac in conjunction with local and regional serving commercial uses that link with existing and planned transit facilities to support and maximize transit use. This designation is consistent with the Community Mixed Use General Plan designation for the site and Density Bonus legislation. SB35 exempts parking standards for affordable housing projects located within one-half mile of public transit. As the project site is located within one-half mile of VTA bus stops with connections to local and regional transit facilities it is not subject to the parking requirements set forth in the VHDMU zoning district.
Density Bonus
The project includes a “super density bonus” to allow higher residential density with development of 100 percent affordable housing pursuant to Density Bonus Law (AB 1763). The intent of Density Bonus law is to facilitate the development of affordable and senior housing; and to do so provide developers incentives and concessions, such as higher densities, setbacks, and building heights, that allow these housing types to be economically feasible to construct. For 100 percent affordable projects, the following bonus applies: “If the housing development is located within one-half mile of a major transit stop, the city . . . shall not impose any maximum controls on density.” A “major transit stop” includes the intersection of two bus lines, provided that each has a maximum of 15-minute headways during peak commute periods. The project site is located within a one-half mile of VTA bus line 59 on Saratoga Avenue and intersects with Route 23 which has a 15-minute headway during peak commute hours. Given the location and housing type, the project qualifies for the “super density” legislated by AB 1763 to provide 200 affordable units at 101 du/ac. Pursuant to City Code Section 18.78.060, a Density Bonus Housing Agreement must be approved prior to the issuance of building permits for the parcel or units.
In accordance with Density Bonus Law, the project is eligible to receive a concession to reduce the commercial FAR requirement of 0.10 to 0.07. Without the concession, the project would be precluded from providing 200 affordable housing units.
Community Meeting
The applicant team conducted a noticed virtual community meeting via Zoom on March 29, 2022. The applicant mailed fliers to property owners within 500 feet of the project site boundaries. The applicant team provided a presentation which was followed by community input. Three individuals provided comments and questions regarding, affordability, parking count and allocation, transportation demand measures, and prevailing wage for construction workers.
ENVIRONMENTAL REVIEW
Projects that comply with SB35 and objective standards are ministerial and therefore not subject to CEQA review.
FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application beyond the administrative staff time and expense typically covered by processing of fees paid by the applicant.
PUBLIC CONTACT
On September 1, 2022, a notice of public meeting of this item was mailed to property owners within 500 feet of the project boundaries and was posted in three conspicuous locations within 300 feet of the project site. At the time of this staff report, the Planning Department has not received public comments pertaining to the architectural review application.
CONCLUSION
Recommendation
Approve the Architectural Review of a six-story mixed use development with 200 affordable apartments at 80 Saratoga Avenue, subject to conditions, consistent with State Bill 35 and State Density Bonus Law (Government Code Section 64915).
Staff
Prepared by: Debby Fernandez, Associate Planner, Community Development
Approved by: Lesley Xavier, Principal Planner, Community Development
ATTACHMENTS
1. Project Data
2. SB 35 Conformance Review
3. Project Justification Statement
4. Conditions of Approval
5. Development Plans