HomeMy WebLinkAboutAttachment M_Peer Review_Density Analysis - 7360 Foster Bridge_revisedDENSITY ANALYSIS OF 7360 FOSTER BRIDGE BOULEVARD
Summary
The City of Downey has received a request from The Olson Company (Applicant) to construct a 33-unit
condominium development at property located 7360 Foster Bridge Boulevard (Subject Property). At the
request of the City of Downey (City), Sagecrest Planning + Environmental (Sagecrest) has prepared the
following density analysis. The Applicant proposed to construct 33 condominium units on the subject
site, which would exceed the maximum allowable development of 13 units, including base density and
density bonus units, exclusive of ADUs and JADUs. Furthermore, the City’s zoning code does not permit
condominiums within any of the R-1 zoned properties. Notwithstanding the density limit, if 100% of the
units meet the affordability requirements and the applicant is a qualified developer under SB 4, they
could propose up to 71 units.
Background
The Subject Site is an approximate 56,029 square foot parcel that is improved with an 8,480 square foot
church. The Subject Site has a General Plan Land Use Designation of Low Density Residential (LDR) and is
zoned R-1 6,000 (Single-Family Residential Zone, 6,000 square foot minimum lot size).
According to Downey Municipal Code (DMC) §9312.02, the purpose of R-1 zone is to “provide for the
development of single-family residential areas and to designate appropriately located areas for family
living at designated population densities. The provisions of this zone are intended to ensure that the
residential character of such areas will be stabilized and maintained. They are further intended to provide
a basis for the planning of related amenities, such as parks, schools, public utilities, streets and highways,
and other community facilities.” Permitted uses in the R-1 zones include single family residences, but
multi-family dwellings, including apartments and condominiums, are not permitted.
Base Zoning
Under the R-1 6,000 zone, the property could be subdivided into single family residential lots with a
minimum lot size of 6,000 square feet. The calculation of the maximum number of dwelling units under
the zoning is as follows:
56,029 square feet ÷ 6,000 square feet = 9.3
Rounding this number down (as a partial unit could not be built), nine single-family homes could be built
under the current zoning. In addition to the nine base units, each parcel would also be allowed one ADU
and one JADU as discussed below. It is important to note that ADUs are not considered part of the
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density calculation as Government Code §65852.2(a)(1)(C) and §68582.2(a)(11) clarify that ADUs are an
accessory use to the primary use of a property and do not contribute to the allowable density.
Density Bonus
Government Code §65915 et. seq. contains the State Density Bonus Law, which could be utilized to
increase the number of units allowed on the Subject Site. Unfortunately, DMC §9512, which lists the
City’s density bonus regulations, is no longer consistent with State law and would not be applicable.
To determine the allowed density bonus, we must first determine the base density for the Subject
Property. Government Code §65915(o)(6) defines base density as “the greatest number of units allowed
under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of
density is permitted, means the greatest number of units allowed by the specific zoning range, specific
plan, or land use element of the general plan applicable to the project. Density shall be determined using
dwelling units per acre.”
The LDR General Plan designation allows up to 8.9 dwelling units per acre. The calculation of the
maximum number of dwelling units under the General Plan is as follows:
1.29 acres (43560 square feet per acre) x 8.9 dwelling units per acre = 11.5
Unlike determining density under standard zoning, when a project includes a density bonus,
Government Code §65915(f)(5) requires the City to round up fractional units to the next whole number.
This results in the zoning allowing ten units and the General Plan allowing 12 units. Given the General
Plan allows a higher density, the number of density bonus units would be calculated from the 12 base
units. The applicant has stated they would provide 10% of the units for moderate income to qualify for
the density bonus. Per Government Code §65915(f)(4), they would be entitled to a 5% density bonus (in
addition to any concessions/invectives, parking reductions, and development standard waivers). The
calculation of the increase in density is as follows:
12 units (base density) x .05 = 0.6 density bonus units.
12 units (base density) + 0.6 density bonus units = 12.6 total units
The 12.6 total units allowed would be rounded up to 13 units allowed on the Subject Property.
Accessory Dwelling Units
Government Code §65852.2 regulates ADUs and Government Code §65852.22 regulates JADUs. DMC
§9514 includes the City’s ADU regulations; however this code is no longer consistent with State law and
would not be applicable. The applicant has stated they would be allowed “one ADU and one Junior ADU
(“JADU”) per dwelling unit.” Additionally, the applicant states “Further, in addition to the one ADU and
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JADU state law permits one additional detached ADU per single-family residence.” Sagecrest notes that
this statement is an incorrect interpretation of State ADU law.
Government Code 65852.2(a)(1)(D)(iii) allows one ADU that is within or attached to the primary dwelling
unit or is detached from primary dwelling unit. The ADU must be located on the same parcel as primary
dwelling unit. The ADU may be rented separately from the primary dwelling but cannot be conveyed or
sold separately from the primary dwelling.
In addition to ADUs, Government Code §65852.22(a)(1) allows one JADU per single family residential
parcel. The JADU must be constructed within the building envelope of the existing or proposed single
family residence and cannot be conveyed or sold separately from the primary residence. Furthermore, if
a JADU is provided, the property owner shall live in either the primary residence or the JADU.
As previously noted, State law defines ADUs and JADUs as accessory uses to the primary use of a
property and do not contribute to the allowable density. The ADU and JADU would be required to be
conveyed with the primary unit of the parcel. These units cannot be used to determine base density and
would not increase the allowable density bonus. This distinction is important since the ADUs and JADUs
include additional regulations on ownership, owner occupancy, and conveyance of the units.
Nevertheless, if the Subject Property is divided into 13 parcels, each parcel could have the primary unit,
ADU, and a JADU bringing the total number of dwellings to 39.
SB 9
Even though the applicant did not specify they would pursue SB 9 application; however, City Staff’s
analysis referenced the State Law and Sagecrest would be remiss not to provide additional analysis. SB 9
added §65852.21 to the California Government Code. This law allows the development of two
residential units on a parcel zoned for single family residential. SB 9 also added §66411.7 to the
Government Code, which allows the ministerial subdivision of single-family parcels into two lot (each
with the ability to build two dwelling units). The latter of these statues require the property owner to live
on one of the parcels for at least three years and cannot be a party to another SB 9 development on an
adjacent lot. Furthermore, Government Code §65852.21(f) states if a property owner utilizes both
§6585.21 and §66411.7 to allow four units, the City no longer is required to permit ADUs or JADUs on
the property.
Due to these restrictions, it is unlikely the Applicant would have a benefit from SB 9 as it would limit the
development to four dwelling units. Notwithstanding this, future property owners could take advantage
of the provisions of SB 9 after the Subject Property is subdivided into individual lots.
SB 4
The Subject Property is improved with an existing religious facility, thus would be eligible for benefits of
SB 4, which provides a streamline ministerial process for housing developments. The allowed density for
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projects is the greater of the permitted density per zoning or the density deemed appropriate to
accommodate housing for lower income households (also referred to as default density standards). For
the City of Downey, this default density is 30 dwelling units per acre1. Under this scenario, the base
density for the Project Site would be 39 units.
1.29 acres (43560 square feet per acre) x 30 dwelling units per acre = 38.7
SB 4 requires 100% of the units, exclusive of the manager’s unit, to be reserved for very-low- and low-
income households, except for 20% of the units may be reserved for moderate income households and
5% may be for the staff of the church (Government Code §65913.16(c)(9)). Since the zoning for the site is
residential, the applicant would be eligible for density increase permitted under Government Code
§65915.
The Project site is not within a very-low VMT area or within ½ mile of a major transit stop, as such would
not be eligible for unlimited density. If the applicant provides all the units for either very-low or low-
income households, however, they will qualify for an 80% density bonus (Government Code
§65915(f)(3)(D)(i)). The calculation of the increase in density is as follows:
39 units (base density) x .80 = 31.2 density bonus units.
39 units (base density) + 32 density bonus units = 71 total units
To qualify for SB 4, the Applicant must meet one of the following:
1. Local public agencies such as cities, counties, housing authorities, and other public entities
authorized to develop or operate affordable housing;
2. A nonprofit corporation, a limited partnership in which a managing general partner is a nonprofit
corporation, or a limited liability company in which a managing member is a nonprofit
corporation which, at the time the application is submitted, owns or manages property that has
a welfare exemption under the state tax code;
3. A developer that contracts with a nonprofit corporation that has received a welfare exemption
under the state tax code for properties intended to be sold to low-income families with a zero-
interest rate loan; or
4. A developer that the religious institution or independent institution of education has contracted
with before to construct housing or other improvements to real property.
As part of the housing development, the church may remain, or be incorporated into the project
provided the square footage of nonresidential space does not exceed what was previously permitted.
1 https://www.hcd.ca.gov/community-development/housing-element/housing-element-
memos/docs/defaultdensity2020censusupdate.pdf
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Additionally, SB 4 sets development standards, triggers for prevailing wage requirements, and limitations
on City review timeframes.
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